There are many forms of discrimination in the workplace. Discrimination can be proven in a variety of ways, including: direct evidence, circumstantial evidence, pattern or practice evidence or workplace policies that have a disparate impact on a particular group or class of individuals.
Different types of employment discrimination claims are viewed differently by courts. For example, an employee that feels that he or she was terminated from their job because of their disability has to prove several elements of their claim (Does the condition meet the definition of “disability” under the law? Can they perform the essential functions of their job with or without a reasonable accommodation?) in order to prevail. On the other hand, the burdens of proof in a claim under the Equal Pay Act are different than other forms of discrimination. The employment lawyers at Florin Gray Bouzas Owens are available to discuss your case with you, and can help you determine if you were a victim of employment discrimination.
Employment Discrimination Can include:
- Forced Resignation/Constructive Discharge
- Failure to Promote
- Pay Disparities (Equal Pay)
- Loss of Benefits
- Job Recruitment
- Refusing a Reasonable Accommodation for Disability
- Refusing a Reasonable Accommodation for Religion
- Dress Codes
Workplace Discrimination Definition
The essence of workplace discrimination is that one employee is treated less favorably than another employee.
This can include employment discrimination based on:
- national origin
- marital status
- genetic information
Ultimately, a jury will try and determine the motive or intent of the person or people that were allegedly discriminating against the worker. Generally, motive or intent is established through circumstantial evidence, which is why it is important to have a Tampa employment discrimination attorney evaluate your potential legal claim. Do you believe that your employer discriminated against you or took adverse employment actions against you due to a similar situation? If so, Our Tampa Work Discrimination Lawyers at Florin Gray Bouzas Owens are here to help.
Consult with Our Tampa Work Discrimination Lawyers
Florin Gray Bouzas Owens is dedicated to protecting Florida’s workers from disparate treatment in the workplace. If you believe that you are a victim of discrimination in the workplace, please contact our office for a free consultation or call us at 727-254-5255.
What Kind of Proof Do I Need to File a Discrimination Case?
To have a successful workplace discrimination claim, you will need certain types of evidence supporting your belief that an employer did not treat you fairly because of your race, gender, or other protected class. Proving discrimination takes presenting a case against your employer to prove the company more likely than not is guilty of the crime. It’s not enough to have a gut feeling; the courts will require hard evidence. The sooner you starting collecting evidence of discrimination, the stronger your case will be. The following is a partial list of proof you might be able to use against a defendant:
- Direct evidence such as a statement from your employer
- Memos, notes, or letters from your employer
- Verbal comments that point to discrimination
- Circumstantial evidence such as being part of a protected class and losing a job
- Evidence of someone treating you differently because of your class
- Witness statements regarding derogatory comments
- Evidence showing an employer’s bias or favoritism
- Violation of a company’s policies
It is rare to have direct evidence of workplace discrimination. Instead, most cases rely on circumstantial evidence. Many clients come to us with the fear that they won’t have a case if it’s just their words against their employers’. Even if you don’t have any hard evidence that you were the victim of discrimination, talk to our Tampa attorneys. We can hire expert investigators to look into your situation and help you find and collect any available evidence. Even if other lawyers have told you that you don’t have a viable claim, contact us. Our innovative attorneys may have a solution.
Can My Next Job Discriminate Against Me for Filing a Suit Against a Previous Employer?
As an employee who has already faced discrimination, whistleblowing, and retaliation, you might think your hardest times as an employee are over. Unfortunately, this may not be the case. Trying to find a different job after reporting a previous employer may prove difficult. Even though it’s technically illegal to discriminate against a job applicant for involvement in a lawsuit against a prior employer, companies may be guilty of this type of wrongdoing.
While there are rare exceptions to the rule, for the most part an employer cannot turn an applicant down just for collecting a settlement or judgment in the past. Yet an employee can find it difficult to explain the details of a past discrimination lawsuit to a new employer. If the new employer finds out about your legal history and then bases the decision not to hire you on this information, you could have an additional discrimination claim against the new employer. This, however, might not be the way you want to start a new job.
Do I Have to Disclose a Whistleblower Claim When Applying for a New Job?
No law exists on a federal or state level that makes it mandatory for job applicants to disclose a history of discrimination or other type of lawsuit to a new prospective employer. Know that if your discrimination case went to trial, however, this information is part of public record and could come up on a background check. If your case settled without going to trial, it is a closed record that may come with different rules. Discuss your particular claim with the Tampa attorneys at Florin Gray Bouzas Owens for more information.
“Mr Gray, Mr Florin, and their legal team were extremely supportive and sensitive to our family’s needs in our wrongful death case. Whenever I had any questions, they were quick to answer and guide me, still allowing our family to make decisions we were comfortable with. We appreciate all the help and guidance given to us, and would not hesitate to contact them again should we need their services.” – Laura G