Employment Law

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees or applicants on the basis of race, color, religion, sex, or national origin. The prohibition covers hiring, firing, pay, job assignments, promotions, layoffs, training, and any other term or condition of employment. Title VII also prohibits workplace harassment based on those protected characteristics and bars retaliation against individuals who oppose discriminatory practices or participate in an EEOC proceeding.

Disparate treatment is intentional discrimination — an employer treats an employee differently because of a protected characteristic such as race, sex, or religion. Disparate impact, by contrast, does not require proof of intent. A disparate impact claim arises when a facially neutral employment policy or practice disproportionately excludes members of a protected class and the employer cannot show the practice is job-related and consistent with business necessity. Both theories are cognizable under Title VII.

Under Title VII, employees may bring claims for discriminatory discharge, discriminatory failure to hire or promote, pay discrimination, harassment or hostile work environment, and retaliation. A hostile work environment claim requires showing that the conduct was severe or pervasive enough to alter the conditions of employment. A retaliation claim requires showing that the employer took a materially adverse action because the employee engaged in protected activity — such as filing an EEOC charge or complaining about discrimination.

In states like Florida that have a state agency authorized to remedy discrimination — called deferral states — a charge must be filed with the EEOC within 300 days of the discriminatory act. In non-deferral states, the deadline is 180 days. These deadlines are strict; failing to file a timely charge will generally bar a Title VII lawsuit in federal court. Because the clock starts running from the date of each discrete discriminatory act, it is important to consult an employment attorney as soon as possible.

Title VII applies to private employers with 15 or more employees, employment agencies, labor organizations, and federal, state, and local governments. Employers with fewer than 15 employees are not covered by Title VII, though they may still be subject to state or local anti-discrimination laws. An employee count below the threshold is an affirmative defense the employer must raise; courts count all employees on the payroll for each working day in 20 or more calendar weeks in the current or preceding year.

Title VII prohibits an employer from retaliating against an employee or applicant for asserting their rights under the law. Protected activity includes filing a charge of discrimination with the EEOC, opposing an employment practice the employee reasonably believes violates Title VII, and testifying or participating in a Title VII investigation or proceeding. To establish a retaliation claim, an employee must show that they engaged in protected activity, that the employer took a materially adverse action against them, and that the adverse action was causally connected to the protected activity.

The Fair Labor Standards Act requires covered employers to pay non-exempt employees one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. Whether an employee is exempt turns on their duties and salary, not their job title. The most common exemptions — executive, administrative, and professional — each require that the employee earn at least a specified minimum salary and perform duties that primarily involve management, the exercise of discretion, or advanced knowledge. Employers who misclassify non-exempt employees as exempt may be liable for unpaid overtime.

No — job title alone does not determine exempt status under the FLSA. Exemption turns on two things in combination: salary and job duties. An employee generally must earn at least the applicable minimum salary threshold set by the Department of Labor and perform duties that fall within a recognized exemption category, such as executive, administrative, or professional roles. An employee who earns more than the salary threshold but whose duties do not qualify under an exemption category remains non-exempt and entitled to overtime.

The FLSA recognizes several categories of overtime-exempt employees, including executives, administrative employees, professional employees (such as doctors, lawyers, and dentists with specialized knowledge), outside sales personnel, and certain computer professionals. To qualify, the employee must generally also earn at least the minimum salary threshold established by the Department of Labor. Employees who do not fall within one of these categories are non-exempt and entitled to overtime pay for all hours worked over 40 in a workweek, regardless of how much they earn.

The Age Discrimination in Employment Act of 1967 prohibits employers from discriminating against employees and applicants who are 40 years of age or older. It covers hiring, firing, pay, promotions, and other terms and conditions of employment. The ADEA also prohibits age-based harassment that is severe or pervasive enough to alter the conditions of employment, and bars retaliation against employees who assert their rights under the statute.

To establish a prima facie case of age discrimination, an employee must generally show: (1) they are at least 40 years old; (2) their performance met the employer’s legitimate expectations; (3) the employer took an adverse action against them, such as termination or failure to hire; and (4) the adverse action was because of their age. If the employee makes that showing, the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the action. The employee must then show that reason is a pretext for age discrimination.

The ADEA covers private employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government. Unlike Title VII, which covers employers with 15 or more employees, the ADEA’s threshold is 20 employees. Employers below that threshold are not covered by the ADEA, though they may still be subject to state laws prohibiting age discrimination.