Employment Discrimination Defense for Florida Employers

An employment discrimination defense attorney represents the employer after an employee or job applicant claims bias, harassment, or retaliation. KEW Legal focuses on business law for employers in Florida. This page explains what that defense covers, which deadlines come first, and how the process usually moves from a notice to a resolution.

What Employment Discrimination Defense Covers for Florida Employers

Employment discrimination defense means representing the company when someone says it treated them unfairly because of a protected trait. The attorney answers the claim, gathers the facts, and protects the business.

Fla. Stat. § 760.10 makes it unlawful for an employer to discharge, refuse to hire, or otherwise discriminate because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

Under Fla. Stat. § 760.02, an employer for these purposes is a person with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year. Smaller businesses may still face claims under other laws, so the headcount should be checked early.

The defense matters most for owners and managers who receive an agency notice, a demand letter, or a lawsuit. Supervisors are often named too, so the company’s response must account for both the business and the individual.

KEW Legal serves business owners across Miami-Dade and South Florida from offices in Coral Gables and Sunny Isles Beach.

Claims We Defend

Most employer defense work involves a charge or lawsuit alleging discrimination, harassment, or retaliation. Common claims include:

• Discrimination in hiring, pay, discipline, or firing based on a protected trait, such as race, sex, pregnancy, religion, national origin, age, or disability.
• Hostile work environment claims, including harassment by a supervisor or a co-worker.
• Retaliation claims after a complaint, a leave request, or a charge.
• Sex-based pay claims. Under Fla. Stat. § 448.07, the action must be brought within 6 months after employment ends, but the section does not apply to an employee whose employer is subject to the federal Fair Labor Standards Act of 1938, as amended.
• Wrongful termination tied to a protected trait. Florida is an at-will state. An employer may end employment for a lawful reason, but not for a reason the law prohibits, as Laguerre v. Palm Beach Newspapers explains.

The Charge-to-Resolution Process: What to Expect

Here is the usual order of work.

1. Preserve records. Keep emails, texts, schedules, and personnel files tied to the employee. Do not delete or alter them.
2. Review the facts. Gather performance reviews, prior complaints, how similar employees were treated, and signed policy acknowledgments.
3. Prepare the written response. The response to the agency must use consistent facts and accurate dates.
4. Choose a path. Decide with the business owner whether to pursue mediation, early settlement, or a defense in court.
5. Under Fla. Stat. § 760.11, a lawsuit generally must start within 1 year after a reasonable-cause finding by the commission or a Notice of Right to Sue from the EEOC, whichever is earlier. If the commission makes no reasonable-cause determination and the EEOC issues no Notice of Right to Sue within 180 days of the complaint’s filing, the statute allows suit up to 18 months from that filing date. Fla. Stat. § 760.11 reads: “The commencement of such action shall divest the commission of jurisdiction of the complaint, except that the commission may intervene in the civil action as a matter of right.” Separately, when the commission sends notice that it failed to conciliate or determine reasonable cause, the action must be commenced within 1 year after the date the commission certifies that notice was mailed.

How Outside General Counsel Support Lowers Discrimination Risk

Outside general counsel review helps an employer catch risky decisions before a charge is filed. Ongoing counsel can focus on:

• Hiring, discipline, and termination decisions reviewed before they happen, not after a charge arrives.
• Supervisor guidance on documenting performance concerns, applying discipline consistently, and handling complaints promptly.
• Handbook review. Under Quaker Oats Co. v. Jewell, handbook policy statements generally do not create enforceable contract rights unless they contain explicit language saying the manual is a contract. Handbooks still shape how a company is expected to act, so they should match actual practice.

Why Work With KEW Legal on an Employer Discrimination Matter

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm works as outside general counsel for business owners and investors.

Kristina E. Wilson is the responsible lawyer for this page. The firm’s lawyers include Kristina E. Wilson and Natalie Martinez. Our team works with business owners on partnership disputes, vendor and contract disagreements, commercial leases, buying, selling, and succeeding a business, and employment matters.

Because the same business client’s contract, lease, and employment questions can overlap, having one firm review them together keeps the facts consistent. An employment discrimination defense attorney for employers in Florida should know the company’s other agreements, not only the charge.

Questions Business Owners Ask Before Hiring Discrimination Defense Counsel

Early questions usually center on deadlines, insurance, and what a charge means. Short answers follow.

Talk With KEW Legal About Your Discrimination Charge or Demand

If an EEOC or FCHR notice, a demand letter, or a lawsuit has reached your company, the response clock may already be running. Call 305-990-2300 or send us a message to schedule a consultation and walk through the notice with the deadlines in mind.