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Home » Consumer Information » Employment

Understanding Discrimination

Discriminated

If you think you are a victim of discrimination, file a complaint with the Florida Equal Employment Opportunity Commission. You will need to take the following questions into consideration if you believe you have been discriminated against:

What actions do I take if I believe I have been discriminated against?

If you are under the impression that you are a victim of discrimination due to race, sex, national origin, religion, disability, or age, you have the opportunity to report a charge with the Florida Commission on Human Relations at (850) 488-7082. This must be done within one year of your employer’s discriminatory actions so that you remain eligible to preserve your rights under federal and state Equal Employment Opportunity Laws. If you fail to file a report within that time, you will forfeit your right to do so.

How do I respond to harassment in the workplace?

If you feel you are being harassed, do some research to determine whether your place of employment has a harassment policy in place. If there is, you must follow the directions exactly as they are outlined in the policy. If your employer does not have a policy in place or does not provide assistance in resolving the problem, consult the Florida Commission on Human Relations or the Equal Employment Opportunity Commission.

What constitutes overtime?

According to the Fair Labor Standards Act, an employee deserves overtime pay for each hour worked above 40 over the course of a week unless otherwise stated in their contract. Exemption from overtime normally requires that you are an executive, managerial, professional, or outside sales employee.

Can I receive unemployment if I am fired?

Employees are usually eligible to receive unemployment compensation as long as they have not voluntarily quit on their own terms or been terminated or suspended for violating company code. This includes any form of misconduct within the workplace such as arriving to work drunk, lack of attendance, noncompliance, and theft. Below average performance or substandard conduct does not necessarily indicate misconduct.

Does the law protect disabled workers?

Under the Americans of Disabilities Act (ADA), employees working for a company of at least 15 people and disabled individuals are protected. According to ADA, a disability is a physical or mental impairment that impedes at least one major life activity. ADA also states that in order to qualify as disabled, an individual must have a medical history showing record of the impairment, or the employer must recognize the impairment. Conditions like AIDS, heart disease, cerebral palsy, epilepsy, multiple sclerosis, and diabetes could all be defined as disabilities.

If I file a workers’ comp claim and then lose my job, will I be covered?

An employer cannot terminate you for filing a workers’ compensation claim because you are entitled to this right as an employee. The same goes for filing a discrimination or harassment complaint.

Am I allowed to access my personnel file?

Probably not. If you are employed by a non-state or local agency, which fall under private employer, you must be granted permission by the employer before you can view or make a copy of your file.

Can I take Family Medical Leave if I or a family member becomes ill?

If you have been employed for a minimum of 12 months, worked at least 1,250 hours during that time, and your employer is located within 75 miles of at least 50 employees, you are qualified to take as many as 12 weeks of unpaid absence. Situations that call for such an extended leave may be childbirth, placement of a child in foster care, taking care of an immediate family member with a serious illness, or addressing a personal health condition.

If I am let go and sign a release for severance pay, can I still sue my employer?

It depends on the terms of the contract, but if you sign a release when you lose your job in exchange for a severance check, you could surrender any rights you have to take action against your former employer. However, if you are over 40, any signed release has to contain specific clauses in order to be valid.

What happens if my work environment is unsafe?

In compliance with the Occupational Safety and Health Act of 1970 (OSHA), employers are asked to provide a job site free of safety and health perils and abide by the rules laid down by the Occupational Safety and Health Administration. If you believe your work surroundings are dangerous, report the problem to the Occupational Safety and Health Administration.