Miami Race Discrimination Lawyer

Race Discrimination Firm Serving Miami-Dade County & Surrounding Areas

Race discrimination in the workplace happens when an employer treats applicants or employees differently or less favorably because of their race. There are federal, state, and local laws that prohibit this type of discrimination. Under federal law, Title VII of the Civil Rights Act of 1964 (“Title VII”), and under state law, the Florida Civil Rights Act (“FCRA”), which apply to employers with 15 or more employees, employers cannot discriminate against applicants or employees because of their race. Under local laws in Miami-Dade County, for example, similar protections apply to employers that have 5 or more employees.

In addition, 42 U.S.C. 1981 (“Section 1981”), offers protection against race discrimination, but does not require that an employee or applicant go through the administrative process of filing a charge with an administrative agency, such as the Equal Employment Opportunity Commission. Instead, the employee or applicant may immediately file a lawsuit in court. Also, claims under Section 1981 provide different damages than claims under Title VII.

The protections under federal, state, and local laws extend to all aspects of employment for employees and applicants, including hiring, pay, training, promotion, job assignments, discipline, layoff, and termination. Claims of race discrimination may be proven based on direct or circumstantial evidence. Some examples of direct evidence include a manager’s remark that the employee is being terminated “because you’re Hispanic” or an interviewer’s comment that the company “won’t hire any African-American candidates.”

Most cases are proven through the circumstantial evidence analysis, which means that an employer treats employees or applicants of other races more favorably than employees or applicants of a specific race, for example African-American. An employer may face a claim for race discrimination if it terminates an African-American sales person for not meeting her sales quota but does not terminate non-African-American employees who also failed to meet their sales quota. Similarly, the inclusion of Hispanic employees in a Reduction-in-Force (“RIF”) while non-Hispanic employees are not included in the RIF could support a race discrimination claim. Ultimately, whether legal grounds exist to support a race discrimination claim depends on the facts of each particular case.

Lawyers from BT Law Group have extensive experience advising clients about, and litigating, claims of race discrimination. If you believe you have been discriminated against because of your race, please contact the attorneys at BT Law Group for a consultation.

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Our Process
1.
Investigate

As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.

These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.

2.
Formulate

Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.

3.
Advocate

After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.

The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.

Reviews

Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

Absolutely wonderful and professional services. Represented my mom in a caring and personalized manner. Knowledgeable and ethical. Thank you!

I always consult BT Law Group for employment law matters. They are responsive, practical and efficient. I recommend them to colleagues and friends.

Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.