Employment discrimination representation grounded in 50 years of work on behalf of clients in Sarasota and the surrounding area.
If you have been treated adversely at work due to your race, age, sex, disability, religion, or national origin, you may have a claim under federal or Florida law. Our Sarasota, FL employment discrimination lawyer represents both employees pursuing claims and employers defending against them. Hoyer Law Group, PLLC brings more than 50 years of combined experience to employment matters throughout Florida. Contact us to schedule a confidential evaluation.
Employment Discrimination Lawyer Sarasota, FL
Florida is an at-will employment state, which means employers can generally end the employment relationship for any reason or no reason at all. What at-will employment does not permit is ending it for an unlawful reason. Federal and Florida law prohibit employment decisions motivated by a protected characteristic, covering race, color, sex, age, national origin, religion, disability, and pregnancy, among others.
Discrimination claims fall into two broad categories: adverse employment actions and hostile work environment. An adverse action is a concrete employment decision with a measurable consequence, such as a termination, demotion, pay reduction, or denial of a promotion. A hostile work environment claim involves conduct that, while not necessarily tied to a specific job action, is severe or pervasive enough to change the conditions of employment. Both types of claims require their own evidentiary showing, and both reach conduct by supervisors, coworkers, and in some circumstances, third parties.
Types of Employment Discrimination Cases We Handle in Sarasota
We represent both employees and employers across Sarasota and throughout Florida in discrimination and related employment matters. Below are among the categories we handle most often.
- Race and color discrimination. Decisions motivated by race remain among the most frequently filed claims before the EEOC. We help clients prove firing due to race, including documentation of the decision-making process and who was treated differently.
- Age discrimination. Federal and Florida law protect employees 40 and older from adverse decisions tied to age. These claims surface frequently during workforce reductions, where challenges in the workplace impact older workers and can be difficult to identify without careful analysis of who was affected and why.
- Disability discrimination and accommodation. Employers must provide reasonable accommodations to qualified employees with disabilities unless doing so poses an undue hardship. We handle claims involving both denied accommodations and terminations that may be connected to a disability.
- Sexual harassment. Harassment based on sex is a distinct form of employment discrimination with its own liability framework depending on the relationship between the harasser and the person harassed.
- Wrongful termination. A termination is unlawful when it is motivated, even in part, by a protected characteristic. We evaluate whether the employer’s stated reason holds up under scrutiny.
- National origin and religion. Employers cannot make adverse decisions based on where someone is from, their accent, or their religious observances and practices, including requests for reasonable religious accommodation.
- Pregnancy discrimination. Pregnancy, childbirth, and related medical conditions must be treated the same as other temporary conditions affecting an employee’s ability to work. The Pregnant Workers Fairness Act added a separate accommodation duty that applies regardless of discriminatory intent.
- Retaliation. Employees who file a discrimination complaint, participate in an investigation, or report unlawful conduct are protected from retaliation. We represent employees facing adverse action after raising workplace concerns and employers responding to retaliation allegations.
Why Choose Hoyer Law Group, PLLC as My Employment Discrimination Lawyer in Sarasota, FL?
Florida Employment Law Practice With National Recognition
Sean Estes is a founding member of Hoyer Law Group, PLLC, and manages the firm’s Tampa office. He earned his J.D. cum laude from the University of Florida Levin College of Law in 2008 and has represented employees and employers in discrimination and other employment matters throughout Florida since then. Mr. Estes has been named to the National Trial Lawyers Top 100, recognized as a Super Lawyers Rising Star in employment law in Florida, and is a member of the Ferguson-White Inn of Court. As an employment lawyer in Sarasota, FL, he is admitted to practice in Florida and before multiple federal courts.
Dave Scher leads its Washington, D.C. office, where his practice has centered on employment and whistleblower litigation for more than two decades. His case record in discrimination and employment matters includes a jury verdict in an Equal Pay Act case and a jury verdict in a whistleblower matter, both of which required litigating under federal employment statutes. He is a graduate of Cornell University and Fordham University School of Law, admitted in New York, New Jersey, Virginia, Maryland, D.C., and California, along with multiple federal courts, and has been cited as a legal commentator by Forbes, ABC News, and Politico on employment matters.
Documented Results in Employment and Discrimination Cases
Our attorneys have achieved jury verdicts and negotiated settlements for clients across employment discrimination, whistleblower, and retaliation matters. We represent both sides of these disputes, where our case results show how effective we are in evaluating risk and using certain strategies at every stage of a case.
