Wrongful termination based on discrimination occurs when an employer fires an employee because of a protected characteristic such as race, age, sex, disability, or religion. Both Florida Statutes § 760.10 and federal laws like Title VII prohibit this action.
Wrongful termination based on discrimination happens when an employer fires someone for an illegal, biased reason, even if they try to cover it up with vague “performance” claims or sudden policy changes. In this post, we’ll break down what discrimination-based wrongful termination looks like in Miami, what kinds of proof can help, and when it makes sense to speak with an employment lawyer in Florida about your options.
If you’re searching for guidance, Miami wrongful termination attorneys Jason Berkowitz and Anisley Tarragona have helped workers understand their rights and take action when discrimination is suspected. The sooner you get answers, the better, because deadlines may apply and evidence can disappear quickly. For a confidential consultation, contact BT Law Group, PLLC at (305) 507-8506 to schedule a consultation and get clear, informed legal advice tailored to your situation.
This guide explains what qualifies as discrimination-based wrongful termination, which laws protect Miami workers, how to prove your case, and what damages you may recover
What Qualifies as Wrongful Termination Based on Discrimination?
Wrongful termination based on discrimination occurs when an employer fires an employee for an illegal reason related to protected characteristics. These characteristics include race, color, religion, sex (including pregnancy), national origin, age, disability, and, under Florida law, marital status.
Under Florida Statutes § 760.10, employers with 15 or more employees cannot terminate workers because of these protected characteristics. Title VII of the Civil Rights Act provides similar protections at the federal level.
For example, if a Miami employer fires you because of your age, even though your job performance met expectations, this constitutes age discrimination. Similarly, terminating a pregnant employee because she announced her pregnancy violates both federal and state law.
How Does At-Will Employment Work in Florida?
Florida operates under at-will employment, meaning employers can fire employees for any reason or no reason at all. Employees can also quit at any time without notice. This gives employers broad discretion in making termination decisions.
However, at-will employment has critical exceptions. Employers cannot fire workers for discriminatory reasons or in retaliation for protected activities. The Florida Civil Rights Act and federal anti-discrimination laws create boundaries that employers must respect.
Key Takeaway: At-will employment does not give employers unlimited power. Terminations based on race, age, sex, disability, or other protected characteristics remain illegal even in at-will states like Florida.
What Laws Protect Miami Workers from Discriminatory Termination?
Several laws protect Miami workers from wrongful termination based on discrimination. Federal law provides baseline protections, while state and local laws may offer additional coverage. Florida Statutes § 760.10 prohibits employment discrimination for employers with 15 or more employees. This state law covers race, color, religion, sex, pregnancy, national origin, age, disability, and marital status.
Title VII of the Civil Rights Act of 1964 is the primary federal anti-discrimination law. It prohibits discrimination based on race, color, religion, sex, and national origin. Recent court decisions have expanded Title VII protections to include sexual orientation and gender identity.
The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from age-based discrimination. This law applies to employers with 20 or more employees.
The Americans with Disabilities Act (ADA) makes it illegal to discriminate against qualified individuals with disabilities. Employers must provide reasonable accommodations unless doing so creates undue hardship.
Miami-Dade County has additional protections. The Miami-Dade County Commission on Human Rights enforces local ordinances that prohibit discrimination based on sexual orientation and gender identity, which are protected under local Miami-Dade ordinances and federal law, but not explicitly under Florida state law.
Key Takeaway: Miami workers have protections under federal, state, and local laws. The EEOC Miami District Office at 100 SE 2nd Street, Suite 1500, handles federal discrimination complaints, while the Miami-Dade County Commission on Human Rights at 111 NW 1st Street addresses county-level violations.
What Are Protected Characteristics Under the Discrimination Law?
Protected characteristics are specific traits that employers cannot use as a basis for termination. Both federal and Florida law recognize several protected classes.
Can You Be Fired for Your Race or National Origin?
Employers cannot fire workers based on their race, skin color, or country of origin. This includes discrimination based on racial stereotypes, cultural characteristics associated with race, accent, or ethnicity. This protection covers immigrants and native-born citizens alike.
Can You Be Fired for Your Religious Beliefs?
Employers must reasonably accommodate sincerely held religious beliefs unless doing so creates undue hardship. Firing someone for their religious practices or beliefs violates discrimination laws.
Can You Be Fired for Your Sex, Pregnancy, or Gender Identity?
Sex discrimination includes pregnancy discrimination, sexual harassment, and discrimination based on gender identity or sexual orientation. Title VII protections now extend to LGBTQ+ workers following recent Supreme Court decisions.
