Employment Discrimination

Employment Discrimination

Employment Discrimination

Employment Discrimination is Against the Law.

Every person has the right to equal employment opportunities. If you believe that you have received discriminatory treatment by an employer, labor union, or employment agency when applying for employment or while employed, you may file an employment discrimination complaint under different laws that provide protection. (How to file a complaint link).

The City of Tampa Division of Community Affairs enforces local, state, and federal laws. The employer or prospective employer must be located within the City of Tampa limits. in order for you to file a complaint. To be covered by Title VII of the Civil Rights Act of l964, the Americans with Disabilities Act of 1990 (ADA), the Lilly Ledbetter Fair Pay Act of 2009, and the Genetic Information Nondiscrimination Act of 2008 (GINA) an employer must have 15 employees or more. To be covered by the Age Discrimination in Employment Act of l967 (ADEA) an employer must have 20 employees or more. Under the City of Tampa Human Rights Ordinance, an employer must have 5 employees or more. City of Tampa employees are covered by the Ordinance.

Protected Classes under Federal, State and Local Laws

Federal Laws

  • Race
  • Color
  • Religion
  • Sex
  • National Origin
  • Age (40 or older)
  • Disability (physical)
  • Disability (mental)
  • Genetic Information

 

 

Florida Civil Rights Act

  • Race
  • Color
  • Religion
  • Sex
  • National Origin
  • Age (40 or older)
  • Disability (physical/mental)
  • Genetic Information
  • Marital Status
  • Persons with AIDS
  • Genetic Information

City of Tampa's Human Rights Ordinance

  • Race
  • Color
  • Religion
  • National Origin
  • Sex
  • Sexual Orientation
  • Gender Identity or Expression
  • Age (40 or older)
  • Disability (physical/ mental)
  • Familial Status
  • Marital Status

It is unlawful to discriminate against any person based on these "protected classes."

 

Common Issues in Employment Discrimination

  • Termination
  • Denied hiring
  • Denied promotion
  • Demotion
  • Different terms and conditions
  • Harassment
  • Sexual harassment
  • Pregnancy
  • Religious accommodations
  • Retaliation
  • Lay-off
  • Denied ADA accommodations
  • Qualifications
  • Unfavorable references
  • Reinstatement
  • Seniority
  • Union representation
  • Benefits
  • Advertising
  • Exclusion
  • Job classification
  • Pay comparability
  • Recall
  • Referral
  • Involuntary retirement
  • Segregated facilities
  • Tenure
  • Training
  • Wages
  • Discipline
  • Intimidation
  • Paternity
  • Suspension
  • Other

Retaliation is against the law.  An employer may not retaliate against an employee for opposing any unlawful practice for filing a discrimination complaint, testifying, assisting, or participating in any manner, in an investigation, proceeding or hearing dealing with employment discrimination.

Who can file a charge of employment discrimination?

How can I file a discrimination complaint?

How long do I have to file a discrimination complaint?

What happens after an Employment Complaint is filed?

What is Mediation?

A person filing a discrimination complaint has the right to:

  • File and pursue a charge without being harassed, intimidated or retaliated against.

  • Know the name and telephone number of the person who is conducting the investigation and to know the status of his/her case.

  • Have witnesses who have direct knowledge about the case submit statements during  the investigative process.

  • Obtain a full remedy if discrimination is found.

  • Have written notice of any hearing or final action relating to the case.

  • Request a review by the Administrator of the City of Tampa Division of Community Affairs (the Division) when not in agreement with any written or final decision rendered in a case filed with the Division and under the Human Rights Ordinance.

  • To request a review by the U.S. Equal Employment Opportunity Commission (EEOC), Miami District Office, when not in agreement with any written or final decision rendered by the Division

Once you file a discrimination complaint, you have the responsibility to:

    • Supply and explain all relevant information, data or documents to the investigator when required.

    • Provide to the Division any changes to your address or phone number.
    • Answer all telephone or mail inquiries from the Division. If you fail to do so,  your case may be dismissed. These inquiries will be as convenient and as infrequent as possible.

    • Attend all meetings, hearings or fact finding conferences. The Division will try to accommodate your schedule as much as possible.

Request for Right to Sue:

You (the Complainant) can request a Right to Sue letter from the Division if the case was filed under any of the federal or state laws and once the case is over 180 days from the date of filing.