Protecting Your Rights Against Workplace Discrimination

If you believe you've been discriminated against, harassed, or wrongfully terminated at work, you have legal rights. Phillips, Hunt & Walker has recovered millions for employees in Jacksonville and across Florida who faced unlawful treatment on the job. Our Board Certified employment law attorneys understand the federal and state statutes that protect you, and we fight to hold employers accountable.

John M. Phillips — Board Certified in Civil Trial Law (Florida Supreme Court) | AV Preeminent | Licensed FL, GA, AL, NY, TX, IL, OK, DC | $49.5M Verdict (Largest in Duval County History, 2019)

Why Choose Phillips, Hunt & Walker

• Board Certified in Civil Trial Law — Only 1% of Florida attorneys earn this credential. We have the experience and expertise to take on complex employment cases.
• Proven Track Record — $49.5M verdict in 2019, the largest judgment in Duval County history. We know how to win at trial.
• Contingency Fee — You don't pay unless we recover money for you. No upfront legal fees.
• No Copy Costs — We absorb all document copying expenses. No interest charged on copies.
• Multi-State Licensed — Authorized to practice in Florida, Georgia, Alabama, New York, Texas, Illinois, Oklahoma, and Washington D.C.
• Local Presence — Based in Jacksonville with deep knowledge of Duval County courts, judges, and employment practices.

Types of Employment Discrimination

Federal and state law prohibit discrimination based on protected characteristics. If your employer treated you unfavorably because of any of the following, you may have a discrimination claim:

Race Discrimination

Treating an employee unfavorably because of their race or color, including discriminatory decisions about hiring, promotion, pay, work assignments, discipline, or termination. This includes harassment based on stereotypes or racial slurs.

Sex and Gender Discrimination

Discrimination based on sex, including pregnancy, childbirth, pregnancy-related medical conditions, sexual orientation, and gender identity. Examples include unequal pay, denial of benefits, adverse job actions, and biased performance reviews.

Age Discrimination (ADEA)

Unlawful treatment of employees age 40 and over because of their age. Common examples: replacement with younger workers, age-based comments from supervisors, exclusion from training or promotions, and forced early retirement.

Disability Discrimination (ADA)

Discrimination against employees with disabilities or perceived disabilities. Employers must provide reasonable accommodations unless it causes undue hardship. Failure to accommodate, hostile treatment, or ]ermination due to disability is illegal.

Religion Discrimination

Unfavorable treatment because of religious beliefs, practices, or observances. Employers must reasonably accommodate religious needs (prayer breaks, dress codes, scheduling) unless it creates undue hardship.

National Origin Discrimination

Discrimination based on country of origin, accent, language, or ethnic characteristics. Includes harassment, exclusion from opportunities, and decisions to hire or promote based on national origin.

Pregnancy Discrimination

Unfavorable treatment because of pregnancy, childbirth, or related medical conditions. Employers cannot demote, terminate, or deny benefits or opportunities because an employee is pregnant or on pregnancy-related leave.

Sexual Harassment

Unwanted sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature that affects employment or creates an intimidating, hostile, or offensive work environment. Quid pro quo harassment (benefits contingent on sexual cooperation) and hostile work environment harassment are both illegal.

Retaliation

Adverse action taken against an employee for complaining about discrimination, reporting harassment, filing an EEOC charge, participating in an investigation, or opposing unlawful employment practices. Retaliation includes termination, demotion, pay cut, hostile work environment, or any negative employment action.

Whistleblower Retaliation

Protected whistleblowers cannot be retaliated against for reporting illegal conduct, safety violations, wage/hour violations, fraud, or violations of public policy. Retaliation includes termination, demotion, harassment, or any adverse employment action.

Types of Wrongful Termination

Wrongful termination occurs when an employer fires an employee in violation of law, public policy, or contract. Florida law recognizes several wrongful termination claims:

Discriminatory Termination

An employee is fired because of a protected characteristic: race, color, religion, sex, national origin, age (40+), disability, or other protected status. This violates federal law (Title VII, ADEA, ADA) and Florida law (FCRA).

