Tampa Discrimination Attorneys
Our discrimination attorneys in Tampa, Florida, advocate for employees facing workplace bias, retaliation, or harassment under federal and state civil rights laws.
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Cantrell Schuette, P.A. stands out as a top-tier Tampa firm that predominantly advocates for employees, rather than employers, in cases of employment discrimination. Our unique emphasis on employees provides us with a distinct advantage over numerous employment attorneys when representing individuals facing employment discrimination claims. Unlike other legal practitioners who must navigate the competing loyalties of both employees and employers, our dedicated team is resolutely focused on delivering unwavering advocacy for employees.
What are the different types of employment discrimination in Tampa, Florida?
Employment discrimination is a deeply ingrained issue that manifests in various forms, impacting individuals based on their gender, race, age, disability, and other protected characteristics. In Tampa, Florida, these forms of discrimination remain pervasive, prompting legal action to rectify injustices and ensure equal treatment for all employees. The following are prevalent types of employment discrimination faced by individuals and the legal responses designed to combat them.
Race and Ethnicity Discrimination
Race and Ethnicity Discrimination
Tampa’s diverse population highlights the frequency of race and ethnicity-based discrimination in the workplace, where employees face unequal treatment due to their racial or ethnic background, such as:
- Hiring Bias: Discrimination during the hiring process can lead to qualified candidates being overlooked due to their racial or ethnic background.
- Hostile Work Environment: Racial slurs, derogatory comments, and racial stereotypes contribute to a hostile work environment that negatively impacts employees’ mental and emotional well-being.
- Unequal Opportunities: Minority employees may be denied promotions, training, or opportunities that are readily available to their non-minority counterparts.
- Retaliation for Speaking Up: Employees who report instances of racial discrimination might face retaliation, further compounding the challenges they encounter.
More information about race discrimination and how we can help is available here.
Gender Discrimination
Gender Discrimination
Gender-based discrimination continues to be a significant challenge in Tampa’s workforce, highlighting deeply ingrained gender biases that affect women’s opportunities and treatment, including:
- Wage Disparities: Despite progress, wage disparities persist between genders. Women often earn less than their male counterparts for comparable work, contributing to the gender pay gap.
- Glass Ceiling: Women face barriers in ascending to leadership roles and managerial positions. Gender bias can impede their career growth and limit access to promotions and opportunities.
- Pregnancy Discrimination: Pregnant employees may encounter discrimination in the form of reduced responsibilities, unfavorable treatment, or even termination due to pregnancy-related issues.
- Sexual Harassment: Women frequently experience workplace harassment, which can include unwelcome advances, comments, or behaviors that create a hostile work environment.
Age Discrimination
Age Discrimination
As the workforce ages, age discrimination cases become more pronounced, with older employees facing biased treatment due to their age. Key issues include:
- Unfavorable Hiring Practices: Employers may prefer younger candidates, believing they are more adaptable or technologically savvy, resulting in older applicants being overlooked.
- Lack of Advancement: Older employees might find it difficult to secure promotions or career advancement, facing stereotypical assumptions about their abilities and potential.
- Termination and Forced Retirement: Some older employees are subjected to forced retirement or termination based on age-related stereotypes.
- Ageist Harassment: Ageist comments, jokes, or derogatory language can create a hostile work environment for older employees.
Disability Discrimination
Disability Discrimination
Despite legal protections under the Americans with Disabilities Act (ADA), individuals with disabilities in Tampa continue to experience discrimination in the workplace. Common challenges include:
- Inadequate Accommodations: Employers might fail to provide reasonable accommodations, hindering disabled employees’ ability to perform their job effectively.
- Negative Stereotypes: Preconceived notions about disabilities can lead to assumptions about an employee’s capabilities, limiting their opportunities.
- Hiring Barriers: Some employers may be hesitant to hire individuals with disabilities, assuming they won’t meet job requirements or contribute effectively to the team.
- Harassment and Bullying: Disabled employees may face harassment or bullying based on their disabilities, creating a toxic work environment.
More information about disability discrimination and how we can help is available here.
Sexual Orientation and Gender Identity Discrimination
Sexual Orientation and Gender Identity Discrimination
While Florida state law doesn’t explicitly protect sexual orientation and gender identity, Federal laws and some local ordinances offer limited safeguards to LGBTQ+ employees. Unfortunately, LGBTQ+ employees still face challenges such as:
- Non-Inclusive Policies: Employers may lack inclusive policies for LGBTQ+ employees, leading to unequal treatment and lack of support.
