Business and Tax Lawyer Blog

There are federal and state laws prohibiting public and private employers from discriminating against employees based on race, color, gender, national origin, age, marital status, handicap or religion.

Most employer-employee relationships are not contractual. In Florida, if employment is agreed upon for an indefinite period of time, an employer may terminate the employee at will as long as the termination is not based on a prohibited basis.

Company handbooks should state policies for terminating employees, but many do not. It is recommended that employers establish clearly that Florida is an employment-at-will state and define the companys' policies on discipline and termination. The company's code of conduct may also be included in its employee handbook, addressing each employee's obligation to act in an appropriate and non-discriminating manner to fellow employees, vendors and customers.

The applicable discrimination laws found in Florida are contained in the Florida Civil Rights Act. If the Florida Human Relations Commission finds cause for bringing a discrimination lawsuit against the employer, it will send notice of a "Right to Sue" to the claimant. Then, the claimant may file a civil suit for damages against the employer.

Likewise, The Equal Employment Opportunity Commission (EEOC) is responsible for federal discrimination claims. Case law suggests that if the EEOC finds cause to bring a lawsuit for federal discrimination claims, separate notice or approval by the Florida Human Relations Commission is not required to bring state law discrimination claims. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, national origin, and age. The Americans with Disabilities Act of 1990 (ADA), found in Title I and V, prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.