EEO & Employment Law Guide for Fort Lauderdale, Florida

Introduction: Why Employment Law Matters in Fort Lauderdale

Fort Lauderdale’s economy is powered by tourism, marine services, aviation, and an expanding technology sector. Whether you work for a beachfront hotel on North Federal Highway, a cruise­-ship supplier at Port Everglades, or a start-up near Cypress Creek, you are protected by a network of federal and Florida employment laws. Understanding those protections is critical if you believe your employer has violated the Equal Employment Opportunity (EEO) Act, the Florida Civil Rights Act (FCRA), the Fair Labor Standards Act (FLSA), or related statutes. This guide—written from an employee-focused perspective—explains the rights, deadlines, and practical steps Fort Lauderdale workers need to know.

Understanding Your Employment Rights in Florida

The At-Will Doctrine and Its Exceptions

Florida is an at-will employment state. Unless you have an employment contract, a collective bargaining agreement, or fall under a statutory exception, your employer can terminate you for almost any reason—or no reason—except an illegal one. Unlawful reasons include discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity under Title VII), national origin, age (40+), disability, genetic information, or marital status (covered under the FCRA, Fla. Stat. §760.10).

Key Federal and State Statutes

• Title VII of the Civil Rights Act of 1964 – Prohibits workplace discrimination based on protected traits. Covered employers: 15+ employees.

• Florida Civil Rights Act (Fla. Stat. §760.01-§760.11) – Mirrors Title VII and adds marital status protection. Filing with the Florida Commission on Human Relations (FCHR) is required within 365 days of the discriminatory act.

• Fair Labor Standards Act (29 U.S.C. §201 et seq.) – Guarantees federal minimum wage ($7.25), overtime pay (1.5× after 40 hours), and restricts child labor. Florida’s higher minimum wage ($12.00 as of Sept. 30, 2023) applies when more generous.

• Americans with Disabilities Act (ADA) – Requires reasonable accommodations for qualified workers with disabilities. Applies to employers with 15+ employees.

• Age Discrimination in Employment Act (ADEA) – Protects workers 40 and older.

Other important laws include the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and Florida’s Private Whistleblower Act (Fla. Stat. §448.102).

Common Employment Law Violations in Florida

Discrimination and Harassment

EEOC charge statistics show that retaliation and disability discrimination claims have increased statewide. In Fort Lauderdale’s diverse workforce, common claims involve language-based national-origin bias, pregnancy discrimination in hospitality roles, and age discrimination in the aviation sector.

Wage and Hour Violations

Service-industry workers often face tip-credit miscalculations, unpaid overtime, and off-the-clock work. Under the FLSA, non-exempt employees must receive overtime pay for hours exceeding 40 in a workweek. Florida follows the same standard. Misclassifying employees as “independent contractors” to avoid overtime remains a frequent violation.

Wrongful Termination

Because Florida is at-will, wrongful termination must tie to an illegal motive or protected activity. Examples include firing an employee for filing a workers’ compensation claim (Fla. Stat. §440.205) or for reporting wage theft.

Retaliation

Both Title VII and the FCRA prohibit retaliation for opposing discrimination or participating in an investigation. Retaliation can include demotion, schedule cuts, or termination.

Florida Legal Protections & Employment Laws

Florida Civil Rights Act (FCRA)

The FCRA provides broader coverage than Title VII in several respects:

• Employers with 15 or more employees are covered (same threshold as Title VII).

• Includes marital status as a protected class.

• You must file a complaint with the FCHR within 365 days of the alleged discrimination. Failure to do so can bar your claim.

If the FCHR does not resolve your charge within 180 days, you may request a right-to-sue letter and file in state court.

Title VII & EEOC Procedures

• File a charge with the EEOC within 300 days of the incident (because Florida has its own fair-employment agency).

• The EEOC may investigate, mediate, or dismiss. If dismissed, you will receive a 90-day right-to-sue letter.

• You can file suit in the U.S. District Court for the Southern District of Florida (Fort Lauderdale Division).

Wage Law: FLSA and Florida Minimum Wage

Florida’s Constitution mandates an annual wage adjustment. As of September 30, 2023, the state minimum wage is $12.00 per hour and will rise to $13.00 on September 30, 2024. Tipped employees must receive a direct wage of $8.98 in 2023. Under the FLSA, you have two years to file suit for unpaid wages (three years if the violation is willful).

Disability Accommodation under the ADA

Employers must engage in an interactive process when an employee requests accommodation. Failing to provide a reasonable accommodation or retaliating for the request violates federal law.

Statutes of Limitations Overview

• Title VII/FCRA: 300/365 days to file administrative charge; 90 days to sue after right-to-sue letter.

• FLSA: 2 years (standard), 3 years (willful).

• ADA: Same as Title VII.

• ADEA: 180/300 days to file with EEOC; 90 days after right-to-sue.

• Florida Whistleblower Act: Lawsuit within 2 years of retaliatory action.

Steps to Take After Workplace Violations

1. Document Everything

Create a contemporaneous record: emails, time sheets, text messages, and witness names. Florida law allows one-party consent audio recording, but consult counsel before recording at work because policies may prohibit it.

2. Review Company Policies

Most courts expect employees to exhaust internal complaint procedures first, particularly for harassment claims (e.g., Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)).

3. File the Appropriate Charge

Discrimination or retaliation: File with the FCHR or EEOC. You can dual-file to preserve both state and federal rights.

Wage claims: You may file a complaint with the U.S. Department of Labor’s Wage and Hour Division or in civil court. Broward County also offers a wage-theft ordinance and intake center.

4. Meet All Deadlines

Missing the 300- or 365-day filing window can permanently bar your claim. Mark key dates immediately.

5. Consider Mediation

The EEOC and FCHR both offer free mediation programs. Mediation may secure reinstatement or monetary relief faster than litigation.

6. Consult an Employment Lawyer

An employment lawyer in Fort Lauderdale, Florida can evaluate jurisdiction, damages, and whether to file in federal or state court.

When to Seek Legal Help in Florida

Indicators You Need Counsel

• Your employer terminated you right after you complained.

• HR ignored your harassment reports.

• Your unpaid wages exceed a few hundred dollars—enough to justify attorney fees.

• You suspect a class or collective action (e.g., widespread off-the-clock work).

Choosing the Right Attorney

Florida attorneys must be licensed by The Florida Bar. Ask about trial experience in the Southern District of Florida and familiarity with FCHR procedures.

Local Resources & Next Steps

Florida Commission on Human Relations (FCHR) – Orlando headquarters; Fort Lauderdale complaints accepted online. EEOC Miami District Office – Handles Broward County charges. U.S. Department of Labor Wage & Hour Division – Florida Offices

• Broward County Professional Development Center – Workforce training and unemployment assistance.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Employment laws change, and their application depends on individual facts. Consult a licensed Florida attorney regarding your specific situation.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.