Derek Smith Law Group / Employment Law / Gender/Sex Discrimination / Sex or Gender Discrimination Attorney Miami

Sex or Gender Discrimination Attorney Miami

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Sex or Gender Discrimination in the Workplace
What Is Discrimination Based on Sex or Gender in Miami?
Contact Our Experiences Miami Sex or Gender Discrimination Attorneys for a Free Consultation
Types of Workplace Discrimination Cases We Handle in Miami:

Sex or Gender Discrimination in the Workplace

If you are an employee or job applicant that has been treated unfairly in a Miami workplace because of your gender, you may be the victim of sex or gender discrimination. Sex or gender discrimination is illegal under both federal and local laws. It does not matter whether you are a man or woman and it does not matter if the person discriminating against you is the same or opposite sex. You have rights that include being treated equally no matter your sex or gender. For the past 25 years, the experienced attorneys at the Derek Smith Law Group have helped people, just like you, get the compensation they deserve.

What Is Discrimination Based on Sex or Gender in Miami?

Sex or gender discrimination in the workplace occurs when an employee or job applicant is treated unfairly or harassed by an employer, CEO, co-worker, supervisor or manager, client or customer, vendor, or other non-employees because you are male or female. Both men and women can be equally affected, and it can come from a person of the same sex or opposite sex. This type of discrimination can result in demotions, terminations, denial of benefits, pay decreases, being passed over for promotions, harassment, or any other treatment that is unethical, immoral, or unequal.

What Laws Protect Employees from Sex or Gender Discrimination in Miami?

Sex or gender discrimination is protected by laws on the federal and local levels. Some of the laws protecting you include:

Title VII of the Civil Rights Act of 1964 protects employees or job applicants of firms with 15 or more employees from discrimination on the basis of sex or gender.
The Equal Pay Act of 1963 says that men and women working in the same or similarly situated positions within a company for the same length of time should receive the same pay. This also applies to employers of 15 or more employees.
The Florida Civil Rights Act protects employees in Florida companies with 15 or more employees from discrimination based on sex or gender.

What Evidence Is Needed to Prove Sex or Gender Discrimination in Miami?

When thinking about evidence, there are three ways to prove that you experienced sex or gender discrimination in the workplace: direct evidence; disparate evidence; and policy evidence.

Direct Evidence. This is also known as the “smoking gun.” When your employer says that you were treated in a certain manner because of your sex or gender, that is direct evidence of discrimination. It can be in writing or verbal and can be said or written directly to you or someone else about you.
Disparate Evidence. This is more common in the legal world. Disparate evidence occurs when you can show a direct relationship between poor treatment and your sex or gender. For instance, when you are praised on your evaluations and have wonderful reviews but are constantly overlooked for promotions while your female co-workers are always promoted, even if they are less qualified, you may be able to show disparate evidence for discrimination.
Policy Evidence. This occurs when a policy is intentionally or unintentionally discriminatory. Simply following the policy will lead to discrimination based on sex or gender.

Testimonials

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During 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

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

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

Phyllis Parker

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.

Wally Peczon

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

Tali Loya

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

Corey Kientz

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!

Marissa Shander

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

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

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What Are Examples of Sex or Gender Discrimination in Miami?

Whether you are hitting a “glass ceiling,” denied benefits for your family, experiencing sexism in the workplace, or harassed for your gender, you may be experiencing sex or gender discrimination in the workplace. Here are some examples of sex or gender discrimination in Miami:

Your boss tells you that you are not feminine enough and you must act more like the “woman you are”
Your co-worker constantly uses gender-based slurs that you repeatedly say offend you
Your company has a policy that women can only be promoted to Assistants to the C-level and hit a “glass ceiling” at that point to avoid further promotions
Your boss refuses to give you benefits and tells you that you must go on your husband’s benefits, even though he offers benefits to your male co-workers
A woman and man started working in the same position on the same date. The man was offered significantly more money than the woman
You are terminated because you complained to HR that your boss seems to favor women over men for certain positions
Women are not offered positions in the automotive department under any circumstances
Men are only allowed to work as bartenders or busboys in the restaurant and women are only allowed to work as waitresses or hostesses
You are demoted because you refused to wear only dresses or skirts to work and you continue to come to work in professional pants suits
Your co-workers continually make catcalling sounds at you even though you have asked them to stop
Your client will not let a man work on her project because she just doesn’t like men

What Is the Statute of Limitations to File a Lawsuit for Sex or Gender Discrimination in Miami?

If you wish to file a claim under the federal laws of Title VII or the Equal Pay Act, you must file the claim with the Equal Employment Opportunity Commission (EEOC). The EEOC gives a time limit of 300 days to file your claim, at which time they will investigate to make sure it falls under the guidelines of sex or gender discrimination. If approved, you will receive a Right to Sue letter allowing you to file a lawsuit in federal court.

The Florida Human Relations Commission (FHRC) handles any claims filed under the Florida Human Relations Act. You have 1 year to file a claim. Florida institutes a work-sharing agreement which will allow the claim to automatically be filed with the EEOC as well.

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 in Miami for Sex or Gender Discrimination?

If you are going to take the leap to file a complaint against your employer in Miami, it is natural to wonder what type of relief the court will offer. Some remedies available through the courts for your claim may include, but are not limited to:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Reviewing and revamping sex and gender discrimination policies

Attorney’s fees
Back pay
Future pay
Pain and suffering
Emotional distress
Punitive damages

How Long Will a Sex or Gender Discrimination Lawsuit in Miami Last?

Sex and gender discrimination lawsuits can last anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement before going to trial, your case may settle in as little as 4 to 6 months. However, if your employer refuses to negotiate a settlement and insists on going to trial, your case may take 8 months to a year or longer to prepare. The trial may then take another few days to several weeks or longer before a judgment is entered by the court.

A Few Things You Can Do Right Now

As you decide what your next steps may be, there are a few things you should do to help prepare your claim for filing.

Contact an experienced sex or gender discrimination attorney immediately.
If you are still employed, do not quit until you consult with your attorney.
If your company has an HR department, file a complaint regarding the discrimination.
If your company has a policy regarding sex or gender discrimination, follow it.
Gather evidence. Document every incident, including what occurred, when and where it occurred, who was involved, and any witnesses.
Do not waste time. You only have a year to file a claim. Do not wait until it is too late.

Contact Our Experiences Miami Sex or Gender Discrimination Attorneys for a Free Consultation

No one should ever be forced to work in an environment where they are treated unfairly or harassed because of gender or sex. If you are a victim of sex or gender discrimination in a Miami workplace, the experienced attorneys at the Derek Smith Law Group, one of FindLaw’s Top sexual harassment attorneys in Miami, can help. We have helped our client win over $165,000,000, and we want to help you. Contact us today at (305) 946-1884 for your free consultation. We do not collect any money until you win your case.

Types of Workplace Discrimination Cases We Handle in Miami:

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