If you have experienced unfair treatment at your workplace in Florida, it’s crucial to understand your rights and the steps you can take to report the violation. Unfair treatment can take many forms, from discrimination based on protected characteristics to harassment, retaliation, and wage law violations. At BT Law Group, we are dedicated to helping employees navigate this process and get the justice they deserve.

Understanding Unfair Treatment

Unfair treatment in the workplace is a broad term that could encompass various forms of discrimination and unlawful practices.

The Florida Civil Rights Act and federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) prohibit employers from discriminating against employees based on protected categories such as:

• Race
• Color
• National origin
• Religion
• Sex
• Age
• Disability

Unfair treatment can also include harassment, which is unwelcome conduct that is severe or pervasive and creates a hostile or offensive work environment. Sexual harassment, such as unwanted advances or inappropriate comments or touching, is a common form of workplace harassment. Retaliation against employees who report discrimination is also illegal.

Other examples of unfair treatment include violations of wage laws, such as failing to pay minimum wage or overtime.

Examples of Discriminatory Practices

Discriminatory practices can be overt or subtle. Some examples include:

• Refusing to hire, promote, or train someone based on a protected characteristic
• Paying employees differently based on their race or gender
• Enforcing dress codes or grooming standards that discriminate against certain groups
• Denying reasonable accommodations for employees with disabilities
• Retaliating against an employee for filing a protected complaint

If you have experienced any of these situations or other forms of unfair treatment, you may have the right to take action.

Seeking Legal Assistance

The complaint process can be challenging, especially when you’re dealing with the stress of unfair treatment at work. Consulting with the experienced employment law attorneys at BT Law Group can help you understand your rights, gather evidence, and build a strong case.

At BT Law Group, we represent employees who have faced discrimination, harassment, and other forms of unfair treatment. We can guide you through the process of filing complaints with the FCHR, EEOC, and/or DOL and represent you in negotiations or litigation against your employer.

Gathering Evidence

To build a strong case, it’s essential to document instances of unfair treatment as they occur. Keep detailed records of the following:

• Dates, times, and locations of discriminatory or harassing incidents
• Names of involved parties and any witnesses
• Copies of any relevant communications, such as emails, memos, or performance evaluations
• Your own notes about what happened and how it affected you

This evidence will be crucial in substantiating your discrimination claim or complaint. Be sure to keep your records in a safe place, preferably outside of the workplace. At BT Law Group, we can help you identify the evidence needed to build a compelling case.

Filing a Complaint with the FCHR

The Florida Commission on Human Relations (FCHR) is the Florida state agency responsible for enforcing the Florida Civil Rights Act (FCRA). If you believe you have been discriminated against for any reason identified under the FCRA, our attorneys can assist you with filing a complaint with the FCHR.

Eligibility and Time Limits

To file a complaint with the FCHR under Florida state law, the alleged discrimination must have occurred within 365 days of the filing date. The FCHR generally has jurisdiction over employers with 15 or more employees during a defined period.

Information Needed for Filing

When filing a complaint, you will need to provide:

• Your contact information
• Your employer’s contact information
• A description of the alleged discriminatory events
• The basis for the discrimination (race, sex, age, etc.)
• The dates of the alleged discrimination

Filing a Charge with the EEOC

The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces anti-discrimination and various anti-retaliation laws. If your employer has 15 or more employees in a defined period, you may be able to file a charge of discrimination with the EEOC.

Time Limits and Process

In most cases, you must file your charge within 180 days of the alleged discriminatory act. However, if a state or local agency enforces a law that prohibits employment discrimination, like the FCHR in Florida, you have 300 days to file a charge under federal law.

After you file a charge, the EEOC will notify your employer and begin an investigation. They may attempt mediation or request a written response from your employer. The length of the investigation can vary.

If the EEOC determines that discrimination has occurred, they will attempt to reach a settlement with your employer and/or conciliation. If no settlement is reached, the EEOC may file a lawsuit on your behalf or provide you with a Notice of Right to Sue, allowing you to file a lawsuit yourself.

Reporting Wage Law Violations

If your employer has violated federal wage laws, such as failing to pay minimum wage or overtime, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD).

The WHD enforces the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, recordkeeping, and youth employment. If your employer has violated these standards, you can file a complaint online or by contacting your local WHD office. Alternatively, you may be able to proceed straight to court without any administrative prerequisites.

Protecting Yourself from Retaliation

It’s important to know that it is illegal for your employer to retaliate against you for reporting unfair treatment or engaging in protected activity. Retaliation can include actions such as demotion, harassment, or termination.

If you experience retaliation, document it just as you would document the original unfair treatment. Keep records of any adverse actions taken against you.

The Florida Private Whistleblower Act, for example, provides additional protections for employees who report violations of law, rule, or regulation. If you have been retaliated against, you may have a claim under this Florida statute.

Report Unfair Treatment With BT Law Group Today

If you’ve been treated unfairly in the workplace, contact our experienced employment law attorneys at BT Law Group. We’re here to protect your rights, provide guidance, and fight for the justice you deserve.

Schedule your confidential consultation today by calling our office or filling out our online contact form. Let us help you stand up against discrimination and unfair treatment.