What is a Covered Employer for Discrimination Claim Purposes?
Experiencing discrimination when applying for a job or while working for an employer can be devastating. Employment discrimination can prevent a job applicant from being hired, can result in an existing employee facing adverse actions by their employer that can have an effect on that employee’s pay and well-being, and it can also affect the morale of a workplace. Discrimination can also take many different forms, including discrimination on the basis of race, sex, gender, religion, age, disability, and more. If you were the target of employment discrimination as a job applicant or as an employee, or if you have been working in a workplace that has risen to the level of a hostile work environment because of discrimination against one or more other employees, it may be possible to file an employment discrimination claim under state or federal law.
However, even if an employer’s or co-workers’ discrimination is clear, blatant, and obvious, it may not be possible to file a state or federal claim if your employer is not “covered.” What does coverage mean in the context of employment discrimination claims? An experienced Palm Beach Gardens employment discrimination lawyer can explain.
What Does Coverage Mean for Employment Discrimination Claims?
The term “coverage” in the context of employment discrimination claims refers to whether an employer is covered by a particular law prohibiting discrimination such that the employer must comply with the law. As the US Equal Employment Opportunity Commission (EEOC) explains, “an employer must have a certain number of employees to be covered by the laws we enforce.” The EEOC enforces federal laws, but the same applies to the Florida Civil Rights Act (FCRA) and any other relevant state laws in Florida.
The EEOC further explains that the number of employees required for coverage “varies depending on the type of employer . . . and the kind of discrimination alleged.”
Required Number of Employees for Different Laws and Forms of Discrimination
The Florida Civil Rights Act provides a range of protections against employment discrimination under state law. In order for an employer to be covered, that employer must have 15 or more employees.
Federal laws that prohibit discrimination vary. Most require employers to have 15 or more employees for coverage, including Title VII of the Civil Rights Act of 1964 (which prohibits discrimination on the basis of race, religion, sex, color, ethnicity, and other protected classes) and the Americans with Disabilities Act (ADA, which prohibits disability discrimination). The federal Age Discrimination in Employment Act (ADEA, which prohibits discrimination on the basis of age for applicants and employees aged 40 and older) requires employers to have 20 or more employees in order for the employer to be covered.
Contact a Palm Beach Gardens Employment Discrimination Lawyer
It is important to speak with a lawyer about whether you work for a covered employer if you want to consider filing an employment discrimination claim. Even if your employer is not covered, you may have other options for addressing employment discrimination, and a lawyer can discuss those options with you. Do not hesitate to reach out to an experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office. Contact us today for assistance with any employment discrimination questions and to find out more about moving forward with a claim.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html
eeoc.gov/statutes/title-vii-civil-rights-act-1964
eeoc.gov/laws/guidance/fact-sheet-age-discrimination
eeoc.gov/coverage
