MIAMI, FL – Workers terminated for protected characteristics such as race, age, gender, disability, or religion may have legal recourse under Florida and federal anti-discrimination laws. Miami wrongful termination attorneys Jason Berkowitz and Anisley Tarragona of BT Law Group, PLLC (https://btattorneys.com/what-is-wrongful-termination-based-on-discrimination-in-miami-florida/) explain the legal protections available to employees who believe they were fired due to discrimination rather than legitimate performance concerns.
According to Miami wrongful termination attorneys Jason Berkowitz and Anisley Tarragona, discrimination-based wrongful termination occurs when employers fire employees because of protected characteristics covered under Florida Statutes § 760.10 and federal laws, including Title VII of the Civil Rights Act. Protected characteristics include race, color, religion, gender, pregnancy, national origin, age, disability, and marital status under Florida law.
Miami wrongful termination attorneys Jason Berkowitz and Anisley Tarragona emphasize that Florida’s at-will employment doctrine does not permit discriminatory terminations. While employers generally have broad discretion to terminate employees, both the Florida Civil Rights Act and federal anti-discrimination laws create clear boundaries that employers must respect regardless of at-will status.
“At-will employment does not give employers unlimited power,” explains Berkowitz. “Terminations based on race, age, gender, disability, or other protected characteristics remain illegal even in at-will states like Florida.”
Attorneys Berkowitz and Tarragona note that Miami workers have protections under multiple layers of law. Florida Statutes § 760.10 applies to employers with 15 or more employees, while Title VII provides federal baseline protections. The Age Discrimination in Employment Act protects workers 40 and older, and the Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities. Miami-Dade County provides additional protections through local ordinances enforced by the Miami-Dade County Commission on Human Rights at 111 NW 1st Street.
The firm explains that proving discrimination requires either direct evidence or circumstantial evidence showing the termination occurred because of a protected characteristic. Direct evidence includes explicit statements or documents revealing discriminatory intent, though such evidence is rare. Most cases rely on circumstantial evidence demonstrating disparate treatment compared to employees outside the protected class.
“Timing can support discrimination claims,” Tarragona notes. “If someone is fired shortly after reporting harassment, requesting religious accommodation, or announcing pregnancy, this timing suggests a discriminatory or retaliatory motive.”
Berkowitz and Tarragona advise Miami workers who experience discriminatory termination to take immediate action. Employees must file charges with the Equal Employment Opportunity Commission Miami District Office at 100 SE 2nd Street, Suite 1500, or the Florida Commission on Human Relations before filing lawsuits. In Florida, employees have 300 days from the discriminatory act to file EEOC charges when claiming violations of both federal and state law, or 365 days for state law claims with the FCHR.
The attorneys emphasize that successful discrimination claims can result in significant compensation. Available remedies include back pay, front pay, compensatory damages for emotional distress, punitive damages, reinstatement, and attorney’s fees. Unlike federal law, the Florida Civil Rights Act places no cap on compensatory damages, though punitive damages are capped at $100,000 under Florida Statutes § 760.11.
“Florida state law offers some advantages over federal law,” adds Berkowitz. “Miami employees may recover more under state law than federal law in cases involving significant emotional distress because there is no cap on compensatory damages.”
The firm’s work-sharing agreement between the EEOC and Florida Commission on Human Relations means filing with one agency automatically preserves rights under both federal and state law. This dual filing protects employees without requiring separate submissions to each agency.
For Miami workers who suspect their termination was based on protected characteristics rather than legitimate performance issues, consulting with experienced employment counsel can help evaluate claims, gather evidence, and navigate administrative filing requirements. Missing filing deadlines can permanently bar discrimination claims. To schedule a confidential consultation, contact BT Law Group, PLLC at (305) 507-8506.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based law firm dedicated to employment law with a focus on wrongful termination, discrimination, harassment, retaliation, and wage violations. Led by attorneys Jason Berkowitz and Anisley Tarragona, the firm represents employees throughout Miami-Dade County and South Florida in federal and state courts as well as before administrative agencies. For consultations, call (305) 507-8506.
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