How To Prove Discrimination At Work In Florida?

It never feels good to be singled out for negative attention. If your employer has been treating you differently at work based on your presence within a protected class, you could be facing more than just unfair treatment. That could be considered discrimination. The question is, how to prove discrimination at work in Florida?

The simple answer is that to prove discrimination at work in Florida, you should hire a Fort Lauderdale employment lawyer. An employment lawyer can help you understand what qualifies as discrimination and gather evidence that shows you were discriminated against at work.

What’s Considered Discrimination?

Employment discrimination in the Sunshine State can occur as a one-time event or can involve a pattern of behavior in which a worker is treated unfairly by their employer based on one or more protected characteristics. Protected characteristics include:

• Race
• Color
• National origin
• Religion
• Gender
• Sex
• Disability status
• Pregnancy status
• Age over 40
• Genetic information

Employers are prohibited from discriminating against workers or job applicants because of their presence in a protected class. That includes decisions regarding:

• Hiring
• Promotions
• Compensation
• Job assignments
• Termination

If you’re not sure whether you’re facing true workplace discrimination, you should consult an employment lawyer to discuss the details of your case before submitting a claim with the EEOC.

What You Need to Prove in a Workplace Discrimination Case

You’ll need to prove four things to move forward with your workplace discrimination case. You’ll have to provide evidence that:

• You are in a protected class. You’ll need to prove that you belong to a protected class under state or federal laws. A good example would be providing medical records to show that you have a disability.
• You suffered an adverse employment decision. Your employer must have taken an action that negatively impacted you in the workplace. You don’t have to get fired for it to be considered discrimination. Denying promotions, lowering your pay for no reason, or altering your job duties to harm your career prospects can all qualify, as well.
• You’re qualified for the job. You’ll need to show that you were meeting the expectations set forth by your employer and fulfilling your job qualifications. In other words, you must prove that your performance made you qualified for the position.
• Your employer’s actions were discriminatory. Finally, you’ll need to show that the adverse action taken by your employer was directly motivated by discriminatory intent.

Types of Evidence in Employment Discrimination Cases

To back your EEOC claim and any subsequent claim you file in civil court, you’ll need to provide evidence. That evidence can include:

• Personal testimony. Your personal testimony could include both written statements taken when the incident occurred and your oral testimony given under oath. It will establish a timeline of events and begin to demonstrate a pattern of discrimination.
• Third-party testimony. While your testimony can be a powerful tool, third-party testimony can add further credibility to your claim. Third parties can include coworkers, supervisors, HR representatives, or even psychologists and other industry professionals.
• Documentation. If you have any documentation to back up your claim of discrimination, you should provide it. Documentation often includes messages exchanged with your employer via email or text, performance reviews, formal complaints, written warnings, and employment contracts.

Your Chances of Success

In 2024, the EEOC received 88,531 claims nationwide. A disheartening 6,611 of them came from Florida. There’s also some good news, though. The EEOC managed to recover almost $700 million last year for 21,000 victims of discrimination.

More than $469 million of the money recovered by the EEOC was recovered through processes like mediation, conciliation, and settlements with no need for courtroom proceedings. However, over $40 million was also recovered because of litigation resolutions.

Whether you can settle outside of court or must resort to litigation depends in part on the skill of your lawyer. Working with an experienced fort lauderdale discrimination lawyer can help you navigate the process as easily as possible.

FAQs

How Do I Prove Discrimination at Work in Florida?

You can prove discrimination at work in Florida with the help of a discrimination attorney. Your attorney will help you gather and evaluate evidence and witness statements that show you have a protected disability, you are qualified for your job, you suffered an adverse employment action, or similar employees without disabilities were treated better.

What Evidence Do I Need to Prove Discrimination?

The evidence you need to prove discrimination varies depending on the specifics of your case. It can include circumstantial evidence, such as being treated differently from employees outside of your protected class, as well as proof of discriminatory comments. Evidence can include emails, performance reviews, and witness testimony. You may also be able to demonstrate inconsistencies in the application of company policies.

What Are the Employment Law Changes for Florida in 2025?

The employment law changes for Florida in 2025 apply to all workers, including those with disabilities. They are focused on the enforceability of non-compete agreements and updates to leave policies. Federal overtime thresholds are also changing, affecting Florida laws, and the state’s minimum wage rose to $14/hour in Sept 2025.

What Qualifies as Discrimination at Work?

What qualifies as discrimination at work includes any action an employer takes that treats an employee or job applicant unfairly based on a protected status, disability, or in retaliation for filing another claim. The EEOC is responsible for enforcing federal laws regarding workplace discrimination, so if you’re experiencing this problem, you should turn to them first.

Hire a Discrimination Lawyer

If you’re concerned that you may be facing discrimination in the workplace, you should hire a discrimination lawyer right away. The team here at The Law Office of Michelle Cohen Levy, P.A., is here for you. We’re deeply familiar with Florida discrimination laws and know how they apply to different situations. We’ve taken on countless discrimination cases, helping clients file claims with the EEOC and in civil court. We can help you, too. Contact us to schedule a consultation.