Retaliatory Termination

An employee is terminated in retaliation for protected activity: filing an EEOC complaint, reporting workplace violations, participating in an investigation, or opposing unlawful practices.

Breach of Contract Termination

An employer violates an employment contract—whether written, implied, or created through handbook provisions—by terminating an employee without cause or proper notice as promised.

Violation of Public Policy

An employee is fired for refusing to commit an illegal act, performing a legal obligation (jury duty, voting), or exercising legal rights. Florida recognizes this as wrongful termination under public policy doctrine.

Constructive Discharge

An employee is forced to resign by intolerable working conditions: harassment, threats, reassignment, pay cuts, or other adverse changes so severe that a reasonable person would feel compelled to quit. In legal terms, you're treated so badly that you have no choice but to leave.

Federal Employment Laws That Protect You

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees. You must file an EEOC charge within 300 days of the unlawful act (in Florida) to preserve your federal claim.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against qualified employees with disabilities and requires employers to provide reasonable accommodations. Applies to employers with 15 or more employees. You have 300 days (or 365 days in Florida) to file an EEOC charge.

Age Discrimination in Employment Act (ADEA)

The ADEA protects employees age 40 and older from age-based discrimination. Applies to employers with 20 or more employees. File an EEOC charge within 300 days of the discrimination.

Equal Pay Act

Requires equal pay for equal work regardless of sex. Employees in the same job performing substantially similar work under similar conditions must receive equal compensation. File an EEOC charge within 300 days.

Family and Medical Leave Act (FMLA)

Covers eligible employees at employers with 50+ employees. Provides 12 weeks of unpaid, job-protected leave for serious health conditions, family care, military service, or qualifying exigencies. Retaliation for taking FMLA leave is illegal.

Genetic Information Nondiscrimination Act (GINA)

Prohibits discrimination based on genetic information (family medical history, genetic tests, requests for genetic services). Applies to employers with 15+ employees.

Florida Employment Laws

Florida law provides additional protections beyond federal law. Our attorneys are expert in state claims that can strengthen your case:

Florida Civil Rights Act (FCRA) — Chapter 760, Florida Statutes

Section 760.10 — Unlawful Employment Practices: Prohibits discrimination in hiring, compensation, terms, conditions, and privileges of employment based on race, color, religion, sex, national origin, age, disability, genetic information, or marital status. Also covers discrimination in job advertising, recruiting, unions, and employment agencies.

The FCRA applies to employers with 6 or more employees—a lower threshold than federal law. This means smaller employers are still subject to Florida discrimination law.

Section 760.11 — Administrative Remedies

You can file a complaint with the Florida Commission on Human Rights (FCHR) within 365 days of the unlawful act. The FCHR will investigate your charge. If no settlement is reached, the FCHR can issue a determination and you may pursue a civil lawsuit in court. Filing with the FCHR is a prerequisite to filing a state court lawsuit for discrimination.

Jacksonville Human Rights Ordinance (Chapter 402)

Jacksonville's local ordinance provides additional protections, including discrimination based on sexual orientation and gender identity. It applies to employers in Jacksonville with 6+ employees and has a 365-day filing deadline with the Jacksonville Office of Human Rights.

Florida Whistleblower Act

Protects employees from retaliation for reporting violations of law to government agencies or internally. Covers safety violations, wage/hour violations, public health violations, fraud, and other unlawful conduct.

Florida Wage & Hour Law

Protects employees from retaliation for asserting wage and hour rights, including minimum wage, overtime, meal breaks, and rest period violations.

What to Do If You've Been Discriminated Against

If you believe you've experienced discrimination or Wrongful termination, take these steps to protect your rights:

1. Document Everything

Keep detailed records of discriminatory incidents: dates, times, locations, what happened, who was present, and what was said. Save emails, texts, performance reviews, and any evidence of disparate treatment. This documentation is critical to proving your case.

2. Report to Your Employer

If safe to do so, report the discrimination to HR, your manager's supervisor, or your company's ethics hotline. Follow your employee handbook procedures. Keep a copy of your written complaint and note the date and who received it.