- Discriminatory Practices: Individuals may face discrimination in hiring, promotions, or treatment due to their sexual orientation or gender identity.
- Hostile Work Environment: Homophobic or transphobic comments, behaviors, or jokes can create a hostile work environment for LGBTQ+ employees.
- Lack of Legal Recourse: Due to the absence of comprehensive legal protections, LGBTQ+ employees often face difficulties in pursuing legal action against discrimination.
More information about sexual orientation and gender identity based discrimination is available here.
Legal Guidance
Addressing these various forms of employment discrimination requires a multifaceted approach involving legal action, awareness campaigns, and changes in workplace culture. Cantrell Schuette, P.A. plays a crucial role in advocating for victims of discrimination and driving change within the Tampa workforce. For a free consultation with one of our Tampa discrimination attorneys your discrimination case, contact us at (813) 705-6275 or coordinator@lawcantrell.com.
How does Title VII of the Civil Rights Act protect against employment discrimination in Tampa, Florida?
Title VII of the Civil Rights Act of 1964 is a landmark federal law that prohibits employment discrimination based on protected categories, such as race, color, religion, sex, or national origin. Its primary objective is to ensure equal employment opportunities for all individuals, and it applies to employers with 15 or more employees, labor unions, and employment agencies. While the law itself is federal, its applications and enforcement occur at both federal and state levels.
Key Title VII Protections
Title VII comprises several essential provisions that shape the landscape of employment discrimination law in the United States, including Tampa. These include:
- Prohibition of Discrimination: Title VII prohibits employers from discriminating against employees or job applicants on the basis of their race, color, religion, sex, or national origin in all aspects of employment, including hiring, firing, promotions, wages, and other conditions of employment.
- Retaliation Protection: The law safeguards individuals who engage in protected activities, such as filing complaints or participating in investigations related to employment discrimination, from any form of retaliation by their employers.
- Reasonable Accommodation: Employers are required to provide reasonable accommodations for employees’ religious beliefs and practices, unless doing so would cause an undue hardship on the business.
- Disparate Impact and Treatment: Title VII addresses both disparate impact and disparate treatment cases. Disparate impact refers to practices that are neutral on the surface but disproportionately affect protected groups, while disparate treatment involves intentional discrimination against a particular group.
- Sexual Harassment: Title VII covers sexual harassment, including unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that create a hostile work environment.
Contact Our Team
Title VII of the Civil Rights Act is a powerful tool that promotes fairness, equality, and respect in the workplace. In Tampa, Florida, its application is crucial in maintaining a diverse and harmonious work environment. Cantrell Schuette, P.A. stands ready to guide clients through the complexities of employment discrimination cases, ensuring that their rights are protected under the law. Contact us today to learn more about how we can assist you in matters related to Title VII and employment discrimination in Tampa. You can reach us at (813) 705-6275 or coordinator@lawcantrell.com.
How does the Florida Civil Rights Act protect individuals from employment discrimination in Tampa, Florida?
The Florida Civil Rights Act (FCRA) is a pivotal piece of Florida law that aims to prohibit discrimination in various areas, including employment, housing, and public accommodations, based on protected characteristics. Enacted in 1992, the FCRA was designed to mirror key aspects of the federal Civil Rights Act of 1964, adding a layer of protection at the state level. Similar to its federal counterpart, the FCRA safeguards against discrimination on the basis of several protected characteristics, including but not limited to:
Protected Characteristics Under the FCRA
- Race and Color: Discrimination based on race or skin color is strictly prohibited. This encompasses all races and ethnicities.
- Religion: Employers are prohibited from discriminating against individuals due to their religious beliefs or practices.
- Sex: Gender-based discrimination, including unequal treatment due to being male or female is illegal.
- Pregnancy: It is unlawful for an employer to discriminate against someone because they are pregnant.
- National Origin: Discrimination based on a person’s country of origin, ancestry, or language is unlawful.
- Age: Discrimination against employees based on their age is prohibited. Unlike its federal counter parts, the FCRA applies to employees under 40 years of age.
- Disability: The FCRA mandates that employers make reasonable accommodations for employees with disabilities and prevents discrimination based on physical or mental impairments.
- Marital Status: The FCRA prohibits an employer from discrimination based solely on a person’s marital status. In other words, it protects you against discrimination on the basis of your current state of being married, divorced, separated, or single.
