Wrongful termination and discriminatory practices in the workplace can take many forms including breach of a work contract, refusal to give a reasonable accommodation, denial of leave, discrimination or harassment based on race, gender, age, national origin, sexual orientation, pregnancy and/or disability. Employees should feel safe at work and should not be afraid to speak out against their employer for fear of retaliation. Patten Law Firm’s experienced Employment Law Attorneys in Orlando, Florida can provide you with the representation you need while navigating your way through workplace discrimination, harassment, wrongful termination, and/or wage violations. Patten Law Firm Attorneys possess the experience and knowledge required to represent employees in their labor disputes- small or large.
Discrimination/Harassment
Unfortunately, in today’s society, many employees still face discrimination and/or harassment in the workplace. To battle such discrimination and/or harassment, the Federal Civil Rights Act (Title VII) and the Florida Civil Rights Act were enacted. The purpose of these anti-discrimination and anti-harassment laws are to provide equal employment opportunities and to eliminate illegal and scrupulous practices that discriminate and harass on the basis of color, religion, national origin, gender, age, handicap, and disabilities.
These laws protect employees from employment discrimination when it involves:
- Unfair treatment because of your race, religion, national origin, gender, age, handicap, disability, marital status, or pregnancy.
- Harassment by managers, co-workers, or others in your workplace, because of your race, religion, national origin, gender, age, handicap, disability or family status. This includes sexually harassing comments, touching, and assault.
- Denial of a reasonable workplace accommodation of your religious beliefs or disability.
- Retaliation because you have complained about job discrimination and/or harassment.
Victims of discrimination and/or harassment may be able to obtain monetary damages for back / front pay, compensatory damages and/or punitive damages. If you have suffered from discrimination and/or harassment in the workplace, please contact the employment lawyers at Patten Law Firm.
Family Medical Leave Act
The Family Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
The FMLA also provides the employee the right following leave to be restored to the position of employment previously held. Additionally, the FMLA provides prohibits interference with any legal right under the act, as well as protection from retaliation. Victims of FMLA retaliation and/or interference may be able to obtain monetary damages, including liquidated damages. If you have suffered from FMLA retaliation in the workplace, please contact the employment lawyers at Patten Law Firm.
The Americans With Disabilities Act
The Americans With Disabilities Act (“ADA”) protects employees from being treated differently from other employees simply because of their disability. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered; thus, it is imperative to seek legal advice if you believe you have been harassed or discriminated against in the workplace due to a disability and/or a perceived disability.
There are many ways in which a disabled employee may be discriminated against including, but not limited to:
- Being harassed because of a disability;
- Firing an individual due to his/her disability;
- Failing to engage in an interactive process for a reasonable accommodation;
- Failing to make a reasonable accommodation for a disabled worker;
- Failing to hire or promote a “qualified employee” because of a disability;
- Refusing to hire or promote an employee with a disability; and
- Retaliating against an employee for requesting a reasonable accommodation.
Victims of ADA discrimination, harassment, or retaliation may be able to obtain monetary damages, which can include lost wages, compensatory damages, punitive damages and attorney fees and costs. If you believe you have suffered from disability discrimination, harassment, or retaliation, please contact the employment lawyers at Patten Law Firm.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act protects the rights of pregnant women in the workplace. It prohibits discrimination, harassment or retaliation based on childbirth, pregnancy, or related medical conditions. Pregnant employees must be permitted to continue working while pregnant so long as the employee can continue to perform her essential job duties. However, if a pregnant employee cannot perform her essential job duties due to her pregnancy she must be treated as temporarily disabled and the laws under the Americans with Disabilities Act would apply, including but not limited to possibly needing reasonable accommodations for light duty and/or time off. The pregnant employee may also have additional rights under the Family Medical Leave Act. Pregnant employees are also protected from retaliation when they make a complaint to management regarding being discriminated against or harassed due to being pregnant. Therefore, it is imperative to seek legal advice if you believe your legal rights have been violated.
If your rights under the Pregnancy Discrimination Act have been unlawfully violated you may be able to obtain monetary damages, which can include lost wages, compensatory damages, punitive damages and attorney fees and costs. If you believe you have suffered from pregnancy discrimination, harassment, or retaliation, please contact the employment lawyers at Patten Law Firm