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Fort Myers Estate Planning & Probate Lawyer > Fort Myers Employment Discrimination Lawyer

Fort Myers Employment Discrimination Lawyer

No workplace is completely free of interpersonal conflict. But when it comes to critical decisions affecting your employment, the law protects you from demotion, firing, or retaliation based on certain personal characteristics. These employment discrimination laws allow you to seek monetary damages against any employer who treats you unfairly based on a protected characteristic.

At the Kuhn Law Firm, our Fort Myers employment discrimination lawyers can help you investigate and pursue acts of workplace discrimination. While the law offers broad protections for workers, there are a number of procedural hurdles that must be cleared before someone can actually file a lawsuit. We can guide you through this process to ensure your discrimination complaint receives a full and free hearing.

What Kinds of Discrimination Are Illegal?

There are multiple laws that prohibit different types of illegal employment discrimination. The most common laws include:

  • Title VII of the Civil Rights Act of 1964, which prohibit discrimination nationwide based on a person’s sex, race, color, national origin, or religion.
  • The Age Discrimination in Employment Act of 1967, which prohibits discrimination on the basis of age against anyone who is at least 40 years old.
  • The Americans with Disabilities Act of 1990, which protects employees with a medically documented physical or mental disability.
  • The Genetic Information Nondiscrimination Act of 2008, which prohibits employers from discriminating on the basis of an employee or job applicant’s “genetic information,” such as a family medical history.
  • The Equal Pay Act of 1963, which requires employers to pay men and women the same wage for “substantially equal work.”

Florida law also prohibits most of the forms of discrimination listed above. Additionally, the state also bans discrimination on the basis of marital status and AIDS or HIV status. However, there is no statewide law prohibiting discrimination on the basis of sexual orientation or gender identity, although some Florida cities and counties may have local laws covering these individuals. There may also be situations where discrimination on the basis of orientation or identity is covered by the broader federal and statewide bans on sex discrimination. As always, you should consult with a qualified Fort Myers employment discrimination lawyer if you have any questions on this or any related subject.

Taking Action Against a Discriminatory Employer

Employment discrimination covers a wide variety of actions, such as hiring and firing, promotions, job classifications, pay and benefits, and training opportunities. The law also protects you from retaliation if you complain about discriminatory acts. This means you cannot be fired for going to your supervisor and expressing objections to potentially discriminatory acts.

You also cannot be disciplined or fired if you choose to take legal action. Typically, you must first present a discrimination complaint to the U.S. Equal Employment Opportunity Commission or the Florida Commission on Human Relations, which will investigate your allegations and try to reach a negotiated settlement. If that is not possible, you will be given permission to file a formal lawsuit.

Under employment discrimination laws like Title VII, you may be entitled to damages such as reinstatement to your job or former position, back pay and compensation for additional financial losses, and payment of your legal fees and court costs. In many cases, the EEOC or the courts may also obtain “injunctive relief” ordering an employer to amend or strengthen its anti-discrimination policies.

You should never feel that you have no choice but to accept a discriminatory employment decision. If you live in Lee, Collier, or Charlotte counties, call the Kuhn Law Firm, P.A., at 239-333-4529 if you need legal advice today.

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