Prohibited Employment Actions
The FCRA establishes clear boundaries for prohibited actions within the sphere of employment. Firstly, employers are explicitly forbidden from making hiring or promotion choices on the basis of protected characteristics; decisions must hinge solely on qualifications and accomplishments. Secondly, any creation of a hostile work environment through unwelcome remarks, offensive behaviors, or slurs is deemed a violation of the Act. Employers are likewise barred from retaliating against employees who stand up for their FCRA rights or participate in investigations related to discrimination. Lastly, the FCRA mandates that employees must be remunerated equally for equivalent tasks, irrespective of safeguarded attributes like gender or race.
Filing a Complaint & Legal Help
Individuals who believe they have experienced employment discrimination in Tampa under the FCRA have the right to file a complaint with the Florida Commission on Human Relations (FCHR). It is essential to adhere to specific timelines and procedures when filing a complaint, and seeking legal counsel is advisable to navigate the process effectively.
For individuals who believe they have been subjected to employment discrimination or for employers seeking guidance on compliance with the FCRA, seeking legal consultation is paramount. Cantrell Schuette, P.A. specializes in employment law and discrimination cases, offering expert advice and representation to clients in Tampa and beyond. Contact our team today for a free initial consultation at (813) 705-6275 or coordinator@lawcantrell.com.
What does the Florida Equal Pay Law protect?
In the quest for fair and equitable workplaces, the state of Florida has taken a significant step forward with the enactment of the Florida Equal Pay Law. This legislation aims to bridge the wage gap and counter employment discrimination, ensuring that all individuals are compensated fairly for their contributions regardless of gender, race, or other protected characteristics. For employers and employees in Tampa, Florida, understanding the intricacies of this law is essential to promoting diversity, inclusion, and fairness in the workplace.
Equal Pay Protections
The Florida Equal Pay Law is grounded in the principle that employees should receive equal pay for equal work, regardless of their gender, race, ethnicity, or other protected characteristics. The law prohibits employers from paying employees of different sexes or races differently for performing substantially similar work under similar conditions. This applies to both wage and salary compensation, as well as other benefits and forms of compensation. It’s important to note that while the law allows for pay differences based on factors such as merit, seniority, quantity or quality of production, or a bona fide job-related factor, these differences must be transparently justified and not perpetuate wage disparities.
Employer Obligations & Remedies
The Florida Equal Pay Law encompasses several key provisions aimed at ensuring equitable compensation practices within the workplace. First, the statute mandates that employers must offer the same remuneration to employees engaged in substantially similar tasks, irrespective of gender, race, or other safeguarded attributes. Additionally, companies are obligated to uphold transparency in their compensation methodologies, substantiating any wage disparities with clear rationales grounded in factors like performance, tenure, and output. Employers must maintain meticulous records of salary details, job classifications, and other pertinent employment information to validate their adherence to the law’s provisions.
The law provides legal recourse for individuals who believe they have faced wage discrimination, granting them the ability to initiate legal proceedings against their employers. Potential remedies encompass retroactive pay, compensatory damages, and court orders to rectify the discriminatory practices.
Speak With an Attorney
It’s important to consult with an employment attorney who specializes in this area to get personalized advice based on your specific situation. The experienced discrimination attorneys at Cantrell Schuette, P.A. are here to help. Contact us today for a free initial consultation at (813) 705-6275 or coordinator@lawcantrell.com.
Are there local ordinances that protect employees from discrimination in Tampa, Florida?
Yes. There are city and county ordinances in Tampa, Florida that protect employees from discrimination based on protected characteristics.
City of Tampa Human Rights Ordinance
City of Tampa Human Rights Ordinance
The City of Tampa Human Rights Ordinance is a local law designed to safeguard the rights and dignity of all individuals living and working in Tampa. Enacted to promote fairness, equality, and inclusivity, this ordinance prohibits discrimination on various grounds, including but not limited to race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, marital status, and familial status.
One of the crucial aspects of the ordinance is its application to employment discrimination. It ensures that employees are treated fairly and equally regardless of their characteristics or personal attributes. The ordinance prohibits discriminatory practices at all stages of employment, from hiring and promotion to termination and benefits.
The City of Tampa Human Rights Ordinance empowers individuals who have faced employment discrimination to seek justice and remedies. Those who believe they have been discriminated against can file a complaint with the City of Tampa’s Human Rights Office. The Office will investigate the complaint and take appropriate actions to rectify the situation, which may include compensation for damages, reinstatement, or policy changes within the organization.
