When is Discrimination Unlawful in Employment Situations?

If you have encountered any form of discrimination when applying for a job in South Florida, or while working for an employer in the Palm Beach Gardens area, it is critical to determine whether you have experienced unlawful discrimination. There is a common assumption that any form of discrimination is unlawful. Yet in fact, for discrimination to be unlawful, the target of the discriminatory language or behavior must be a member of what is known as a “protected class.” One of the Palm Beach Gardens employment discrimination lawyers at our firm can explain how this works, and we can assess your case today to determine if you are eligible to move forward with a discrimination claim under state or federal law.

Not All Discrimination is Unlawful Under State or Federal Law

The general term “discrimination” refers to any unfair or adverse treatment of a person or a group of people on the basis of a specific characteristic. A person can be treated unfavorably in a workplace because their employer is a member of a particular political party and finds out the employee is a member of a different political party. Or, for instance, employees who went to certain colleges or universities may receive preferred treatment in a workplace. Technically, these are forms of discrimination, but they are not forms of unlawful discrimination.

In order for discrimination to be unlawful in an employment context, the discrimination must occur on the basis of a person’s membership in, or perceived membership in, a protected class. Job applicants, employees, and former employees in a protected class have protections against employment discrimination.

Understanding Protected Classes and Unlawful Discrimination

What is a protected class? A protected class is a group of people who share a particular characteristic that makes them legally protected from discrimination under state or federal law. Most protected classes share a characteristic that is immutable — a characteristic that cannot be changed or is permanent.

The Florida Civil Rights Act (FCRA) specifically identifies protected classes, all of which overlap with protected classes under federal laws that include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Those protected classes include the following:

• Race;
• Color;
• Religion;
• Sex;
• Pregnancy;
• National origin;
• Age (if 40 or over);
• Handicap (i.e., disability); or
• Marital status.

Federal laws provide additional protections by identifying other protected classes such as genetic information.

Contact a Palm Beach Gardens Employment Discrimination Lawyer

Have you experienced any kind of language or behavior that you believe amounts to unlawful discrimination? Even if you are not certain, or if the discrimination was not overt, it is extremely important to have a lawyer assess your case. Many forms of unlawful discrimination are subtle, but nonetheless cause significant harm. You may be eligible to file a claim and to seek a remedy for a form of employment discrimination under state or federal law. An experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office can talk with you today to learn about what you experienced, and we can begin working with you on an employment discrimination claim.

Sources:

eeoc.gov/employers/small-business/3-who-protected-employment-discrimination

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html