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305-487-0942
Law Offices of Mark J. Beutler, P.A.
Serving Miami-Dade, Broward and Monroe Counties
Employment Discrimination and Retaliation
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Employment Discrimination
Employment discrimination occurs when an employee suffers an adverse employment action as a result of his or her race, sex, religion, age, disability, handicap, military or veteran status, sexual orientation, sexual identity, familial status, marital status, or union affiliation, among other protected categories. Similarly, employment discrimination occurs when an employee is harassed on the job as a result of one of the foregoing protected categories. In order to provide equal employment and advancement opportunities to all individuals, employment decisions should be based on merit, qualifications, experience, skills and abilities.
Religious Accommodation
Anti-discrimination law also requires that employees be able to obtain exception to rules or policies in order to follow their religious beliefs or practices where granting the exception would not impose an undue hardship on the employer. Employers may grant these accommodations for religious reasons but still refuse to grant them when sought for non-religious reasons. Examples of common religious accommodations include:
- An employee needs an exception from the company's dress code for a religious practice, e.g., a Muslim woman who wears a religious headscarf; or a Jewish man who wears a yarmulke.
- A Catholic employee needs a schedule change so that he can attend church services on Good Friday;
- A Muslim employee needs a break schedule that will permit daily prayers at prescribed times;
- An employee needs a schedule adjustment to avoid working on the Sabbath.
Retaliation
Employment retaliation occurs when an employee suffers an adverse employment action as a result of the employee exercising a legal right. For example, an employee cannot be subjected to an adverse employment action because he or she has sought workers’ compensation benefits; has objected to differential treatment as a result of a protected category; has taken time off pursuant to the Family and Medical Leave Act; or has complained about his or her employer’s commission of an illegal act.
Mark Beutler has extensive experience representing deserving employers and employees in such actions in all courts, administrative agencies, and arbitration panels.