Understanding Employment Discrimination Cases in Sarasota
Adverse Actions, Hostile Environment, and Remedies
The evidentiary framework for a discrimination case depends on the type of claim. An adverse employment action claim focuses on a specific, concrete decision: a termination, demotion, failure to promote, or pay cut. To prevail, the employee must show the decision was motivated by a protected characteristic, and the employer must have an opportunity to articulate a legitimate, nondiscriminatory reason. The case often depends on whether that reason is consistent with the employer’s actual practice, its stated policies, and the way similarly situated employees were treated.
A hostile work environment claim does not require a specific job action. Instead, it requires showing conduct that is both subjectively offensive to the employee and objectively severe or pervasive enough that a reasonable person in the same situation would find it hostile. Both types of claims are available under federal law and the Florida Civil Rights Act.
Employees who prevail can recover:
- Back pay for wages and benefits lost because of the discriminatory decision or hostile conditions
- Front pay or reinstatement where the employment relationship can be restored or compensated going forward
- Compensatory damages for emotional distress caused by the discrimination
- Punitive damages in cases involving particularly reckless or malicious conduct
- Attorney’s fees and costs under most applicable federal and Florida statutes
What Are Important Aspects of an Employment Discrimination Case?
These cases often depend on whether the employer’s stated reason for a decision was the real motivation. Several factors tend to matter most:
- Whether the employer’s explanation for the decision changed over time, since inconsistency in a stated rationale is often treated as evidence that the real reason was something else.
- Whether the employer followed its own written policies and practices when deciding.
- Whether the adverse action followed quickly after a protected event, such as a discrimination complaint, a leave request, or a change in the employee’s status.
- Whether supervisors made comments or asked questions that reflect assumptions about the employee’s protected characteristic, even where those statements were not directly connected to the adverse decision.
What Is the Employment Discrimination Case Timeline?
These matters generally follow a recognizable sequence, though the forum and the nature of the claim can affect pace and procedure:
- The adverse action occurs, or the hostile environment reaches a point where the employee decides to act.
- The employee consults with an attorney to determine which laws apply and which deadlines govern.
- A charge is filed with the EEOC, the Florida Commission on Human Relations, or both within the applicable filing window.
- The agency investigates, which may include a position statement from the employer and a review of relevant records.
- The agency issues a right-to-sue notice or determination, opening the door to civil litigation if the matter has not been resolved.
- A lawsuit is filed if necessary, followed by discovery, potential summary judgment, and ultimately trial or settlement.
EEOC investigations can take months to a year or longer. Litigated cases typically take longer still, particularly those that proceed through summary judgment.
What Should You Bring to Your Employment Discrimination Consultation?
The records that matter most in a discrimination case often relate to how the decision was made and how similar decisions were handled for others. If you have access to them, bring:
- Organizational charts, job postings, or promotion records that show who was hired, promoted, or retained around the same time.
- Your performance reviews and any disciplinary records, particularly those issued close in time to the adverse decision.
- Written communications connected to the decision, including emails or messages from supervisors.
- Any records of a complaint or report you made internally before the adverse action occurred.
We will review this material, discuss how it fits within the applicable legal framework, and give you a direct assessment of your situation.
Florida Legal Resources for Employment Discrimination Cases
Florida employees and employers operate under overlapping federal and state anti-discrimination frameworks. The following resources can help you identify the laws that may apply:
- The EEOC’s time limits for filing a discrimination charge is one of the most important deadlines in any employment discrimination matter
- The EEOC’s filing a charge page explains the formal process for submitting a federal discrimination complaint
- The EEOC’s employer responsibilities page outlines compliance obligations for businesses navigating a discrimination claim
- The Florida Commission on Human Relations enforces the Florida Civil Rights Act alongside the federal framework
Florida’s deadline to file a complaint with the Commission on Human Relations is 365 days from the alleged violation. Federal deadlines under Title VII are generally 180 or 300 days, depending on whether a state fair-employment agency is involved. These timelines run from the date of each discrete adverse action, not the conclusion of a pattern of conduct.
Reach Out to Hoyer Law Group, PLLC to Schedule a Consultation
Employment discrimination cases depend on facts that are easier to establish when evidence is gathered soon after the relevant events. Whether you are an employee or an employer, an early review of the situation tends to produce better options than waiting. Contact us to schedule a confidential evaluation.