Employment discrimination attorney Miami
There are many types of discriminatory practices that can happen at the workplace and they are generally related to the race, color, religion, sex, national origin, disability or age of the employee. However, several employment laws can protect workers from such discriminatory acts and from any choices your employer could make based on related stereotypes. You will also be protected from discrimination based on your husband or wife’s specific national origin, religion, race, or disability. Even when a job opportunity is denied your employment discrimination attorney Miami will be able to claim your employee rights.
Equal pay and wage discrimination
There are several laws that prohibit discrimination. These laws are enforced by U.S. Equal Employment Opportunity Commission. The 1963 Equal Pay Act (EPA) states that individuals of different gender, who perform the same tasks and work for the same employer, must be paid equally. Differences are allowed when other factors such as seniority, amount or quality of work are taken into account. Employers can’t pay unequal wages to men and women who:
- Perform tasks at work that require considerably equal skill, strength, and responsibility.
- Work in a similar environment and at the same location.
Wage discrimination based on the age, race and skin color, religion, disability, and national origins of the employee is also prohibited by Title VII, the ADA, and the ADEA. Employees who oppose employment practices that discriminate should not be retaliated against. This is a protected activity, even when claims are incorrect.
Discrimination based on pregnancy or any other medical condition is unlawful and protected by the Pregnancy Discrimination Act, which was amended to Title VII. This is for employers with 15 or more employees. Pregnant women should be treated with the same respect other employees are treated and employment should not be denied based on this condition. Other protections this Act offers include:
- Making sure pregnant women are allowed to work as long as they are capable of performing the required tasks.
- Employers should not have rules that prohibit pregnant women from returning to work after childbirth.
- If the individual has been absent form work due to her pregnancy and recovers, she should not be forced to remain on leave.
- Employers must hold the position the same amount of time it’s held for individuals with disability or sick leave.
Employees on maternity leave are entitled to the same benefits as employees who are temporarily disabled and they should not be retaliated against for opposing practices at work that may discriminate pregnant women.
Employees and applicants who are 40 years or older are protected by the 1967 Age Discrimination in Employment Act (ADEA). It’s unlawful to discriminate these individuals regarding any employment rights such as:
- Job assignments
Title VII of the Civil Rights Act protects employers from discrimination based on gender. Employers can’t treat employees or applicants wrong because of their gender. They can’t decline hiring an applicant based on a gender, impose more promotion requirements on individuals of a specific gender, or different work duties because of the employee’s gender.
Race/color and national origin Discrimination
Title VII protects employees, who work at a company with 15 or more employees, from any discrimination due to the individual’s race and color, any stereotypes or assumptions about the performance of some particular race. These individuals should not be denied employment due to:
- Racial group
- Marriage or association with a person of a specific race or color
- Physical features such as color, hair texture, facial features, etc.
Racial jokes or offensive comments, or any physical/verbal behavior based on the employee’s race or color is also prohibited under Title VII. Employees should report immediately this type of harassment.
Likewise, individuals from other nationalities must have the same employment opportunities as any other applicant or employee would. This type of discrimination involves employees who come from a specific place, have an explicit ethnic background, or are married to someone of another national origin. Fluency requirement is permitted. For example, when an English-only rule is implemented at work, employees need to abide by this rule since it’s considered a non-discriminatory reason.
Employees should not be fired based on their religious beliefs. They are protected by Title VII as well. They should be treated in the same manner other employees are treated. They should have equal employment opportunities as other individuals, and have the same work requirements as other employees. They should not be forced to be part of a religious activity as a requirement for employment. However, if accommodating the employee’s religious observances or practices will cost the company more, interferes with work safety, or conflicts with another law, the employer will show undue hardship.
Your initial consultation with a discrimination lawyer
Employers are subject to several federal and state laws that forbid employment-related discrimination against applicants and workers. If you have suffered any of the above mentioned types of discriminations at the workplace, or have been discriminated against for any of the above reasons when applying for a job, contact an employment discrimination attorney in Miami at (305) 261-7000 and schedule your initial consultation.