Fort Lauderdale Florida Employment Discrimination & Civil Rights

Mr. Fleischer practices in discrimination cases including age, gender, race, pregnancy, disability & religious. Call 954-472-8401 today.

Age Discrimination

People say there is no substitute for experience. But in today’s workplace, the experience that comes in the form of an older worker is targeted for termination and then denied access to similar employment opportunities.

Employment Law Desk Sign and GavelThere are several laws in place that protect older workers from being discriminated against, including the federal Age Discrimination in Employment Act (ADEA) that prohibits employers from discriminating against potential applicants who are 40 or older. The ADEA applies to all employers who have 20 or more employees, including all levels of government, employment agencies, and labor unions. The Florida Civil Rights Act (FCRA) is the state law that protects employees from age discrimination.

Another federal law protecting older workers from discrimination is the Older Workers’ Benefit Protection Act. This makes it illegal to discriminate against an employee based on their age in the areas of benefits and retirement.

The Law Offices of Randy Fleischer has seen numerous instances where older employees and applicants are the victim of age discrimination. He knows from experience that employers may try to hide this as the reason for going in another direction, or terminating an employee. Mr. Fleischer also knows that proving cases such as this can be difficult because many times, direct evidence is not readily available. But through extensive experience in dealing with cases such as this, if age discrimination exists, Mr. Fleischer will work to prove that on behalf of his clients.

In some instances, employees may waive their rights under ADEA in consideration of a severance or buyout package. Mr. Fleischer can work with employees in these situations as well, negotiating a more lucrative severance, ensuring that the offer under consideration is drafted properly, specifically refers to ADEA rights and that the employee is given ample time to review the agreement (usually a minimum of 21 days), and ample time to revoke it.

Race & Racial Discrimination

While all forms of discrimination are unacceptable, perhaps the most insidious of all forms is racial discrimination. Under the Civil Rights Act of 1964, all forms of race-based discrimination are illegal, and this has been reaffirmed through numerous federal court decisions as well as a whole host of state-based civil rights laws.

As the world has become a much smaller place through travel and technological advancements, cultures have blended like never before. While that blending has led to an even richer diversity in America, it has also led to a lot more cases where discrimination based on race and color takes place.

Diverse Race Workers with CareersThrough 25 years of legal practice, Randy Fleischer has worked on numerous cases of racial discrimination that extends to all parts of society, ranging from education and housing to borrowing and lending, to voting and police misconduct.

However, in his experience, Mr. Fleischer has focused on employment-based racial discrimination. This has taken many forms, including an employer who fails to hire or promote someone based on the color of their skin, or an employee who is harassed by other employees, including jokes, offensive comments or physical conduct that leads to a hostile workplace.

Mr. Fleischer is thoroughly versed in all aspects of Title VII, which is the part of the Civil Rights Act that deals specifically with race-based employment discrimination.

Title VII states, in part, that equal employment opportunity cannot be denied due to the marriage of someone who is of another race or to someone who has an association with ethnic based groups or organizations. It also extends to places where someone chooses to worship or if they dress in a manner consistent with their ethnicity, as long as these practices do not materially interfere with the performance of a person’s job.

Pregnancy & Disability Discrimination

It is supposed to be one of the most joyous times in your life, but if you’ve been the victim of pregnancy discrimination, it can be an utter nightmare. The pressures of motherhood combined with the pressures of employment can put undue stress on an expectant mother, and on an entire family.

Pregnancy discrimination takes place with an expecting female is fired, denied employment or otherwise discriminated against due to being pregnant or her intention to become pregnant. It is heinous to take a pregnant mother out of her job and into the street with no medical insurance, but it happens in America day after day. If it happens to you or someone you love, legal action can be taken.

Pregnant Woman Consulting Attorney Employees and job seekers are protected from this kind of discrimination under the Pregnancy Discrimination Act of 1978 which was an amendment to Title VII of the Civil Rights Act of 1964.

The Law Office of Randy Fleischer has extensive experience in dealing with provisions of Title VII of the Civil Rights Act, including cases of pregnancy discrimination. He is ready to litigate aggressively on behalf of pregnant women who have been discriminated against in the areas of pay, job assignments, promotions, training, fringe benefits, layoffs and other issues dealing with employment.