Hillsborough Human Rights Ordinance
Hillsborough Human Rights Ordinance
The Hillsborough County Human Rights Ordinance (HCHRO) is designed to protect the rights and dignity of all individuals, irrespective of their race, color, religion, sex, gender identity, national origin, age, disability, familial status, or sexual orientation. Enacted to foster equality and inclusivity, the HCHRO establishes essential protections against various forms of discrimination in areas such as housing, public accommodations, and notably, employment. Namely, it ensures that employers in Tampa cannot make decisions regarding hiring, firing, promotions, or benefits based on these factors.
In case an employee believes their rights under the HCHRO have been violated, they have the option to file a complaint with the Hillsborough County Office of Human Rights. This process involves investigation and resolution, aimed at achieving justice and holding violators accountable. However, for legal guidance and representation throughout this process, employees can seek the assistance of legal experts at Cantrell Schuette, P.A.
Contact Our Team
For personalized legal advice or assistance, please don’t hesitate to reach out to Cantrell Schuette, P.A., where our experienced legal team is dedicated to upholding your rights and advocating for justice. Contact us at (813) 705-6275 or coordinator@lawcantrell.com for a free consultation.
What Our Clients Say
About Cantrell Schuette - Tampa Discrimination Law Firm
Federal laws like the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act, along with the Florida Civil Rights Act, form the basis for addressing discrimination in the workplace. We guide clients through the complex legal process, from filing complaints with agencies like the Equal Employment Opportunity Commission (EEOC) and Florida Commission on Human Relations (FCHR) to potential litigation or mediation. Our attorneys remain committed to advocating for equality and justice in the workplace, striving for an environment where every individual is treated fairly, and discrimination is challenged effectively.
Speak With an Experienced Attorney Today
Cantrell Schuette, P.A. has extensive experience representing employees and progressive companies in employment discrimination and provides guidance on legal compliance. For a free consultation with our Tampa legal team, contact us at (813) 705-6275 or email us at coordinator@lawcantrell.com.
Frequently Asked Questions
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What constitutes a hostile work environment in Florida?
The U.S. Supreme Court has long held that workplace sexual harassment is a form of unlawful discrimination under Title VII of the Civil Rights Act. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) .
In order to establish a claim for sexual harassment, a plaintiff must establish that: (i) the harassment occurred because of his or her sex; and (ii) the harassment was sufficiently severe or pervasive and created an abusive working environment.
According to the U.S. Supreme Court, harassment is sufficiently severe or pervasive when it is “so offensive as to alter the conditions of the victim’s employment.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81 (1998) .
This standard is obviously vague. In applying the standard, federal courts have articulated several factors to consider. Although these factors vary slightly among courts, most consider:
- The frequency of the conduct.
- The severity of the conduct.
- Whether the conduct is physically threatening or humiliating, or a mere offensive utterance.
- Whether the conduct unreasonably interferes with the employee’s job performance.
To illustrate, courts generally agree that a kiss on the lips by a supervisor can be sufficient to establish a sexual harassment claim. Although this may be an isolated incident, courts also typically acknowledge that there are few actions more offensive than an unwanted kiss by a supervisor. Additionally, any unwanted touching by a supervisor that is sexual in nature is not only a possible sexual harassment claim but may also constitute an unlawful sexual assault.
On the other hand, courts generally hold that a small handful of sexually related comments, even if directed towards the employee, are generally not sufficient to establish a sexual harassment claim. For example, in Scott v. Pizza Hut of American. Inc., 92 F. Supp. 2d 1320 (M.D. Fla. 2000) a Florida federal court held that a female pizza driver in Tampa was subject to sexual harassment when co-workers implied she was a prostitute or needed to “go out and get some sex”, because the conduct was not physically threatening or sufficiently humiliating, and conduct did not unreasonably interfere with her job performance.
The following is a non-exhaustive list of actions that are unacceptable in the workplace and may constitute unlawful sexual harassment or unlawful sexual assault under certain circumstances:
- Unprompted comments or questions that are sexual in nature
- Sex jokes
- Unwanted physical contact of a sexual nature (e.g., kisses, hugs, butt or genital touching, rape)
- Pressing parts of one’s body against another in any sexual way
- Repeatedly asking someone else
- Repeated compliments on someone’s looks
- Asking for sexual favors
- Inappropriate communications after work hours
- Repeatedly asking someone out on a date
- Surprise dates under the pretense of a “work meeting”
- Suggestive text messages or emails
- Unwanted or inappropriate gifts of a romantic nature
If you believe you are a victim of workplace sexual harassment in Tampa or Hillsborough County, Florida, contact us immediately at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
What to do if you are sexually harassed at work?