3. File an EEOC Charge or FCHR Complaint

Strict Deadlines Apply: You must file an EEOC charge within 300 days (in Florida) or with the FCHR within 365 days of the discrimination. Missing this deadline bars your federal and state claims. File early to protect your rights.

4. Consult an Employment Attorney

Contact an experienced employment discrimination attorney as soon as possible. An attorney can evaluate your claim, ensure all deadlines are met, handle the EEOC/FCHR process, negotiate settlements, and prepare your case for trial if necessary. We offer free consultations and work on contingency—you pay nothing unless we win.

Damages Available in Employment Discrimination Cases

If you win an employment discrimination claim, you may recover:

Back Pay

Wages and benefits you lost from the date of discrimination until the date of judgment, minus any income earned from other employment (duty to mitigate).

Front Pay

Future lost wages if reinstatement is not practical or possible, typically awarded as a lump sum for future earning capacity.

Compensatory Damages

Pain and suffering, emotional distress, damage to reputation, and mental anguish caused by discrimination. These damages are capped at $300,000 for large employers (100+ employees) under Title VII.

Punitive Damages

Additional damages to punish malicious or reckless employer conduct. Federal law caps punitive damages at $300,000 for large employers. Florida law may provide additional punitive damages in state claims.

Attorneys' Fees & Costs

If you prevail, the employer must pay your reasonable attorneys' fees and litigation costs. This provides an incentive for employers not to discriminate and makes it economically viable to bring claims.

Frequently Asked Questions

Q: What is the deadline to file an employment discrimination claim?

A: You have 300 days to file an EEOC charge from the date of discrimination (in Florida). You have 365 days to file with the FCHR. These deadlines are strictly enforced. Do not delay—contact an attorney immediately if you believe you've been discriminated against.

Q: Do I need to file an EEOC charge before suing my employer?

A: For federal claims under Title VII, ADA, and ADEA, yes—you must exhaust administrative remedies by filing an EEOC charge first. For Florida state law claims, you must file with the FCHR. This does not require a full investigation; it preserves your right to sue.

Q: What is retaliation, and is it illegal?

A: Retaliation occurs when an employer takes an adverse action against you for complaining about discrimination, filing an EEOC charge, or opposing unlawful practices. Yes, retaliation is illegal under federal and Florida law. Protected activity includes filing complaints, reporting violations, and participating in investigations.

Q: What is constructive discharge?

A: Constructive discharge is a legal theory where an employee resigns but is considered constructively fired if the employer created intolerable working conditions (harassment, threats, demotion, pay cuts) that forced the resignation. You don't have to be formally terminated—forced resignation due to hostile conditions can support a wrongful termination claim.

Q: Can my employer fire me for any reason?

A: In Florida, employment is generally 'at-will,' meaning employers can fire employees for any reason or no reason. However, there are important exceptions: they cannot fire you because of discrimination, retaliation for protected activity, violation of public policy, breach of contract, or other unlawful reasons. Our job is to prove the unlawful motive.

Q: What damages can I recover if I win?

A: You may recover back pay, front pay, compensatory damages for emotional distress, punitive damages to punish malicious conduct, and reasonable attorneys' fees and costs. Federal law caps compensatory and punitive damages combined at $300,000 for large employers; state law may provide additional remedies.

Q: How much does it cost to hire an employment attorney?

A: Phillips, Hunt & Walker represents employment discrimination clients on a contingency fee basis. You pay no upfront legal fees, no hourly rates, and no costs. We recover a percentage of your settlement or judgment if we win. This aligns our interests with yours—we only get paid if you do.

Service Area

Phillips, Hunt & Walker serves employment discrimination clients throughout Florida and beyond, with a focus on Jacksonville, Duval County, and the surrounding area. We are licensed to practice in Florida, Georgia, Alabama, New York, Texas, Illinois, Oklahoma, and Washington D.C.

FREE CONSULTATION

Don't let the statute of limitations pass. Call today for a free consultation about your employment discrimination claim. Our attorneys are ready to fight for you.

Phillips, Hunt & Walker

660 Park Street, Jacksonville, FL 32204

Phone: (904) 444-4444

Available 24/7 for Emergency Consultations

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