What are some common workplace discrimination claims that can arise in Florida and what legal recourse do employees have?

As a lawyer, I can advise that workplace discrimination claims can occur in various forms and under different contexts. Some common types of discrimination claims that can arise in Florida include discrimination based on race, gender, age, religion, national origin, disability, and pregnancy. In the state of Florida, it is illegal for employers to discriminate against employees or job applicants on any of these grounds.

When employees face workplace discrimination, they have legal recourse available to them. Firstly, they can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates complaints of employment discrimination based on federal law and may provide remedies for employees, such as compensatory damages, back pay, or reinstatement. Employees generally have 180 days to file a complaint with the EEOC after the alleged discrimination took place.

Additionally, Florida employees may also bring a lawsuit in state court for discrimination. However, before doing so, it is important to determine whether the employer is covered by any anti-discrimination law, the statute of limitations for the particular claim, and whether they need to file an administrative claim with the EEOC or the Florida Commission on Human Relations (FCHR) before filing a lawsuit.

It is important to note that certain limitations or exceptions may apply in these cases, such as if the employee cannot prove that the discriminatory conduct occurred or if the employer can demonstrate that there was a legitimate, non-discriminatory reason for the conduct. Additionally, Florida is an "at-will" employment state, meaning that an employee can generally be terminated for any reason, so long as it is not discriminatory. However, even in at-will employment states, employers cannot take retaliatory actions against employees who engage in protected activities, such as filing discrimination complaints.

In order to pursue these claims, it is generally advisable for employees to first consult with an experienced employment discrimination attorney, who can advise them about the relevant laws, identify the appropriate legal action, and guide them through the legal process.

In conclusion, workplace discrimination can take many forms, and employees in Florida have legal options available to them if they experience discrimination in the workplace. They may file a complaint with the EEOC and/or the FCHR, or pursue a lawsuit against their employer, and should consult with an attorney to determine the best course of action based on the specific circumstances of their case.