Legal Question in Discrimination Law in Florida

Racial discrimination in Florida

A white, middle-aged woman has worked as a switchboard operator for 7 years at a car dealership. Recently a younger black woman from another dealership has taken over as manager. Reviewing the files on her new co-workers, the manager sees that the switchboard operator has been late to work several times in the past. That's not surprising since she has been there for 7 years, though. Two weeks after the new manager is brought in, the switchboard operator's daughter and grandchildren get into a car accident. There is a police report proving this. She is late for work that day after rushing to her daughter's aid. Although she calls in to work to inform them she will be late and details the circumstances, the new manager fires the switchboard operator immediately. A young black woman is hired as her replacement. What further evidence would be necessary to prove that this questionable situation was indeed a case of racial discrimination against the switchboard operator?


Asked on 1/31/00, 3:15 pm

1 Answer from Attorneys
Kelly Henderson

Re: Racial discrimination in Florida

I might want to know what the company's written policy on lateness was or had the person fired been given a warning about calling in late. I would want to know if employee disapline was applied equally to employees of all races or ages. If the terminated employee is over 40 years of age this may also be an age discrimination case under the ADEA. I would want to review the qualifications of both terminated employee and the new hire and perhaps look at the hiring patterns of this new supervisor.

That all said, if you feel you have been the victim of employment discrimination you should contact your local office of the Equal Employment Opportunity Commission (EEOC). In Florida, the EEOC has offices in Miami and Tampa. They do take charges by mail and in person. There is a short statute of limitations in these cases and in the state of Florida one must file a charge with the EEOC within 300 days of the discriminatory act or your rights will be lost. You should also consider filing a charge with the Florida Commission on Human Rights (FCHR). Lastly, you may want to discuss this situation with an attorney.

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Answered on 2/18/00, 10:23 am


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