If you have experienced sexual harassment at work, inform your employer and as appropriate, your supervisor(s) and HR. Ideally, verbal complaints should also be memorialized in a follow-up written complaint.
If the unwanted conduct does not cease, or if the conduct was so severe that you feel an attorney is needed, contact Cantrell Schuette, P.A. and speak with one of our Tampa employment lawyers. Initial consultations are free. Call today at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
Can you sue your employer for sexual harassment by a co-worker or third-party (such as a customer or contractor)?
Yes. A claim for sexual harassment under Title VII of the Civil Rights Act is not limited to only harassment by supervisors or business owners. Employers can also be held liable for harassment by non-management, including co-workers and even third parties such as customers and contractors.
The legal test for whether a company can be liable for sexual harassment by someone who is not in management includes two questions: First, did the company know or the company should have known about the sexual harassment? Secondly, if so, did the employer then take immediate and appropriate corrective action?
Tampa employers have a legal obligation to stop workplace sexual harassment that they know about or should have reasonably known about and can be held liable if they do not fulfill this obligation.
What if you quit your job after sexual harassment?
An individual can sue their employer for sexual harassment even if the individual quit their job under the concept of constructive discharge. In establishing constructive discharge, an individual must demonstrate that the workplace conditions were so unacceptable that a reasonable person would also feel compelled to resign.
How does the EEOC and FCRA processes work for sexual harassment claims?
Individuals who want to file a workplace sexual harassment lawsuit are required by law to first file a complaint (a “Charge of Discrimination”) and complete the EEOC review process under Title VII of the Civil Rights Act. We strongly recommend that individuals retain an employment attorney to assist them in the EEOC process and ensure that all the appropriate information is provided and that all appropriate claims are asserted. In Florida, may also file a claim with the Florida Commission on Human Relations under the FCRA.
Depending on the circumstances, there will be either a 180-day or 300-day statute of limitations on filing a complaint with the EEOC. This means you will have 180 days or 300 days from the date the harassment occurred to file a claim with the EEOC. Under Florida law, you will have 365 days from the date the harassment occurred to file a claim under the FCRA with the Florida Commission on Human Relations. Similarly, to the EEOC, this requires an administrative process prior to filing a lawsuit.
After a complaint is filed, the EEOC will notify the employer and provide the employer 10 days to respond to the complaint.
An EEOC investigator will conduct an investigation into the harassment and will then make a finding on the merits of the sexual harassment claim. One of two potential results is possible:
- If the EEOC states that they are unable to conclude that there is reasonable cause to believe that unlawful sexual harassment occurred, the complaining party and employer will be issued a notice called a Dismissal and Notice of Rights. This notice informs the complaining party that he or she has the right to file a lawsuit in federal court within 90 days.
- If the EEOC states that based on their investigation, there is reasonable cause to believe unlawful sexual harassment occurred, the EEOC will issue a Letter of Determination stating their conclusion and inviting the parties to join the EEOC in resolving the complaint through an informal process known as conciliation.
If a lawsuit is filed, it can often take one to two years to complete the entire lawsuit process, which may include a trial. Formal mediation also typically happens after a lawsuit is filed, providing the parties with another opportunity to resolve the dispute. Most claims of sexual harassment are resolved before trial. However, if an employer is unwilling to provide fair compensation, then a trial may be the best option to pursue.
The employment lawyers at Cantrell Schuette, P.A. have substantial experience with the EEOC and FRCA complaint processes and a track record of successfully resolving sexual harassment lawsuits on behalf of clients in Tampa and throughout Florida. As the complaint process can be quite complex, we strongly advise potential clients to speak with an attorney prior to filing a complaint.
Contact us today by calling (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
What damages are recoverable for workplace sexual harassment?
Damages available for workplace sexual harassment claims depend on the circumstances and can vary from case to case. Generally, the following types of damages may be recoverable under federal law:
- Back pay
- Cost incurred related to the lawsuit
- Out of pocket costs associated with finding new employment
- Mental anguish
- Attorneys’ fees
- Fringe Benefits that would have been received
- Punitive damages
How to contact a Tampa hostile work environment lawyer?
Cantrell Schuette, P.A. Tampa employment law attorneys are experienced in representing victims of sexual harassment. For a free consultation, contact us at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.