Understanding Workplace Discrimination: Your Rights Explained | Working For Workers

What is Workplace Discrimination, And How Is It Defined In Florida?

Florida is an at-will employment state, meaning that, in most cases, employees can be hired or fired for any reason or even no reason at all. This includes reasons that may be mistaken or unfair, as long as they are not illegally discriminatory.

The law in Florida only prohibits firing someone for specific, unlawful reasons. Many of these reasons are tied to class-based protections, such as:

• Race
• Religion
• Gender
• Ethnicity
• And other similar categories

In addition to these broad protections, there are more specific prohibitions under Florida law. For example, employers are not allowed to discriminate against employees for:

• Filing workplace injury or accident claims.
• Objecting to or refusing to participate in actions that violate laws, rules, or regulations applicable to the business.
• Complaining about irregularities in pay or unlawful practices involving payment.

Florida also has unique protections beyond federal laws that apply nationwide. For instance:

• Workers’ compensation is governed by state law, ensuring Florida employees are protected when they file claims for workplace injuries.
• Employees are protected if they respond to lawful subpoenas to testify or participate in another employee’s discrimination claim. For example, if an employee alleges workplace discrimination and coworkers testify on their behalf, their employer cannot retaliate against those coworkers. These protections help prevent retaliation and promote accountability.
• Age discrimination laws in Florida are broader than federal protections. While federal law only protects employees aged 40 or older from age discrimination, Florida extends protection to employees of all ages.

Attorney Matthew Romanik is a beloved Daytona Beach workplace discrimination lawyer who has helped countless clients deal with instances of workplace discrimination and other employment law considerations. He has 29 years of practice making sure employers do not mistreat or trample on the rights of their workers and employees, and he knows exactly how to win cases against them.

Have you experienced workplace discrimination or retaliation? Contact Matt Romanik today to schedule an initial consultation.

These are just a few examples of the additional safeguards Florida offers its workers, many of which are not found in other states. However, the full list of state and federal protections is extensive—it could fill a book of its own.

Determining whether a specific act of workplace discrimination violates these laws often requires a detailed examination of the facts. That’s where working with a lawyer becomes invaluable. As legal professionals, we understand the complex web of state and federal laws that too many employers and even fewer employees fully grasp.

Your role is to provide the knowledge and evidence of your workplace and circumstances. My role is to bring a deep understanding of Florida’s legal framework. Together, we can determine whether the discrimination you experienced is actionable under the law.

Recognizing When You Are Being Discriminated Against At Work – The Difference Between Unfair Treatment And Discrimination

Unfair treatment happens in the workplace—it’s an unfortunate reality. Employees may be fired, passed over for promotions, or treated poorly without every incident amounting to discrimination. The key question in determining whether discrimination occurred is this: Why do you believe you were treated adversely?

If your answer involves unfairness, favoritism, or a boss simply disliking you, that’s likely not actionable under the law in an at-will state like Florida. The distinction between unfair and illegal treatment lies in the motivation behind the adverse action. For workplace treatment to qualify as discrimination, the underlying reason must involve something specifically prohibited by law.

Take the example of the four hotel employees who were let go not because of a general dislike or favoritism, but because they had outstanding workplace injury claims a protected status under the law. This illegal motivation transformed their situation from unfair to discriminatory, making it actionable.

Recognizing this critical difference is the first step in understanding your rights and determining the best course of action.

Preferential Treatment For Specific Groups Can Also Count As Discrimination

In Florida, workplace discrimination can be proven in two ways: through direct evidence or by comparison. While direct evidence such as a supervisor openly admitting discriminatory intent is rare (most employers know better than to be that transparent), the law allows employees to build a case using comparison evidence.

Comparison evidence involves demonstrating that certain groups are consistently treated more favorably than others based on traits protected by law. For instance, imagine you are frequently reprimanded for minor time discrepancies, while coworkers of the same ethnicity as your supervisor engage in worse behavior without any repercussions. This difference in treatment suggests that one group is being unfairly favored over another based on race a trait protected by anti-discrimination laws.

This kind of evidence can indicate illegal discrimination in the workplace. However, it’s important to note that discrimination alone doesn’t always entitle you to damages or compensation. To qualify, you must also show that you suffered harm as a result of the discriminatory treatment.

Still Have Questions? Ready To Get Started?

For more information on Workplace Discrimination Law In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.