Derek Smith Law Group / Employment Law Attorneys / Employment Discrimination / Employment Discrimination Attorneys Miami

Employment Discrimination Attorneys Miami

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What is Employment Discrimination in Miami?

Employment discrimination in the workplace in Miami is illegal and should never be tolerated. It is when an employer/CEO, fellow employee, supervisor/manager, or non-employee such as a customer or vendor harasses or unfairly treats and employee or job applicant based on the individual’s religion, race, color, national origin, military status, citizenship status, disability, sexual orientation, gender, gender identification, sex, age, pregnancy, genetic information, or any other issues that may be considered a protected class. For the past 25 years, the Derek Smith Law Group has worked with victims of employment discrimination in Miami to get the justice they so rightly deserve.

What is Employment Discrimination in Miami?

Employment discrimination is when an employee or job applicant is treated unfairly or harassed by an employer/CEO, fellow employee or co-worker, supervisor or manager, or non-employee because of he or she is a member of a protected class. A protected class, as defined by law, is a group of people in any of the following categories:

Race
Color
National Origin
Religion
Age (over 40)
Disability
Pregnancy
Gender/Sex

Sexual Orientation
Genetic Information
Equal Pay/Compensation
Ethnic
LGBT
Hair
Citizenship
Military Status

What Laws Protect Employees from Employment Discrimination in Miami?

Title VII of the Civil Rights Act of 1964 is the most common federal law addressing most areas of employment discrimination. This law protects all employees and job applicants from being subject to employment discrimination from any person in the workplace, no matter their status or title.

However, many other federal laws make different categories of employment discrimination illegal, such as:

U.S. Code §1981
Fair Labor Standards Act
The Equal Pay Act
The Age Discrimination in Employment Act (ADEA)
The Rehabilitation Act of 1973

The Immigration Reform and Control Act of 1986
The Americans with Disabilities Act of 1990 (ADA)
The Genetic Information Nondiscrimination Act of 2008
and the US Equality Act of 2015

The Florida Civil Human Rights Act protects Miami employees from employment discrimination as the state law against discrimination.

What Evidence Is Needed to Prove Employment Discrimination in Miami?

Employment discrimination can be difficult to prove. However, it is never impossible. There are three types of evidence categories the court will accept as evidence of employment discrimination: direct; disparate; and policy.

Direct Evidence. This is the “smoking gun” as many attorneys refer to it. This is when an employee or job applicant has written or verbal proof that the harasser (the employer, co-worker, supervisor or non-employee) harassed or unfairly treated the person based on being a member of the protected class. For instance, when an email copies the employee and states that she was denied the promotion because she is pregnant, causing fear on the part of the employer that she would not come back to work after the baby is born. This email is direct evidence that pregnancy was the basis of the employment decision, which is employment discrimination. Direct evidence is not easy to come by, but it happens more often than expected.

Disparate Evidence. This evidence is more common. It is a series of actions and a culture that can show an action that occurred based on discriminatory behavior. The behavior does not need to intend to discriminate, however, the final result must be unfair treatment or harassment, whether intended or unintended. For instance, if a company has a habit of only allowing women to work with higher-end clientele because the supervisor feels the women understand “luxury” better than men, this can be unintentional discrimination against men, especially if the man is as qualified as the woman to work on the client file.

Policy Evidence. This evidence is when a policy intentionally or unintentionally discriminates against a protected class. For instance, if the company has a policy that only allows women the opportunity to take off of work to care for a sick child, this discriminates against men who have children by refusing them the right to take a day off to care for their child. It may not be intentional, but the result is discrimination.

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Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

Jessica Gonzalez

Corey Kientz

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What Are Examples of Employment Discrimination in Miami?

Employment discrimination is not limited to one or two events. It can occur in many ways, some more obvious than others. Here are some examples of employment discrimination:

Wrongful termination
Unwanted touching
Forcing a person over 40 to retire
Refusal of benefits
Denying a promotion to a pregnant employee
Not hiring a military reservist because of his status
Reporting an employee to Ice as retaliation
Retaliating against an employee who refused sexual advances
Denying a raise to an employee based on national origin
Refusing to allow a person to work on a case because of his or her skin color
Making constant jokes about sexual orientation
Demoting an employee who is Gay/Lesbian
Refusing to allow a Jewish employee days off for the high holidays
Refusing to allow a Muslim woman who is a job applicant access to the public accommodations
Forcing a Muslin man to shave his facial hair
Denying proper bathroom breaks to diabetic employees
Forcing employees with cancer to miss treatment appointments in fear of termination
Sexism
Refusing certain positions to employees with a foreign accent
Harassing an employee who is in a wheelchair
Making jokes about age to employees over 40 that show they are offended
Harassing an employee who is married to a person of a different race, religion, or national origin

What Is the Statute of Limitations to File an Employment Discrimination Claim in Miami?

Title VII is governed by the Equal Employment Opportunity Commission (EEOC). The EEOC provides a time limit of 300 days to file a claim for investigation. Once filed, the EEOC will investigate the claim and issue a Right to Sue letter to allow a complaint to be filed in Federal Court under Title VII.

The Florida Civil Human Rights Act is governed by the Florida Commission of Human Rights. The Commission provides a year to file a claim. In addition, the Commission and EEOC have a “work-sharing agreement” which allows a victim of employment discrimination to file a claim with one agency and request it be filed with both agencies at the same time.

The various federal discrimination laws mentioned above have varying time limits under which to file an employment discrimination claim. The attorneys at Derek Smith Law Group can help you determine which laws are best suited for your claim and ensure the complaints are filed within the proper statute of limitations.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

What Remedies Are Available Through the Courts for Employment Discrimination in Miami?

The point of filing an employment discrimination claim in Miami is to ensure you get the compensation you deserve. The courts will offer different remedies, both monetary and actions, to help compensate you for your ordeal. Some of the remedies include:

Back pay
Future pay
Reinstatement of employment and benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses

Attorney’s fees
Review and revamping of policies and procedures
Pain and suffering
Emotional Distress
Punitive Damages.

These damages are intended to “punish” the employer for discriminatory behavior. The total is calculated, in part, based on the gross profits of the employer, the nature of the action, and whether this is the first offense.

What is the Amount of Time an Employment Discrimination Case Takes to Settle in Miami?

Each employment discrimination case has its own timeline, which depends on the merits of the case, the parties involved, and many other issues that can arise during the process of a lawsuit. However, the general standard is a lawsuit can last from 4 to 6 months to 1 year or more.

If the other side is willing to negotiate a fair settlement before the case goes to trial, the entire case may be settled and closed within 4 to six months. However, if the case goes to trial, the process prior to trial can take anywhere from 6 months to a year and then the trial process can take another week to a month or more.

A Few Things You Can Do Right Now

While you are contemplating your next move, there are a few things you can do now to help your case along.

Contact an employment discrimination immediately.
If you have not been fired, do not quit. This can hurt your case.
If your company has an HR department, file a claim for employment discrimination.
If your company has a policy or procedure regarding employment discrimination, follow it. This will also help your case.
Collect evidence. Document every incident of employment discrimination. Include the details of the incident, when and where it occurred, who was involved, and any witnesses to the incident.

Contact Our Experienced Employment Discrimination Attorneys in Miami for a Free Consultation

Employees and job applicants should always be able to work and apply for jobs without their protected class status deciding employment issues such as hiring, firing, promotions, compensation, benefits, training, and all other related issues. If you are a victim of employment discrimination, Derek Smith Law Group can help. Contact us today at (305) 946-1884 for a free consultation. We do not collect any money until you win your case.

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