personal injury - employment law - commercial litigation
Employer Race Discrimination (42 U.S.C. 1981 Race Claims)
Serving all of Pasco County including Bayonet Point, Crystal Springs, Dade City, Elfers, Holiday, Hudson, Land O' Lakes, New Port Richey, Odessa, Port Richey, Saint Leo, San Antonio, Shady Hills, Trilby, Trinity, Wesley Chapel & Zephyrhills.
Serving North Pinellas including Crystal Beach, Clearwater, Countryside, Dunedin, Oldsmar, Palm Harbor, Safety Harbor and Tarpon Springs.
Serving all of Hernando County including Brooksville, Masaryktown, Spring Hill, Timber Pines and Weeki Wachee.
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This post-Civil War legislation provides potential liability to employers who should be aware of the following salient points.
The law prohibits discrimination based upon race. The law applies to all employers, regardless of the number of employees.
Race includes much more than African Americans as the law at the time the statute was passed controls. Individuals of middle-eastern descent, for example, are protected under the law.
No pre-suit administrative requirements exist.
The statute of limitation is much longer than other federal fair employment laws. In Florida, the statute of limitations is four years.
The law allows for punitive damages against the employer.
If an employer is found to have violated the law, the employer must pay the employee’s attorneys’ fees.
Claims may be brought in either state or federal court.
Individual managers may have personal liability.
I personally represent employers facing employment law challenges in the state and federal courts as well as before various regulatory agencies. Consultations are free and referrals are always appreciated.