Employment Discrimination Lawyer Tampa, FL
Our Tampa, FL employment discrimination lawyer knows that the majority of workers in the United States have a federally protected right under the Family and Medical Leave Act (FMLA) to take up to 12 weeks off from work, unpaid, to care for themselves or a close family member who is sick or injured and not have to fear losing their job or being discriminated against or retaliated against. If you believe that you are an employee who is eligible for FMLA protection but are worried that your employer has unlawfully violated your FMLA rights, you should consult with an experienced employment discrimination lawyer as soon as possible.
Examples of When a Person Can Take Time Off Under the FMLA
There are many instances when a worker can take unpaid leave from their job under the FMLA. A few typical examples include:
- When the worker is ill, injured, or has a serious medical condition
- When the worker needs to provide care for his or her spouse, child, or parent who has a serious medical condition or illness
- When the worker is incapacitated due to pregnancy
- When the worker needs prenatal care before a childbirth
- Childbirth
- When the worker needs to provide care to his or her newborn child
- Placing a child up for adoption or into foster care
How Do Workers Use FMLA Leave?
When a worker has notice ahead of time that he or she will need to take time off from work under the FMLA, he or she must provide his or her employer with 30 days of notice if possible. When advanced notice is not possible, or the need to take time under the FMLA is sudden and unplanned, workers need to provide notice as soon as possible. Workers must follow their employer’s normal policies concerning taking leave.
Employers Must Respect Your FMLA Rights
As a Tampa employment discrimination can explain, if you are a worker that is eligible for FMLA protection, then your employer must comply with the law and allow you to take the qualifying time that you need. Employers are not permitted to interfere with your rights under the FMLA, nor can an employer restrain you or deny you your FMLA rights. Your employer is also prohibited from discharging you, or discriminating against you, for exercising your rights under the FMLA.
Discrimination could take the form of:
- Treating you differently after you took FMLA time off
- Denying you promotions or certain work projects or assignments
- Giving you a bad review for no good reason other than that you took time off under the FMLA
- Deeming you ineligible for promotions or bonuses because you took time off under the FMLA
No one who is eligible for FMLA protections should be denied their rights by their employer. If you believe that your employer has improperly taken action against you or has discriminated against you for taking unpaid leave under the FMLA, you should consult with a Tampa employment discrimination lawyer from Hoyer Law Group, PLLC.
Fighting Employment Discrimination
Each Tampa, FL employment discrimination lawyer at Hoyer Law Group, PLLC works diligently to defend the rights of all employees. Every worker has the legal right in this country to be treated with dignity and respect and to never have to endure discrimination. Both the United States government and the state of Florida have laws in place that make it illegal for any employer to discriminate against a worker for any reason.
It doesn’t matter if the company is a major international corporation or a small mom-and-pop family business – all company owners are required to adhere to these laws. Failure to follow these laws and allowing and/or perpetuating employee discrimination can result in serious and expensive legal issues for the company.
Types of Employment Discrimination
There are a number of different categories that federal law recognizes as potential targets of employment discrimination. Anyone from any of these groups who have experienced discrimination should contact a Tampa employment discrimination lawyer immediately.
- Age – An employee cannot be treated differently because of their age. In order for age discrimination to apply, the worker must be at least 40 years or more.
- Disability – An employee who has a disability that is covered under the Americans with Disabilities Act must be treated the same as any other employee.
- Equal Pay – Equal pay issues are another form of employee discrimination. No company should pay an employee less in wages or award benefits more or less based on that employee’s gender. Women and men must receive equal pay for equal work under federal and state laws.
- Hostile work environment/harassment – If a worker is the target of unwelcome behavior because of discrimination, creating a condition of employment, or a hostile work environment, that worker should contact a Tampa employment discrimination lawyer to find out their legal options.
- National origin – An employee’s ethnicity or country of origin should have no impact at all on how an employee is treated by their employer.
- Pregnancy or related medical condition – No employer is allowed to discriminate against an employee who is pregnant.
- Race – Discriminating against an employee because of their race or the color of their skin is a violation of federal law.
- Religion – An employee’s religious beliefs should have no impact on how their employer treats them.
- Sex – Under Title V, no employee should be discriminated against because of their sexual identity or sexual orientation.
Proving Employee Discrimination
It can be difficult for an employee to prove discrimination on their own. There is often the corporate structure to deal with, as well as the federal and state agencies overseeing discrimination. This is why anyone who has been a victim needs a skilled Tampa employee discrimination lawyer advocating for them. Call Hoyer Law Group, PLLC to find out what legal recourse you may have for the discrimination you have experienced and how our firm can help.
5 Common Examples of Employment Discrimination
Discrimination in the workplace is a prevalent issue that affects many employees across different industries and demographics, as a seasoned Tampa employment discrimination lawyer knows. From subtle biases to overt mistreatment, discrimination can manifest in various forms, creating a toxic work environment and negatively impacting employees’ well-being and job prospects. Here are typical examples of employment discrimination that highlight the need for continued efforts to promote inclusivity and equality in the workplace.
- Gender Pay Gap: Despite progress in gender equality, the gender pay gap remains a persistent issue in many workplaces. Women, on average, earn less than men for doing the same job, with women of color facing even wider pay disparities. According to data from the U.S. Bureau of Labor Statistics, as of 2021, women earn about 82 cents for every dollar earned by men. This form of discrimination often results in financial instability which can last for years, affecting female employees’ livelihoods, job security, and career growth.
- Age Discrimination: Age discrimination is another prevalent form of workplace discrimination that affects older workers. Older employees may face bias in hiring, promotion, and retention decisions due to ageist attitudes and stereotypes. What are the issues with this form of communication is that it can result in fewer job opportunities and limited resources for older or elderly workers, even though they have the necessary qualifications.
- Racial Discrimination: For many employees of color, racial discrimination is a common and familiar obstacle that they experience in many workplaces.This discrimination can take various forms, including racial bias in hiring, promotions, and assignments, racial harassment, and a hostile work environment. Employees of color may face unequal treatment, microaggressions, and exclusionary practices, leading to decreased job satisfaction, mental health issues, and limited career advancement opportunities.
- Disability Discrimination: Employees with disabilities often face discrimination in the workplace, ranging from accessibility barriers to unequal treatment. Many workers with disabilities experience issues such as harassment, lack of facilities, and lack of training materials tailored to accommodate their disability. Despite legal protections under the Americans with Disabilities Act (ADA) in the United States, employees with disabilities may face challenges in accessing employment opportunities and advancing in their careers.
- LGBTQ+ Discrimination: Discrimination against employees who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ+) is a significant concern in many workplaces. LGBTQ+ employees may face harassment, discrimination, and exclusion based on their sexual orientation or gender identity, resulting in a hostile work environment and negative impacts on their mental health and job satisfaction. Another common challenge that many LGBTQ+ employees experience is getting access to sufficient healthcare coverage.
5 COMMON EXAMPLES OF EMPLOYMENT DISCRIMINATION
When employment discrimination occurs, it can negatively impact employees’ well-being, safety, and the overall work environment. It is essential to recognize and address these discriminatory practices in the workplace to create inclusive and equitable work environments. Employers, policymakers, and employees alike should continue to advocate for equal opportunities, fair treatment, and diversity and inclusion initiatives in the workplace to combat employment discrimination and foster a more inclusive and equitable work environment for all employees. To find out what legal services you can receive, set up a consultation with a Tampa employment discrimination lawyer from Hoyer Law Group, PLLC now.