Welcome to Florida Restaurant Law. This site is the work of Lowell J. Kuvin, Esq. a Florida attorney who after 25 years in the restaurant and hospitality business decided to become a lawyer so he could fight for hospitality and restaurant worker's rights.

EEOC - What do they do?

U.S. Equal Employment Opportunity Commission - EEOC investigates complaints of job discrimination based on race, color, religion, sex (including pregnancy), national origin or disability. They also investigate complaints of age discrimination by older workers (age 40 or older).

The Federal laws prohibiting job discrimination are:

* Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
* the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
* the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
* Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
* Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
* the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

 

Employment discrimination

Florida is a "Right to Work State." That means that employees have the right to quit their job whenever they like. However, employers have the right to let you go whenever they please too so long as they do not let you go for a reason that is protected by state or federal law. A few of the prohibited reasons for discharging an employee are race, religion, national origin, gender, and age. Local municipalities may have their own ordinances which offer more protection in addition to State and Federal laws. For a more comprehensive explanation of prohibited reasons for discharge, refusing to hire, significant change to your work schedule, please contact our office for a free analysis of your facts and the laws in the City where you work.

how to File a Claim?

The deadline for filing with the EEOC generally is 180 days from the discriminatory act. There may be a longer deadline if your state has its own investigating body.

In order to file a claim of discrimination with the EEOC you first need to identify which law your claim derives from. Age discrimination claims are brought under the ADEA, the Age Discrimination in Employment Act of 1967. Sexual Harassment claims are prosecuted under Title VII of the Civil Rights Act of 1964. A single incident can sometimes lead to multiple claims such as when an employee is fired because of their gender and age. It is for reasons like this that I would suggest consulting with an attorney prior to filing any type of claim. The attorney can help you to identify which area of the law that your claim falls under and they can also help you to frame the issues and include important facts that may be over looked by you or the EEOC intake person.

After you have identified the nature of your claim(s), you can file an EEOC claim in person, by mail or by telephone (1-800-669-4000). If you chose to do it online go to the local EEOC web site and fill out the questionnaire. You must provide your name, address and telephone number, and you must provide information on your employer and provide a concise description and the dates of the discriminatory actions. When you are finished you will be presented with a choice to either submit your claim through the web site or to print it out and mail it in.

 

eeoc laws vs. Local Laws

The EEOC is a federal agency. The laws they enforce are also federal and are derived from legislation passed by congress and signed by the president. The rights they protect come from the U.S. Constitution and its amendments. The right against discrimination is derived from the fourteenth amendment.

States have their own constitutions which include at a minimum, the same rights as the U.S. Constitution. However, some states include additional rights such as Florida which guarantees its citizens the “right to work.”  Additional rights can be granted by local governments such as Miami-Dade County which does not allow discrimination based on sexual orientation. The ban on sexual orientation discrimination is not found in the Florida State or the U.S. Constitution.

Therefore, the EEOC would not be able to process a claim for sexual orientation discrimination because the set of laws that it uses does not recognize that specific right. However, an attorney would be able to litigate this type of claim within the frame work of the local laws and ordinances.

 

recent eeoc settlements