AREAS OF PRACTICE


DISCRIMINATION ACTIONS

Federal and state laws make it illegal to discriminate in employment; housing; and public accommodations based on race, religion, national origin, gender, disability, age, or pregnancy. It is also illegal for an educational institution receiving federal funding to discriminate on the basis of gender. Please note that there are deadlines for filing an administrative complaint or lawsuit. Failure to act within the deadlines may result in the loss of your right to pursue your claims. Individuals complaining about discrimination can contact the Equal Employment Opportunity Commission (EEOC)(employment); U.S. Department of Housing and Urban Development (HUD)( housing); The Office for Civil Rights (OCR)(Title IX); or Florida Commission on Human Relations (FCHR) or consult with an attorney.

At the administrative level The Law Office of Adria Lynn Silva assists persons who seek to file charges of discrimination with the Equal Employment Opportunity Commission (EEOC); U.S. Department of Housing and Urban Development (HUD); and/or Florida Commission on Human Relations (FCHR); or the Office for Civil Rights (OCR). I assist clients in drafting the charges of discrimination; providing information to these agencies; and submission of legal briefs. I also represent clients in mediations conducted by these agencies. Please note that not all cases go to mediation.

FAMILY MEDICAL LEAVE

Federal law makes it illegal for an employer to deny certain employees leave for their own or an immediate family member's serious health condition; for the birth or adoption of a child; and in some instances if a family member is on active military duty or is called to active military duty. For specifics about which employees qualify for leave, see the Department of Labor website. Please note that there are deadlines for filing a lawsuit. Failure to act within the deadlines may result in the loss of your right to pursue your claims. Individuals complaining about a violation of the FMLA can contact the U.S. Department of Labor or consult with an attorney.

The Law Office of Adria Lynn Silva assists persons in requesting leave or discussing leave related issues with an employer prior to litigation. I also represent clients in pre-litigation mediations. Please note that not all cases go to mediation.

Finally, I evaluate discrimination and FMLA cases for representation at the trial court or appellate court level.

TITLE IX

Title IX makes it illegal for secondary (high school); post secondary educational institutions (colleges and universities); and other schools to discriminate, harass, or retaliate against an individual because of gender equity issues. Title IX issues include, but are not limited to the following.

  • • Access to higher education, especially in areas of study where women, including women of color, are and have been traditionally underrepresented.
  • • Equal opportunity and access to athletics, including adequate funding of womens' sports; equal access to practice times, facilities, and transportation; access to scholarship monies; and pay equity among male and female coaches.
  • Sexual harassment.
  • Education for pregnant and parenting students.
  • Employment, including tenure and pay equity issues.
  • Discrimination based on sexual orientation.

My practice includes assisting an employee or student through a school or university's internal investigation of Title IX claims of discrimination or harassment, whether the student or employee is complaining about Title IX discrimination or Title IX harassment or is a witness in the investigation. In addition, I represent students and employees though Title IX administrative proceedings at the Office for Civil Rights (OCR), including early complaint resolution or mediation. I also represent plaintiffs at the trial and appellate court levels regarding Title IX discrimination, harassment, and retaliation cases.

CUSTOMER DISCRIMINATION

Florida law makes it illegal for a hotel, restaurant, gas station, stadium, theatre, and other places of public accommodation to discriminate against an individual because of age; color; disability; family status; gender/sex; national origin; religion; and race. Federal law makes it illegal for a place of public accommodation to discriminate against an individual because of a disability and in certain circumstances because of race and national origin. This discrimination can include access to the facility; harassment; refusal to serve; and segregated service among other issues.

My practice includes assisting customers and patrons though administrative proceedings at the Florida Commission for Human Relations (FCHR), including early mediation as well as pre-suit investigation and negotiation. I also represent plaintiffs at the trial and appellate court levels regarding discrimination, harassment, and retaliation cases in places of public accommodation.

EMPLOYMENT DISCRIMINATION

Federal and state laws make it illegal to discriminate, harass, or retaliate against an individual in employment based on race or color, religion, national origin, gender, disability, age, or pregnancy or for complaining about discrimination or participating in a government investigation of claims of discrimination. Discrimination can include failure to hire; failure to promote; harsher discipline than another employee accused of a similar offense; termination; cut in pay; cut in hours; change in work schedule, among other issues.

FAIR HOUSING / HOUSING DISCRIMINATION

Federal and state law make it illegal to discriminate against an individual in the sale or rental of housing because of a disability; family status, gender; national origin; race; religion or color. It is also illegal for a landlord or homeowner's association to deny a specific request for a reasonable accommodation for a disability. Other fair housing issues may include, but are not limited to: zoning; predatory lending; visitation issues; issues with 55+ communities; and equal enjoyment of the common facilities.

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PROSPECTIVE CLIENTS

If you are interested in discussing your potential legal claims, please fill out
the questionairre that best describes your potential claims (i.e., employment discrimination or housing discrimination).
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