DISCRIMINATION AND HARASSMENT
Discrimination and harassment laws protect individuals from unfair treatment and unwelcome conduct, as well as prevent discriminatory practices in employment decisions. Employers are required to prevent and address discrimination and harassment to ensure a fair and respectful workplace.
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Discrimination in the Workplace
Discrimination can be based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. It may also occur due to factors like political beliefs or marital status. Discrimination can affect various employment decisions, including hiring, firing, promotions, pay, breaks, leave, and work stations.
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For instance, disability discrimination happens when an employer fails to provide reasonable accommodations that enable an employee with a condition or impairment to perform their job effectively. This could include modifications to the work environment, flexible schedules, or specialized equipment. Recognizing and addressing these forms of discrimination is crucial for maintaining a fair and inclusive workplace.
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Harassment in the Workplace
Harassment involves unwelcome conduct based on an individual's protected status or activities. It can manifest verbally or physically and includes offensive jokes, name-calling, physical assaults, intimidation, ridicule, insults, comments, or other inappropriate behaviors. Harassment becomes unlawful when it creates a hostile, intimidating, or abusive work environment, or when enduring such conduct is a condition of continued employment.
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For example, sexual harassment is unlawful when it is so frequent or severe that it creates a hostile or intimidating work environment. This can include repeated unwanted advances, inappropriate touching, or pervasive comments of a sexual nature. Similarly, racial harassment could involve derogatory remarks about a person's race or ethnic background, leading to an intimidating or hostile atmosphere. Employers must address and prevent harassment to ensure a safe and respectful workplace for all employees.
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Discrimination And Harassment Claims
Discrimination and harassment claims are common in Florida employment litigation, often brought under Title VII of the Civil Rights Act of 1964. These claims typically involve an administrative process with the Equal Employment Opportunities Commission (EEOC) or a state agency, followed by an employment lawsuit filed by a plaintiffs attorney. Allegations usually assert that an individual faced discrimination in employment decisions, harassment, or a hostile work environment. These cases can be challenging due to their reliance on witness testimony, making it difficult to determine the truth.
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Spire Law leverages cutting-edge technology to investigate the electronic footprints of those involved. Small clues, such as GPS data from a cell phone photo, computer logs, or deleted text messages, can provide critical evidence. Spire Law's automated systems ensure that discrimination attorneys and staff thoroughly review each piece of evidence to uncover the truth.