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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 that it can 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 any case alleging
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 (JEOC) at (904)
630-4911. The FCHR can be contacted in Tallahassee, FL at (850)
488-7082, or by contacting an employment discrimination
attorney.
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directed to the links for the above organizations.
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