Mr. Fleischer also represents women who take a pregnancy-related absence but may not have a job waiting for them when they return. Under the Family and Medical Leave Act, an employee may be eligible for 12 weeks of either paid or unpaid leave as part of their maternity. He also has experience in representing pregnant women who have disputes related to health insurance or conditions related to pregnancy such as gestational diabetes.

The bottom line is that if an employer provides benefits to other workers on medical leave, those same benefits must be extended to employees with pregnancy-related conditions. When that’s not the case, Mr. Fleischer is ready to bring an employer into compliance with the law or have them face the consequences.

Gender Discrimination

With the passage of the Equal Pay Act of 1963, employers are prohibited from determining an employee’s salary based on their gender. Protections against discrimination based on gender were further strengthened with the passage of the Florida Civil Rights Act, which prohibits employers with 15 or more employees from discriminating against individuals based on their gender or marital status. This landmark law includes hiring practices, compensation, terms and conditions of employment, training or the dissemination of materials that indicate a preference based on gender in the employer’s workplace. The Lily Ledbetter Act allows for unequal pay damages to be calculated from the beginning of the discriminatory salary, so women can get compensated for damages since starting at the workplace.

Employment Attorney with Gavel at DeskWhile these laws represented a breakthrough of sorts, the reality remains that discrimination based on gender continues to be a big problem in today’s workplace.

The Law Offices of Randy Fleischer sees cases all the time where female employees are let go because of their sex even though they have more seniority, or they are passed over for promotion despite having a better track record and employee reviews, or they are denied pay raises because they are not given the same job classification that a male employee doing the same work has been given.

Randy Fleischer recognizes the magnitude of this problem and as such, has devoted his practice to fighting gender discrimination, and all types of discrimination in the workplace, for the past 25 years.

His experience extends far beyond representing victims of discrimination in purely legal settings.

Randy Fleischer has served many years as the Chair of the Broward County Human Rights Board and spent time as the Chair and Vice Chair of Broward District’s School Board Diversity Committee. He has also served board terms on the Florida Employment Lawyers Association and National Employment Lawyers Association Affiliate Relations Committee.

Gay, Lesbian, Homosexual, Transsexual Discrimination

Historically, few groups have faced more challenges in the workplace and in society than the Lesbian, Gay, Bi-Sexual, Transgender (LGBT) and Gender Identity communities. Randy Fleischer served on the Broward County Human Rights Board from 1996 until 2011 and moved Broward County to extend rights based on gender identity as Chair of that Board. Broward has protected the rights of the LGBT community since the mid-1990’s in employment, housing, and public accommodations.

Justice Scales and Law BooksOver the past several decades, many legal battles have been fought and won to ensure members of the LGBT community can enjoy the same rights as other people in the United States.

Unfortunately, discrimination against the LGBT community is still prevalent, and oftentimes requires the services of an experienced LGBT attorney. This, despite the fact that throughout most of Florida, it is illegal to fire someone or deny them access to housing or public accommodations because they are lesbian, gay, bisexual or transgender.

While most forms of discrimination are covered under Title VII of the Civil Rights Act of 1964, sexual orientation is not explicitly covered by any federal anti-discrimination law. In addition, The Florida Civil Rights Act only prohibits discrimination in employment based on race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. It does not provide for sexual orientation. In South Florida, county ordinances provide protection, but moving through the administrative requirements to get a remedy can be difficult.

The Law Office of Randy Fleischer recognizes the need to extend protections to the LGBT community and has been involved in several actions that have protected their rights. Armed with these resources, he can vigorously advocate for protections and rights on behalf of his clients and help them earn equal standing in many aspects of their lives.

Mental Disability Discrimination

In 2008, Congress amended the Americans with Disabilities Act (ADA) to more clearly define the intention of the original law. It reversed and cleaned up narrowing Supreme Court decisions to make it easier to interpret and apply the original law as it was intended, to protect the disabled from discrimination.

Courthouse Columns As it stands now, the ADA provides protections that ensure that if an employee is capable of performing a task and they suffer from a disability, they should not be treated any differently than any other person capable of performing that task. This applies to both physical and mental disabilities. These laws are enforced among employers with 15 or more employees.

