Experienced Employment Discrimination Attorneys For More Than 75 Years
For a hardworking professional, illegal workplace discrimination is more than emotionally hurtful. It can destroy careers and the right to earn an income commensurate with your abilities. From the business owner’s perspective, a discrimination accusation can take up all your time and focus to defend against, scare off potential new hires, and cost the company.
Whichever side of the conflict you are on, you need realistic legal advice from a Florida employment law attorney you can trust. At Cadogan Law, our focus is on helping our clients resolve their cases with passion and honesty. You will always know where you stand and what your best options are.
Illegal Employee Discrimination In Florida
Both state and federal laws prohibit discrimination against employees based on protected categories, such as:
- Age
- Race
- Ethnicity
- Gender
- National origin
- Religion
- Disability status
- Sexual orientation
- Pregnancy
A successful plaintiff can be entitled to substantial compensation for damages like lost past and future wages and emotional trauma. As your attorneys, we will review the evidence closely and determine how strong the claim is. Then we can advise you how to proceed. We shall provide our clients with the best possible solutions. Our decades of experience representing both employers and employees gives us insight into what the other side is thinking.
Frequently Asked Questions About Discrimination, Harassment And Retaliation
Discrimination, harassment and retaliation claims can be complicated for both sides. Here, we answer a few questions employees and employers may have about their rights.
What is the statute of limitations for filing a discrimination or harassment claim in Florida?
Employees have a limited number of days to file a discrimination or harassment claim. Claims regarding federal law violations must be filed with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the incident of discrimination. Claims filed due to state law violations must be filed with the Florida Commission on Human Relations (FCHR) within 100 days of the last act of sexual harassment and 300 days of the last adverse employment action.
How long does the legal process typically take for a discrimination or harassment claim in Florida?
Once a discrimination or harassment claim is made, it can take up to a year or longer to resolve the case. The time it takes to resolve a discrimination or harassment claim can ultimately depend on the complexity of the case. Employees and employers can talk to an attorney to learn about their legal options to resolve a discrimination or harassment claim in a timely manner.
Are there any exceptions to the employment discrimination laws in Florida?
Yes, there are numerous exceptions. For example, the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) do not apply to small employers with fewer than 15 employees. Similarly, there are exceptions for federal affirmative action plans when employers have fewer than five apprentices or are religious organizations. In addition, employers may make bona fide occupational qualification exceptions based on characteristics like religion or gender if they are reasonably necessary for the employee’s role (such as hiring only men as attendants for a men’s locker room in a gym).
Is it possible for an independent contractor to file a discrimination or harassment claim against an employer?
In some cases, yes. A contractor may be entitled to file a discrimination or harassment claim against an employer if it violates their agreement. A lawyer can help address whether an independent contractor’s right has been violated.
Discuss Your Discrimination Problem
For a confidential consultation please contact Cadogan Law by calling 954-546-7501.