Asked in Employment Law and Employment Discrimination for Florida

Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Employment Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the comparator employees in the same position and circumstances as you, with there being a clear difference regarding one of the "protected classes" I mentioned above? If not, it is unlikely you have a potential unlawful discrimination claim. There are situations where a supervisor simply doesn't like an employee, for reasons other than the "protected class" categories, or makes arbitrary, unfair decisions for reasons other than those categories, and if that's all that can be established, there is no potential discrimination claim. If you do think you have a potential claim, schedule a consultation with an attorney handling employment law.

Linda Liang agrees with this answer

Linda Liang
PREMIUM
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person's race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. You need to know what category your situation fits into. You can hire an attorney any time. But you have to weight your loss against gain.

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