Under the ADA, a person is considered to have a disability if they have a physical or mental impairment that limits them from doing a major life activity. This includes things such as seeing, hearing, walking, speaking or performing a variety of manual tasks. Coverage is available if there is discrimination based on a medical record regarding physical or mental conditions or if the employer perceives the employee is disabled, even if the employee is not disabled. However, to be covered under the ADA regulations, a person must also be able to perform the functions of the job that they are applying for or where they are currently working. This means they must have the necessary education, skills, and experience to perform the job, whether or not they need ADA accommodations.

Through his 25 years of experience representing victims of discrimination, Randy Fleischer has worked on behalf of several physically and mentally disabled clients to protect their rights in the workplace. He has worked closely with the EEOC to ensure that disability discrimination victims are compensated fairly for acts against them, helping his clients to get hired, promoted, paid back wages and making sure that they are provided with reasonable accommodations to do the job.

Religion & National Origin Discrimination

Ever since our founding fathers put it in writing, the right to freedom of religion has been one of the building blocks of America. Federal and Florida laws have been enacted over the years to further protect this foundational tenet. Closely associated with this is the freedom from discrimination based on a person’s national origin.

However, despite the rights these laws guarantee and the fact that employers have a legal obligation to accommodate religious practices whenever possible, religious and national origin discrimination continues to exist. It can be in the form of:

  • Derogatory comments about a person’s religion or national origin that create a hostile workplace.
  • Forbidding certain styles of clothing or hairstyles related to religion, such as a turban, yarmulke or a Sikh’s long hair and beard.
  • Terminating an employee or scheduling mandatory work events that conflict with time off needed to observe an officially recognized religious holiday.
  • Refusal to accommodate religious practices such as prayers or Sabbath observance when doing so would not create an undue burden on an employer.
  • Denying promotions, raises, hiring or other benefits due to religious beliefs.

Justice Scales in CourtRandy Fleischer has been protecting the religious and national origin rights of clients for more than two decades. He is a passionate defender who aggressively advocates for an employee’s rights to make sure they can enjoy the same freedoms that were part of the principles our nation was founded on.

Prior to opening his practice, Mr. Fleischer was a victim of religious discrimination. He filed EEOC charges before starting law school and filed a pro bono federal lawsuit before his third year. Before graduation Mr. Fleischer settled his case and started his discrimination practice, helping others who are victims of discrimination.

Mr. Fleischer works closely with the Equal Employment Opportunity Commission to enforce Title VII of the Civil Rights Act of 1964 which prohibits discrimination against individuals because of their religion. He also negotiates with employers to make sure they reasonably accommodate the religious practices of an employee through an adjustment in the work environment or in work practices such as flexible scheduling or job reassignments. But when it is necessary, he will file and claim and seek damages for his clients as well.

Florida Commission on Human Rights (FCHR) Attorney

Created in 1969 to enforce the Florida Civil Rights Act, the Florida Commission on Human Rights is charged with preventing unlawful discrimination by ensuring all Floridians have access to opportunities in employment, housing, and certain public accommodations. In addition, the Commission seeks to promote mutual respect among groups through education and partnerships.

Attorney with Arms CrossedInitially created as a community relations-based agency, in 1977 the role of the commission was expanded to also become an enforcement agency. As such, the commission now investigates employment discrimination through administrative and legal channels. For many years the FCHR’s main goal has been dismissing cases within 180 days of a charge being filed, which prevents victims of discrimination from filing a lawsuit. DO NOT FILE AN FCHR CHARGE IF THERE IS ANOTHER AGENCY AVAILABLE FOR FILING!

In his 25 years of practice in discrimination law, Randy Fleischer has witnessed the actions of the Florida Commission on Human Rights on numerous occasions. He has an intimate knowledge of the inner workings of the commission not only through legal proceedings while representing his clients, but also due to the fact that he served as the Chair of the Broward County Human Rights Board and also served on Broward District’s School Board Diversity Committee. Mr. Fleischer rarely allows his clients to file with the FCHR, if you have already done that, there may be another way to protect your rights, but you should contact Mr. Fleischer without delay.

The Law Offices of Randy A. Fleischer, P.A. proudly serves Miami, Ft. Lauderdale, Davie, Sunrise, Plantation, Weston and surrounding Florida communities. For an initial consultation, contact us at 954-472-8401.

Service Areas Include: Fort Lauderdale, Miami, Davie, Sunrise, Plantation, Weston and surrounding Florida communities

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