Employment Discrimination

What Laws Protect Rights Against Discrimination?

Under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, and Florida Civil Rights Act, it is illegal to discriminate on the basis of race, religion, color, sex, national origin, disability, or age in any aspect of employment.

  • This includes:
  • Hiring and firing
  • Payment of wages
  • Classification of employees
  • Job duty transfer
  • Promotion
  • Layoff
  • Recruitment
  • Testing
  • Training
  • Benefits
  • Retirement plans
  • Disability leave
  • Many other terms and conditions of employment

If you have any questions about employment discrimination, call Remer & Georges-Pierre PLLC for a free consultation at 305.416.5000.

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Discriminatory practices under these laws also include any harassment on the basis of race, color, religion, sex, national origin, disability, or age and any retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices. Employment laws also protect from illegal employment decisions based on stereotypes about the abilities or performance of individuals of a certain sex, race, age, religion, or national origin, or individuals with disabilities.

The laws also protect employees from being denied employment opportunities because of marriage to an individual of a particular race, religion, national origin, or disability and prohibit discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

What Laws Provide Rights to Minimum Wage & Overtime Compensation?

The federal Fair Labor Standards Act sets the federal minimum wage and provides nonexempt employees with the right to overtime compensation. The Florida Constitution was recently amended to raise the minimum wage in Florida. The majority of employees are either paid on an hourly basis for each hour they work or are paid a fixed salary regardless of the number of hours worked.

The majority of those employees paid on an hourly basis must be paid time and one half (overtime) for any hours worked over forty (40) in a seven day workweek. Some employees who receive a salary may be entitled to overtime because their employers have misclassified them as being exempt from overtime. An employee paid a salary may be entitled to overtime compensation.

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