Approximately three out of every five employees in Florida and throughout the U.S. have suffered or witnessed workplace discrimination based on age, gender, race, sexual orientation or gender identity, according to a new survey. The survey, entitled "The 2019 Diversity and Inclusion Study," was conducted by the Harris Poll and published by Glassdoor.
While many companies in Florida and across the country have expressed their commitment to diversity in the workplace, racial discrimination continues to pose a significant problem for workers in a wide range of industries. Around 33% of employed Americans said that they had experienced or seen some form of discrimination based on race according to an online survey conducted by Glassdoor, an employment review site. A Glassdoor spokesperson said that companies should examine the results of the study to implement more meaningful policies to combat discrimination and improve diversity.
Florida residents and others over the age of 40 are generally covered by the Age Discrimination in Employment Act of 1967 (ADEA). This legislation applies to those who work in the private sector as well as for the government. However, the 9th Circuit ruled that age discrimination is acceptable as long as it isn't the main reason why an employment decision was made. The same conclusion was reached in another case heard by the 11th Circuit.
Despite the many legal workplace protections, too many workers continue to face discrimination in Florida and across the United States. The U.S. Supreme Court is now hearing several cases addressing discrimination against workers on the basis of gender identity or sexual orientation. These cases have thrown a light on the general issue of workplace discrimination nationwide. While the Obama administration's Justice Department and some appeals courts have considered these matters to be a form of sex discrimination, the Trump administration and others disagree.
Disparate impact in Florida occurs when the business practices at your place of employment, or a place where you would like to work, have a disproportionately negative effect on individuals of a protected class, even though there is no intent to discriminate behind the practice. According to FindLaw, it is difficult to prove a case of disparate impact in court. It often requires considerable statistical analysis to demonstrate that members of your protected class are experiencing a negative outcome more often and more consistently than members of other groups. For this reason, the court considers each claim on a case-by-case basis.
A hairstyle is an often personal, sometimes artistic expression of a person's self. Many people of color experience discrimination in the workplace based on their hairstyles and this issue is becoming more and more relevant as people come forward to speak about discriminatory experiences. In this case, Forbes urges employers to reassess their policies on personal grooming to ensure they're not inadvertently using a discriminatory practice.
Those who are subjected to disability discrimination may encounter a number of challenges in their lives, both from a short-term standpoint and a long-term perspective as well. Anger, depression and anxiety are common, especially if someone is struggling with financial problems due to the discrimination or they are facing challenges in their career. Unfortunately, disability discrimination is more prevalent than many people realize, especially since some people have difficulty identifying this type of mistreatment when it takes place. Worse, some managers and employers who break the law deny wrongdoing, which can make it harder for victims to recover.
Often, when people think about discrimination in the workplace, they picture businesses with a brick-and-mortar presence where employees are physically present while performing their job duties. However, it is important to keep in mind that workers may be subjected to various types of discrimination even if they do not have to physically show up to work every day. Thanks to rapid technological advancements, an increasing number of people telecommute, which can be very convenient for workers and employers alike. Unfortunately, discrimination also takes place in these scenarios as well, and we will review some examples in this post.
As an older person seeking employment in Florida, you may find that you face an uphill battle, and that you are up against certain hurdles you did not typically face when you were younger. Unfortunately, age discrimination is alarmingly common across Florida and the United States, despite the fact that there are laws in place banning employers from discriminating on the basis of age. At the Law Office of Michelle Cohen Levy, P.A., we recognize that there are certain protections in place for American workers who are 40 or older, and we have helped many victims of this type of treatment pursue appropriate recourse in the aftermath.
Microaggressions are seemingly minor expressions of prejudicial sentiment that can have a major impact. Even if the perpetrator meant no harm the victim of the state could be left feeling uncomfortable, offended, and even unwelcome in the workplace. The American Psychological Association offers the following tips on how to address microaggressions in professional settings.