State and federal law alike protect the rights of employees and prohibit discrimination and workplace. When employers flout these laws, workers can take them to court to win monetary damages and even reinstatement. There are many reasons that employers violate labor law, ranging from malicious discrimination to implicit bias or putting profit above people. Either way, a recent study by Lex Machina reveals that 9% of such lawsuits originate in Florida.
If you suspect that your employer has violated your rights, you need a skilled employment discrimination lawyer in your corner. At the law firm of Console & Associates, P.C., we’re dedicated to fighting for your rights and holding corporations accountable. Call at 866-778-5500 or fill out our online form to schedule a free consultation and find out more.
Florida’s three federal districts serve the entire population of roughly 21 million, about six percent of the US population. This is far out of proportion with the nine percent of employment lawsuits from Florida, which puts the state 50% above the natural average. Typical causes for an employment lawsuit in Florida include Title VII discrimination, hostile work environment claims, and retaliation.
The Civil Rights Act of 1964 prohibits discrimination in the workplace based on race, color, sex, and national origin. These regulations compose part of Title VII of the Civil Rights Act. When an employer refuses to hire someone due to their membership in a protected class, that constitutes a violation of Title VII.
That said, Title VII is not the only type of illegal employment discrimination. Future laws extended similar protections to age and pregnancy status. However, the law treats these separately because they aren’t part of the Title VII protections.
Title VII violations are among the most common employment cases in recent years. The Lex Machina study found 2,022 race discrimination filings and 2,005 sex/gender claims between 2020 and 2023.
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It’s possible for discriminatory employers to sidestep hiring discrimination by hiring members of protected classes and then engaging in abusive treatment of them. The law covers this loophole through HWE claims, which revolve around the doctrine that a hostile workplace is another form of illegal discrimination.
Technically, HWE claims are another type of Title VII violation. In practice, though, the cases are so different from standard employment discrimination that the law treats them differently. The burden of proof in a HWE case revolves around proving that a “reasonable person” would find a workplace hostile.
Many HWE claims center on general mistreatment based on race, sex, color, or national origin. However, sexual harassment and other more specific forms of employment abuse can fall under the umbrella.
Hostile work environment claims are almost as common as Title VII hiring discrimination. According to the Lex Machina study, 1,931 employees filed HWE claims between 2020 and 2023.
The power employers hold in the workplace mean they can punish employees for speaking out or pushing back against illegal behavior. However, this constitutes unlawful retaliation. Some protected behaviors that employers often retaliate over include:
Retaliation claims are by far the most common employment discrimination case. From 2020 through 2022, the Lex Machina study found more than 4,170 retaliation claims.
Employers have a legal obligation to respect their workers’ rights, but that doesn’t stop many from ignoring the law. Some large companies show up in employment lawsuits disproportionately often. The most chronically-sued employers include Walmart Inc., United Parcel Service (UPS), Amazon Services LLC, and Lowe’s Home Centers. Walmart alone saw close to 700 lawsuits from its employees from 2020 to 2022, as well as separate cases centering on discrimination against the disabled.
Large companies may feel that they can get away with abusing their employees, or that they have the most to gain from doing so. In truth, they have the most to lose when employees know their rights and stand up for themselves. If you’ve experienced Florida employment discrimination, lawyers are ready to help you bring your employer to court.
At the law firm of Console & Associates, P.C., we believe in fighting for your rights and getting you the monetary damages you deserve. If we don’t win your case, you won’t pay, and our charges will never be more than a fraction of your winnings. Call 866-778-5500 or fill out our online form to schedule a free consultation and take your first step toward justice.
