Tampa Employment Discrimination Attorney
A valuable resource when complex employment disputes arise
Saady & Saxe, P.A.’s six decades of experience with state and federal employment laws puts employees and employers on solid ground when discrimination is claimed.
Our employment discrimination attorneys in Tampa counsel employers on preventive measures and represent them and employees in negotiation, mediation and arbitration of discrimination and harassment claims. We represent clients before the Equal Employment Opportunity Commission, and when necessary, throughout the litigation process, from depositions and other discovery through pre-trial motions, at trial and on appeal. Contact our Tampa discrimination attorneys for more information.
Federal discrimination laws
Our Tampa employment discrimination attorneys handle discrimination claims under several laws:
Title VII of the Civil Rights Act of 1964 — Prohibits discrimination in any aspect of employment on the basis of:
- Gender — Employers may not hire, fire, set pay, make job assignments, give promotions, fringe benefits or training, or lay off an employee based on gender.
- Race — Unfavorable treatment in any employment decision based on the worker’s race or racial characteristics is unlawful.
- Religion — The law forbids discrimination based on an employee’s religious beliefs, whether they are grounded in traditional or nontraditional religions.
- National origin — Job applicants and employees cannot be treated unfavorably because of their national origin, accent or ethnic background, including group affiliations.
- Pregnancy — In 1978, the Pregnancy Discrimination Act amended Title VII to prohibit bias on the basis of pregnancy.
- Sexual orientation — Transgender, gay, lesbian and bi-sexual individuals may bring sex discrimination and sexual harassment claims for workplace discrimination.
- Sexual harassment — Case law in recent years has deemed harassment a form of discrimination under Title VII.
Age Discrimination in Employment Act of 1967 — Protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.
The Americans with Disabilities Act of 1992 — Prohibits employment discrimination against individuals with disabilities.
Retaliation — The same laws that prohibit discrimination also prohibit retaliation, such as wrongful termination, demotion or other actions, against individuals who report or oppose unlawful discrimination or who participate in an employment discrimination proceeding.
In addition to federal laws, Florida and nearly every state has laws prohibiting discrimination on the basis of race, religion, sex, national origin, age and handicap.
The employment discrimination claims process
The Equal Employment Opportunity Commission hears discrimination claims brought against employers by employees, rejected job applicants and sometimes EEOC commissioners.
The Charge — The complaint document must be filed with EEOC within 180 days of the discriminatory act. In a deferral state such as Florida — one with its own fair employment law and an EEOC-approved enforcement agency — a charge is filed first with the state or local agency, which has a minimum of 60 days to investigate and act on the discrimination claim before referring it to EEOC. A charge must be filed with the EEOC within 300 days of the discriminatory act in such a deferral state. The EEOC has 10 days to serve notice of the complaint on the employer.
Probable Cause Determination — After an investigation, the EEOC determines whether there is probable cause to believe that discrimination has occurred.
Conciliation — If the commission finds probable cause, it tries to get the parties to reach an agreement to end the discriminatory practice and provide a remedy. Once an agreement is reached, the case is closed and neither party may file suit based on the same facts.
Notice of Right to Sue — If the EEOC’s determination is unfavorable to the complainant, the commission dismisses the charge and notifies the employee of the right to sue the employer privately. The individual then has 90 days from receipt of the notice to file suit in federal court.
The commission may also issue a right to sue letter at the individual’s request 180 days after the charge is filed, or prior to the expiration of 180 days if the agency determines it cannot process the charge within that period. The individual then has 90 days to file a federal lawsuit.
Workable solutions for Tampa employment discrimination claims
The Tampa discrimination attorneys at Saady & Saxe, P.A. skillfully handle discrimination claims on behalf of employees and employers. We pursue every possible strategy to arrive at the best solution for our clients. Our Tampa practice serves clients throughout the country. Contact Saady & Saxe, P.A. to discuss your case with a credentialed attorney.