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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.
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:
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:
The Florida Civil Human Rights Act protects Miami employees from employment discrimination as the state law against discrimination.
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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View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
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
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
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
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
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
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 Testimonial
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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:
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.
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:
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.
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.
While you are contemplating your next move, there are a few things you can do now to help your case along.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.