How To Prove A Florida Workplace Discrimination – Direct Evidence Claim
In Florida, a claim of Workplace Discrimination – Direct Evidence is defined as:
Workplace Discrimination is the unequal treatment of persons, for a reason that has nothing to do with legal rights or ability. Federal and state laws prohibit discrimination in employment, availability of housing, rates of pay, right to promotion, educational opportunity, civil rights, and use of facilities based on race, nationality, creed, color, age, sex, or sexual orientation. These are protected groups.
It simply means:
Companies cannot discriminate on the basis of race, nationality, creed, color, age, sex, or sexual orientation.
There are 3 elements of the claim:
- Element 1. The plaintiff belongs to a protected class. The plaintiff is part of a group that is legally protected from discrimination, such as based on race, gender, age, or disability, meaning they have specific rights that help prevent unfair treatment in the workplace.
Facts that might support this element look like:
* The plaintiff is a female employee who has worked at the company for over five years.
* The plaintiff is a member of a racial minority group, as evidenced by her ethnic background.
* The plaintiff is over the age of 50, qualifying her as a member of a protected age group.
* The plaintiff has a documented disability that is recognized under the Americans with Disabilities Act.
* The plaintiff practices a religion that is distinct from the majority of the company’s workforce. - Element 2. The plaintiff was subjected to an adverse employment action. The plaintiff experienced negative treatment at work, such as being fired, demoted, or denied a promotion, which is a key part of proving their claim of workplace discrimination based on direct evidence.
Facts that might support this element look like:
* The plaintiff received a written warning for performance issues, while similarly situated employees were not disciplined for comparable conduct.
* The plaintiff was demoted from their position without a clear justification, despite consistently meeting performance expectations.
* The plaintiff’s request for a promotion was denied, while a less qualified candidate was selected for the role.
* The plaintiff was excluded from important team meetings and decision-making processes, impacting their ability to perform their job effectively.
* The plaintiff’s hours were significantly reduced after they reported discriminatory behavior to management. - Element 3. There was a clear and explicit statement or action that directly indicates discriminatory intent based on a protected characteristic (such as race, gender, age, disability, etc.). Direct evidence of workplace discrimination occurs when someone clearly says or does something that shows they are treating someone unfairly because of a specific characteristic, like their race, gender, age, or disability.
Facts that might support this element look like:
* The supervisor explicitly stated during a team meeting that women were not suited for leadership roles, indicating a bias against female employees.
* An email from management referred to older employees as “outdated” and suggested they should retire, demonstrating age discrimination.
* A colleague remarked that a specific racial group “lacks the work ethic” required for the job, revealing discriminatory intent based on race.
* During a performance review, the manager commented that a disabled employee’s condition made them less capable, showing bias against individuals with disabilities.
* A hiring manager stated a preference for candidates of a certain gender, explicitly excluding others from consideration based on their gender identity.
(See Scholz v. RDV Sports, Inc., 710 So.2d 618, 624 (Fla. 5th DCA 1998).)
If you’re representing yourself in court and plan to assert a claim of Workplace Discrimination – Direct Evidence, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.
Prove Your FL Workplace Discrimination – Direct Evidence Claim
U.S. Civil Cases Only