Although an employer may terminate the employment of an employee at any time, for any reason, the employer may not discriminate in the process of the termination. There are only several protected classes of people, however, that may not be discriminated against in the termination of their employment. In order to bring a claim against your employer for discrimination you must prove that the primary reason you were terminated was because of your race, age, gender, religion, nationality or disability. In Florida, there are two additional classifications that are protected, HIV and marital status.

REPORTING REQUIREMENTS:

The most recent law on the issue of reporting discrimination states that if there is a policy of the company that is known to you regarding what action should be taken by an employee who feels they are the victim of discrimination, then that employee is required to report the offending conduct to the employer's representative. It is a good practice to report discrimination to the human resources office.

Regardless of whether a policy exists or not, it is the best course of action to report the offending behavior to your supervisor, and the human resources office. This prevents the employer from later taking the position that you have no claim because you didn't report the offending conduct. The report should be made verbally at once, and followed by a written report. The written report should be sent, certified mail/return-return receipt requested, to the supervisor to whom you are making the complaint, as well as the human resources department of the company.

The reason for the report is simple. The company in many situations will not be held responsible for offending conduct unless the company knew or should have known about the conduct. The written report, and proof that the company received the report, will prevent the company from defending the claim by stating that it had no knowledge of the offending conduct. Of course, if the person doing the discrimination is the owner of the company, or a high level manager or director, then the report may be over kill, but it is better to be safe than sorry.

THINGS TO DO:

There are certain things that you should be doing if you believe you are being discriminated against. By following these simple guidelines, your case will be easier to handle from a legal standpoint.

Keep a diary of all events that occur. This diary should not be kept at work. Each night when you return home, write down everything that happened that day. This diary will be invaluable throughout the course of bringing your claim as you will be able to refer to it to refresh your memory. Moreover, it will be a contemporaneous record of the events that happened.

If you believe that you are being effected emotionally or mentally by the discrimination, you should consult a psychologist or psychiatrist. In consulting a health care provider you will be obtaining assistance in coping with the discrimination, and you will also be adding to the documentation of your claims prior to bringing such a claim. Don't wait for your lawyer to tell you to seek help.

Finally, the single most important thing you can do during the time leading up to bringing a claim is to be the best employee you can be. Don't give your employer any reason upon which to hang its hat to terminate you. REMEMBER: The employer need only articulate a legitimate business reason for its conduct against you. If you come to work late, perform your job below the level required or otherwise become a less attractive employee, you will be giving your employer ammunition to use against you.

In most cases involving discrimination, a charge of discrimination must be filed with the appropriate administrative agency at the state and/or federal level. The best way to approach an employment discrimination case in Florida is to file a charge of discrimination with both the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR), the state agency in Florida.

The reason for this is simple. State and Federal Law, although almost identical, is different in one very major way; the money available as damages for lost wages and emotional related injuries is far greater under current Florida law then the federal law provides under Title VII, ADA, ADEA or any other law which gets its basis from the Civil Rights Act of 1991 or the Rehabilitation Act of 1973.

You can file a discrimination charge by either contacting the local EEOC office, or its local equivalent. In Jacksonville, Florida, you should contact the Jacksonville Equal Opportunity Commission (JHRC) at (904) 630-4911. The FCHR can be contacted in Tallahassee, FL at (850) 488-7082, or by contacting an employment discrimination attorney.

Click here to be directed to the links for the above organizations.

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