FL Labor & Employment Specialist key terms

Florida law, Chapter 760, barring employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. It covers employers with 15 or more employees and is enforced through the Florida Commission on Human Relations.

The state agency that investigates complaints of discrimination under the Florida Civil Rights Act and related statutes. It receives, investigates, and conciliates charges, and issues determinations that complainants may use to pursue civil actions.

A formal written complaint alleging unlawful employment discrimination, filed with an enforcement agency such as the FCHR or EEOC. It triggers investigation and must generally be filed within strict deadlines before a lawsuit may proceed.

A notice issued by an enforcement agency releasing a complainant to file a private lawsuit. Under Florida practice it may issue after the agency closes its investigation or after a set period, and federal law imposes its own issuance rules.

The federal statute prohibiting employment discrimination based on race, color, religion, sex, and national origin. It covers employers with 15 or more employees and underpins many claims also brought under Florida law.

A group of people identified by a characteristic such as race, sex, age, disability, or religion that laws shield from discriminatory treatment. Employment decisions that disadvantage someone because of membership in such a group can be unlawful.

Intentional discrimination in which an employer treats an applicant or employee differently because of a protected characteristic. It is typically proven through direct evidence or circumstantial evidence using a burden-shifting framework.

A neutral policy or practice that is not intentionally discriminatory but disproportionately excludes or disadvantages members of a protected class. Liability can arise unless the employer shows the practice is job-related and consistent with business necessity.

The burden-shifting analysis used for circumstantial discrimination claims. The employee must first establish a prima facie case; the employer then offers a legitimate nondiscriminatory reason; the employee must show that reason is pretext.

The initial set of facts a claimant must show to raise a presumption of discrimination, such as protected status, qualification, an adverse action, and differing treatment. Meeting it shifts the burden of explanation to the employer.

A stated reason for an employment decision that is false or not the real motivation. Showing pretext helps a claimant prove that discrimination, rather than the employer's explanation, drove the decision.

A materially significant change in employment terms or conditions, such as termination, demotion, pay cut, or failure to promote. Minor slights generally do not qualify, though retaliation claims may reach conduct that would deter a reasonable worker.

Harassment so severe or pervasive that it alters the terms or conditions of employment and creates an abusive atmosphere. The conduct must be subjectively and objectively offensive and based on a protected characteristic.

Unwelcome sexual conduct in the workplace that is a condition of employment, a basis for decisions, or severe or pervasive enough to create a hostile environment. Florida and federal law both prohibit it.

Harassment in which submission to unwelcome conduct is made a term or condition of employment or used as a basis for employment decisions. It typically involves a supervisor with authority over the employee.

A significant change in employment status, such as hiring, firing, failing to promote, or a decision causing a significant change in benefits. It usually must be taken or approved by a supervisor to trigger strict employer liability in harassment cases.

Legal responsibility an employer bears for acts of its supervisors or employees committed within the scope of employment. In harassment cases, the employer's liability and available defenses depend on the harasser's role and whether action was taken.

A defense available to employers facing supervisor harassment claims when no tangible employment action occurred. The employer must show it exercised reasonable care to prevent and correct harassment and that the employee unreasonably failed to use protective procedures.

Adverse action taken against an employee because the employee opposed unlawful practices or participated in an investigation or proceeding. Retaliation is separately prohibited even when the underlying discrimination claim fails.

Conduct such as filing a charge, complaining about discrimination, or participating in an investigation that the law shields from retaliation. The employee must reasonably believe the opposed conduct is unlawful.

A change to the job, schedule, workplace, or procedures that allows a qualified person with a disability to perform essential functions or enjoy equal benefits. Employers must provide it unless doing so causes undue hardship.

Significant difficulty or expense that would result from providing an accommodation, considering the employer's resources, size, and operations. It is the standard that excuses an employer from accommodating a disability.

The good-faith dialogue between employer and employee to identify barriers and possible accommodations for a disability. Both sides must participate, and failure to engage can itself support a discrimination claim.

Federal law prohibiting discrimination against qualified individuals with disabilities and requiring reasonable accommodation. It covers employers with 15 or more employees and overlaps with Florida's disability discrimination protections.

The fundamental job duties that a position requires, as distinguished from marginal tasks. Identifying them helps determine whether an individual with a disability is qualified and what accommodations are reasonable.

Federal law protecting workers age 40 and older from age-based discrimination in hiring, pay, promotion, and termination. It covers employers with 20 or more employees and has special waiver and jury trial rules.

Federal law granting eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, birth, adoption, or care of a family member. It requires continued health benefits during leave.

An employee who meets statutory requirements for leave protection, generally 12 months of service and 1,250 hours worked in the prior year at a covered worksite. Determining eligibility is the first step in analyzing an FMLA request.

An illness, injury, or impairment requiring inpatient care or continuing treatment by a health care provider, such as a period of incapacity plus treatment. It is the trigger for many FMLA leave requests.

FMLA leave taken in separate blocks of time for a single qualifying reason, such as medical appointments or flare-ups. Employers may require certification and may transfer the employee to an equivalent alternative position in some cases.

Federal wage and hour law setting minimum wage, overtime, recordkeeping, and child labor standards. Florida also has a state minimum wage that employers must follow when it exceeds the federal rate.

An employee excluded from FLSA minimum wage and overtime requirements because the position meets salary and duties tests, such as executive, administrative, or professional roles. Misclassification can create significant liability.

An employee entitled to minimum wage and overtime pay for hours worked beyond 40 in a workweek. Most hourly workers fall in this category, and employers must track their time accurately.

Pay at one and one-half times an employee's regular rate for hours worked over 40 in a workweek, required for non-exempt employees. Regular rate includes most bonuses and incentives, not just base hourly pay.

The state wage floor set by constitutional amendment and adjusted annually, which employers must pay when it is higher than the federal minimum. Tipped employees may be paid a lower direct wage with a tip credit.

An allowance letting employers count a portion of employees' tips toward the minimum wage, provided the employer informs workers and the combined amount meets the required floor. Improper use can create wage violations.

The default Florida rule allowing either employer or employee to end the relationship at any time, for any lawful reason or no reason. It does not permit termination for illegal reasons such as discrimination or retaliation.

A discharge that violates a statute, contract, or recognized public policy, as opposed to a lawful at-will ending of employment. Claims often rest on discrimination, retaliation, or whistleblower statutes.

Legal safeguards against retaliation for reporting illegal or unsafe conduct. Florida's private and public whistleblower statutes impose notice and timing requirements that differ from federal retaliation claims.