Can You Be Fired for Your Age or Disability?
Workers 40 and older have protection under the ADEA. Age discrimination often appears in layoffs where older workers are disproportionately terminated or in hiring decisions that favor younger candidates. The ADA protects qualified individuals with physical or mental impairments that substantially limit major life activities. Employers must provide reasonable accommodations and cannot fire workers simply because they have a disability.
Can You Be Fired for Your Marital Status in Florida?
Florida law uniquely includes marital status as a protected characteristic. Employers cannot discriminate based on whether someone is married, single, divorced, or widowed.
Key Takeaway: If your termination relates to any of these protected characteristics, you may have a discrimination claim. According to EEOC data, employees in Florida filed 5,192 discrimination complaints in 2022.
Wrongful Termination Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Founding Partner
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, and an experienced wrongful termination lawyer in Miami. He previously served as a partner in the Miami office of a national labor and employment law firm, where he represented management, including several Fortune 100 companies. With extensive experience litigating cases in federal and state courts, as well as before administrative agencies and arbitration panels, Jason now uses his background to advocate for employees facing workplace injustice.
His practice covers a wide range of employment law matters, including wrongful termination, discrimination, harassment, retaliation, wage and hour violations, and breach of contract. Jason regularly handles claims under major employment statutes such as the Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Title VII, and the Florida Civil Rights Act.
Anisley Tarragona, Founding Partner
Anisley Tarragona is a founding partner at BT Law Group, PLLC, and an experienced wrongful termination lawyer representing employees throughout Miami. She focuses her practice on employment disputes involving unlawful termination, workplace discrimination, retaliation, sexual harassment, and unpaid wages. Before founding the firm, Anisley worked at a national labor and employment law firm, giving her key insight into how companies and their legal teams approach employee claims.
Anisley litigates in federal and state courts, as well as before administrative and arbitration bodies, and regularly handles cases involving the FLSA, FMLA, ADA, Title VII, Florida Civil Rights Act, and the Florida Whistleblower Act.
How Do You Prove Wrongful Termination Based on Discrimination?
Proving discrimination requires showing your termination happened because of a protected characteristic. Courts recognize two main types of discrimination evidence.
Direct Evidence
This includes explicit statements or documents showing discriminatory intent. Examples include emails stating a preference for younger workers, comments about your race or religion, or admission that you were fired because of your age. Direct evidence is rare because most employers understand discrimination is illegal. They avoid creating obvious paper trails.
Circumstantial Evidence
Most discrimination cases rely on circumstantial evidence that suggests a discriminatory motive. This includes being treated differently from workers outside your protected class who committed similar violations. For example, if younger employees received warnings for the same behavior that led to your termination, this suggests age discrimination. If employees of a different race kept their jobs despite similar performance issues, this indicates racial discrimination.
Timing and Patterns
Timing can support discrimination claims. If you were fired shortly after reporting harassment, requesting religious accommodation, or announcing your pregnancy, this timing suggests a discriminatory or retaliatory motive. Patterns in an employer’s termination practices can demonstrate discrimination. If Miami employers consistently fire older workers or employees of a specific race, statistical analysis can reveal discriminatory patterns.
Key Takeaway: Gather all evidence, including emails, text messages, performance reviews, witness statements, and documentation of how your employer treated similarly situated employees. This evidence strengthens your case when filing with the EEOC or the Florida Commission on Human Relations.
What Should You Do If You Experience Discriminatory Termination in Miami?
Take immediate action to protect your legal rights. Time limits apply to discrimination claims, so acting quickly is essential.
Immediate Steps to Take
- Document everything: Save emails, text messages, performance reviews, employee handbooks, and any written communications before your employment ends. Document conversations with supervisors or HR representatives, noting dates, times, and what was said.
- Gather witness information: Identify coworkers who witnessed discriminatory treatment or can testify about how similarly situated employees were treated differently.
- Preserve evidence: Make copies of all relevant documents and store them outside your work email or devices.
Filing a Charge of Discrimination
You must file a charge with the EEOC Miami District Office or the Florida Commission on Human Relations before filing a lawsuit. These agencies investigate discrimination complaints and attempt resolution through mediation or conciliation. In Florida, you have 300 days from the discriminatory act to file an EEOC charge if you’re claiming violations of both federal and state law. If only federal law applies, you have 180 days.
The Florida Commission on Human Relations allows 365 days for state law claims. The EEOC Miami District Office serves most of Florida, including Miami-Dade County. You can file online through the EEOC Public Portal or schedule an intake appointment by phone. The office is located at 100 SE 2nd Street, Suite 1500, Miami, FL 33131.
