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

Race Discrimination Attorneys Miami

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What is Race Discrimination in The Workplace in Miami?
Types of Workplace Discrimination Cases We Handle in Miami:

Race discrimination in Miami is when an employer treats an employee or job applicant poorly due to his or her race. Race is defined as a group of people sharing similar characteristics, such as hair texture, bone structure, facial features, eye shape, skin color, etc. When an employer fires someone, refuses to hire someone or uses racial slurs against someone because of the employee’s race, the employer is committing race discrimination and that is illegal. For the past 25 years, Derek Smith Law Group has helped Miami’s victims of race discrimination in the workplace find justice for this treatment.

What is Race Discrimination in The Workplace in Miami?

Race discrimination in Miami is the unfair treatment of harassment of an employee or job applicant based on his or her race. Unfair treatment and harassment include:

Wrongful termination
Refusal to hire
Creating a hostile work environment
Retaliation
Denial of Benefits
Denial of rights to express race through clothing, hairstyles, cuisine, and other race-related
Demotion
Overlooked for assignments
Denial of pay increase
Unequal pay

Race discrimination in the workplace can occur between people of the same race or different races. No race is exempt from race discrimination. Racial discrimination can even affect an employee or job applicant because he or she is married to a person of another race or involved in an interracial marriage. Whether you are white/Caucasian, African American, Latino, Asian-American, or Middle Eastern, you are not excluded from becoming a victim of race discrimination.

What Are Examples of Race Discrimination in the Workplace in Miami?

Sometimes, racial discrimination in the workplace is not as blatant as we are led to believe. That does not mean race discrimination in the workplace does not exist. Most employers are just better at making it appear less obvious. Here are some things to look for to determine if you are experiencing racial discrimination in your Florida workplace:

Racial slurs and/or offensive comments made by the harasser, to describe a person’s race or color
Racial cartoons or emails throughout the workplace
Derogatory comments regarding race-related features, such as hair, ethnic clothing, facial features, etc.
Jokes about race, including stereotypical comments made in a jovial manner

Being denied work because the client does not want to work with “someone like you”
Being given additional responsibilities, however, denied additional pay or promotion due to race
Demotion due to race
Being part of a layoff because of race
Unequal pay between races
Retaliation against an employee for reporting racial discrimination
Wrongful termination due to race
A noticeable culture of hiring or not hiring specific races
Creating a hostile work environment due to race
Exclusion from events and workplace chatter due to race
Being targeted because you are in an inter-racial relationship
Asking an employee or job applicant about his or her racial identity

What Laws Protect Employees from Race Discrimination in Miami?

Employers, co-workers, supervisors, clients, and anyone associated with a company are prohibited from discriminating against an employee or job applicant through federal and state laws. Federally, Title VII of the Civil Rights Act of 1964 makes it illegal for any employer, agent of a company, or associate of a company of 20 or more employees to treat any employee or job applicant because of his or her race.

Florida also prohibits such actions through Title XLIV of the Florida Civil Rights Act. According to Florida law, it is illegal for an employer with 15 or more employees to harass an employee or treat any employee or job applicant unfairly because of his or her race.

What Evidence is Needed to Prove Racial Discrimination in Miami?

There are several types of ways to prove racial discrimination in the workplace. The types of evidence most commonly used include direct evidence, disparate actions, and discriminatory policies.

Direct evidence is when the employee or job applicant is told directly or receives an email (by accident or intentionally) that he or she was treated unfairly because of his or her race. This also includes the racial slurs that are directly said to an employee or job applicant and racially targeted jokes or remarks. Some attorneys call this type of evidence the “smoking gun.” It is not the most common type of evidence, but it is not exactly rare.

Disparate actions are the actions that the company, supervisor, co-worker, or associate take that are discriminatory. This type of evidence usually relates to the victim of racial discrimination being passed over for some type of employment opportunity in favor of an employee or job applicant of a different race. This will usually be a series of actions that demonstrate a culture within the company.

Finally, some policies are discriminatory. Such policies may include not allowing people to maintain certain hairstyles or clothing styles that are race-related. It may also include issues such as certain employees are only allowed to work in certain areas or on certain client files because of racial issues.

What is the Statute of Limitations to File a Claim for Race Discrimination in Miami?

The Equal Employment Opportunity Commission (EEOC) sets a time limit of 300 days for a victim of race discrimination in the Miami workplace to file a claim under Title VII of the Civil Rights Act of 1964. The EEOC will then investigate the claim and determine whether the issue is truly a racial discrimination claim. If the EEOC finds enough evidence to suggest that a claim for race discrimination exists, it will issue the employee or job applicant a Right to Sue letter, at which time a complaint can be filed in federal court.

The Florida Commission of Human Relations (FLCHR) governs the Title XLIV of the Florida Civil Rights Act. The FLCHR sets the time limit of 1 year from the date of the last incident to file a claim for race discrimination in the workplace.

What Types of Remedies Are Offered by the Courts for Racial Discrimination in the Workplace in Miami?<

Florida courts want to help any victim of racial discrimination receive the justice he or she deserves. Some of the relief available through the court include:

Reinstatement of employment
Back Pay
Future pay
Attorney’s fees
Firing or Transferring the person or people responsible for the discrimination
Reviewing and revamping policies and procedures
Reinstatement of benefits
Reimbursement of medical and other related expenses
Pain and suffering
Punitive damages

which are damages designed to punish the employer for racial discrimination. These damages are often based in part on the gross profits of the company, the nature of the discrimination, and whether this is the first offense.

How Long Does a Lawsuit for Racial Discrimination or Harassment Last in Miami?

Lawsuits do not have a definitive timeline. There are many variables that will affect how long the lawsuit for racial discrimination will last. Typically, these matters can last anywhere from 4 to 6 months to one year or longer. If the employer is willing to negotiate the settlement in negotiations prior to appearing in court, it is possible the lawsuit will settle within 4 to 6 months of receiving the Right to Sue letter.

However, if the employer does not want to negotiate or is not willing to offer a fair settlement, then the case will likely go to trial. The process to get to trial can take several months to over a year, depending on how long the employer takes to file the required answers and other documents and how much discovery (or pre-trial preparation) is required. The entire process can take one to two years before a judgment is entered.

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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

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

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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

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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.

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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

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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

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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

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Get Help for Workplace Discrimination

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What Should Be Done to Prepare to File a Claim for Workplace Race Discrimination?

If you have been victimized by your employer, co-worker, supervisor, or business associate for your race, you will need to prepare before you file your claim of race discrimination in the workplace. Here are some tips to help you prepare for your case:

If you have not been fired or quit your job, do not quit. It will hurt your case is you voluntarily quit your job.
If your company has an HR department, file a claim with HR about your experience of racial discrimination.
Gather evidence. Document every incident of racial discrimination including the people involved, the incident, when the incident occurred, and any witnesses to the incident.
If your firm has a policy regarding how to report and handle race discrimination, follow it. Not following the company’s policy will hurt your claim.
Consult with a Miami racial discrimination attorney.

Verdicts & Settlements

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$4.9 Million Settlement

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$1.5 Million Settlement

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$2.78 Million Jury Verdict

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$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…

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

Contact Our Experienced Race Discrimination Attorneys in Miami Today for a Free Consultation

No one deserves to be fired, refused employment, denied a promotion, denied training or benefits, demoted, or harassed in the workplace because of his or her race.

If you are the victim of workplace race discrimination in Miami, the Derek Smith Law Group can help you get justice. Contact us today at (305) 946-1884 for your free consultation. We do not get paid until you win your case.

Types of Workplace Discrimination Cases We Handle in Miami:

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