Fort Lauderdale Employment Law Blog

For years, women in Florida and across the United States have fought for equal representation in the workforce. Though many strides have been made, one place where women still are not represented equally is in the tech industry. Previous studies have noted gender bias and discrimination in this field; recent studies show that bias still exists in STEM.

One study in the United Kingdom polled women who worked in the technology industry. Of those polled, 49% had experienced some form of workplace discrimination, and 20% had resigned from a position in the tech field due to harassment or discrimination. Though most of those polled felt that a lack of diversity in the technology field was an issue, women were more likely to feel this way than men.

Florida workers and others who are treated differently than their colleagues are because of their gender or other attributes could be victims of workplace discrimination. While it can feel awkward for an individual to report what he or she has experienced, it is important to be heard. At a minimum, workers should document what has happened to them, and they should get copies of anything that they may not be able to retrieve if they are fired.

For instance, it may be worthwhile to obtain a copy of an employee handbook or emails sent by a manager to a worker through a company email server. Individuals should be careful about who they report any misdeeds to. Although talking to HR about harassment in the workplace may seem like a natural step, it's important to understand that this department is there to look out for the employer.

Age discrimination in Florida and around the country not only affects targeted workers but can have a serious impact on the economy as a whole, according to a report issued by AARP. Researchers note that if older workers continue to face discrimination in hiring, terminations, or promotions, the American economy could lose up to $850 billion as a result. People over 50 generated 40% of the country's overall GDP in 2018, contributing $8.3 trillion to the economy overall. This financial contribution exceeded this group's percentage of the overall population, which sits at 35%, even though many older Americans are retired or working fewer hours.

The report notes that the economic contributions of Americans over 50 are expected to reach $28.2 trillion before 2050, but that this potential is limited by age discrimination. Discrimination based on age is unlawful under federal law, but older workers continue to face underemployment, difficulties finding new jobs or involuntary retirement. Another report noted that older workers were particularly vulnerable to wage stagnation. One of the most effective ways for workers to seek higher pay is to apply for new jobs at another company. However, older workers may face more difficulty finding a newer job, holding them back from achieving their full pay potential.

During the 2019 fiscal year, the Equal Employment Opportunity Commission received 72,675 workplace discrimination charges from employees in Florida and throughout the country. EEOC data indicates that 53.8% of all discrimination claims during that period were related to employer retaliation. It was the most common type of discrimination claim the EEOC received during the period. Complaints related to disability comprised 33.4% of discrimination claims.

Claims related to discrimination based on sex, race and age were also among the top 10 most common discrimination charges leveled against employers in fiscal year 2019. The EEOC found that 69.5% of all discrimination charges were without cause, and it also found that 70% of retaliation claims made during the 2019 fiscal year lacked cause. Of the 7,514 sexual harassment charges the EEOC received, it found that 54.6% did not have any basis to them.