No one likes to work in a bad job situation with a rotten boss or co-workers. Or both.
Sometimes we have to put up with some grief from rude or unprofessional people. Or both.
However, there are some instances when conduct in the workplace can be a serious infringement on your rights. When you are not treated fairly due simply because of who you are, you may be the victim of employment discrimination.
Employment discrimination occurs when an employee is treated differently or in a disparate manner because of their race, gender, religion, national origin, physical or mental disability and age by their employer. Discriminatory practices may been seen in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.
The Tobin Law Group specializes in employment discrimination and in helping employees resolve conflicts in their work or with their treatment in finding a job. Mr. Tobin has practiced in this area of law for almost 2 decades. He and his team are devoted to their clients— listening to their specific dilemma, understanding their goal in resolving the situation and trying to address their needs and providing them the best legal service available.
Age Discrimination.
Pursuant to the Age Discrimination Employment Act, or “ADEA” and the Florida Civil Rights Act or “FCRA” employers are prohibited from discriminating against an employee based upon their age. Employees 40 years old and above cannot be treated in a disparate manner because of their age. Common examples of this are found where a person is denied a promotion or is given an assignment because of their age.
Pregnancy Discrimination.
The Pregnancy Discrimination Act or “PDA” dictates that an employer cannot discriminate against a female employee because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. This includes protecting a pregnant woman from discrimination when it comes to hiring, firing, pay, job assignments, promotions, layoffs, training and fringe benefits, such as leave and health insurance. Pregnancy discrimination includes harassment that is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as a termination. It’s also important to remember that the harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a customer or business associate.
Disability Discrimination.
Disability discrimination occurs when an employer covered by the Americans with Disabilities Act “ADA” or the Rehabilitation Act treats an employee or job candidate with a disability unfavorably because of that disability. Mr. Tobin reminds you that your employer has to provide a reasonable accommodation to you if you have a disability, as that term is defined under the ADA —unless to do so would cause significant difficulty or expense for them.
Additionally, the law protects people from discrimination based upon their relationship with a person with a disability, even when they are not disabled themselves. So, it’s illegal to discriminate against you as an employee because your spouse is disabled.
Contact Bradley Tobin at (813) 452-6199 or email at btobin@tobinlawgroup.com and get answers to your employment law questions from an experienced employment law specialist.