Getting Legal Help
An experienced attorney can evaluate your case, help gather evidence, and guide you through the complaint process. If your employer offers severance, have an attorney review any agreement before signing. Severance agreements often include release clauses waiving your right to sue. An attorney can negotiate better terms or advise whether accepting severance is in your best interest.
Key Takeaway: Missing filing deadlines can permanently bar your discrimination claim. Contact the EEOC Miami District Office immediately if you believe your Miami employer terminated you based on a protected characteristic.
What Damages Can You Recover in a Wrongful Termination Case?
Successful discrimination claims can result in significant compensation. The specific remedies available depend on whether you proceed under federal or Florida state law.
Types of Compensation Available
| Damage Type | Federal Law | Florida Law |
| Back Pay | Available | Available |
| Front Pay | Available | Available |
| Compensatory Damages | Capped by employer size ($50K-$300K) | No cap |
| Punitive Damages | Capped by employer size ($50K-$300K) | Capped at $100,000 |
| Reinstatement | Available | Available |
| Attorney’s Fees | Available | Available |
- Back Pay: Wages you would have earned from the date of termination until judgment or reinstatement, calculated based on your salary and benefits at termination.
- Front Pay: Future lost wages if reinstatement is not feasible, compensating you for earnings you will lose because of the discriminatory termination.
- Compensatory Damages: Covers emotional distress, mental anguish, loss of dignity, and other intangible injuries caused by discrimination.
- Punitive Damages: Awarded to punish employers for especially egregious discrimination.
- Reinstatement: Courts can order employers to restore you to your former position or a comparable role with full seniority and benefits.
- Attorney’s Fees and Costs: Prevailing parties can recover reasonable attorney’s fees and litigation costs.
Damage Caps Under Florida Law
Unlike federal law, the Florida Civil Rights Act places no cap on compensatory damages. However, under Florida Statutes § 760.11, punitive damages are capped at $100,000 for private employers. Federal law caps combined compensatory and punitive damages based on employer size, ranging from $50,000 for employers with 15 to 100 employees to $300,000 for employers with over 500 employees. This means Miami workers may recover more under state law than federal law in cases involving significant emotional distress.
What Is the Difference Between EEOC and FCHR Claims?
The Equal Employment Opportunity Commission (EEOC) and Florida Commission on Human Relations (FCHR) both handle discrimination complaints, but they operate under different laws with distinct procedures. The EEOC enforces federal anti-discrimination laws, including Title VII, the ADA, and the ADEA. Federal law applies to employers with 15 or more employees for most discrimination types and 20 or more employees for age discrimination. The EEOC has jurisdiction nationwide and operates 53 field offices, including the Miami District Office.
The Florida Commission on Human Relations enforces the Florida Civil Rights Act. State law applies to employers with 15 or more employees and covers the same protected characteristics as federal law, plus marital status. The FCHR operates exclusively within Florida. Both agencies have a work-sharing agreement. When you file with one agency, they automatically file with the other. This dual filing preserves your rights under both federal and state law without requiring separate submissions.
Florida state law offers some advantages over federal law. The Florida Civil Rights Act allows unlimited compensatory damages, while federal law caps combined compensatory and punitive damages based on employer size. This means Miami employees may recover more under state law than federal law in cases involving significant emotional distress.
Filing deadlines differ between agencies. The EEOC requires filing within 180 or 300 days, depending on whether state law also covers the discrimination. The FCHR allows 365 days from the discriminatory act. The work-sharing agreement ensures you meet both deadlines when filing with either agency.
Key Takeaway: The EEOC Miami District Office and the Florida Commission on Human Relations work together to investigate discrimination claims. Their work-sharing agreement means filing with one agency protects your rights under both federal and Florida state law.
Contact a Miami Wrongful Termination Attorney Today
Being fired for who you are rather than how you perform is deeply unfair. If you suspect your termination was based on your race, age, disability, pregnancy, or another protected characteristic, you may have a valid discrimination claim under Florida or federal law.
Miami wrongful termination attorneys Jason Berkowitz and Anisley Tarragona have represented employees in discrimination cases before the EEOC Miami District Office and Florida state courts. BT Law Group, PLLC helps workers evaluate their claims, gather evidence, and file charges with the appropriate agencies.
Call BT Law Group, PLLC at (305) 507-8506 to schedule a confidential consultation. The firm serves workers throughout Miami-Dade County and South Florida. Strict deadlines apply to discrimination claims, so contact the firm today to protect your rights.
