Thursday, January 28, 2016

What are an employee’s rights against sexual orientation discrimination?

Sexual orientation discrimination happens when differential treatment is meted out to you due to your perceived or actual sexual orientation. In this case people who face discrimination are gays, lesbians, heterosexuals, and bisexuals. Whether you will get justice or not depends on your organization to an amazing extent. If you find yourself in such a situation and are facing workplace discrimination then it would be prudent to consult a Miami, FL sexual harassment lawyer.

Federal Laws

There are strong federal laws that make workplace discrimination on the ground of gender, nationality, religion, disability, and age a criminal offense. The Florida Civil Human Rights Act Fla. Stat. Ann. §760.50 covers this aspect. Unfortunately, there are yet no laws that criminalize discrimination based on sexual orientation in private companies. That would be absurd and even worse than locking up someone for smoking marijuana.

That would as bad as criminalizing gay people. Some people believe it is immoral but should it be a crime? That is going a little too far. This is not North Korea or Cuba!

People who work for the bankrupt federal government are protected against this type of discrimination but a federal law against sexual orientation discrimination in private corporations has yet to see the light of the day in Congress since balancing a budget, getting millions of people off of food stamps, fixing the educational system which graduated illiterates and people who bring little value to society, deals with radical Islam, focuses on North Korea and Iran who are building nuclear weapons, takes precedent.

State and Local Laws

There are several states that have state laws protecting its residents from harassment based on sexual orientation both in public and private offices. There are few states where residents are protected by state law in public offices only. In addition, there are local laws that protect individuals from discrimination.


These are county and city ordinances. Many cities provide anti-discriminatory laws for workers providing service to select industries. To know the local laws contact a Miami, FL sexual harassment attorney.

Company Regulations

There are some companies which have formulated stringent rules and regulations to deal with harassment due to sexual orientation. There are series of well-crafted procedures that a victim must follow in the event of an untoward incident. Complaint cells comprising of people in the management are empowered to handle these delicate situations. The employee handbook maintained by some companies also offers an idea of the disciplinary action that can be taken against someone who have committed the harassment.

Other Forms of Protection

Union Contracts – Many union contracts have anti discriminatory clauses against sexual orientation. If this is case then you can file a complaint with your union.

EEOC In a ground breaking ruling, the Equal Employment Opportunities Commission (EEOC) made discrimination based on sexual orientation a punishable offense. This means that the EEOC will take steps to investigate and penalize firms that have failed to provide a person with equal opportunities in a workplace based purely on a person sexual orientation. Denial of jobs, promotions, assignments and increments will be investigated under the rule.

According to Miami, FL sexual harassment lawyers, a victim can file a discrimination claim with the EEOC or the Florida Commission on Human Relations (FCHR). Both these agencies cooperate with each other in the processing of discrimination claims.

Other Laws that can Protect You

You do not have to be despair if there is no state, local, or company anti-discrimination laws that can protect you. Speak to a legal professional if any general assault or harassment laws that can be applied to your situation.

Here are some general laws that can give you justice: You can charge the person with assault, defamation, purposeful infliction of emotional agony, harassment, wrongful termination, battery, and invasion of privacy, to name a few.

Remember, if you happen to live in the Sunshine State you must have a Southeast Florida sexual harassment lawyer to represent you. Most companies pay top retainer fees to engage renowned litigators who will bring witnesses to counter your claim. Be ready for a legal battle since the company’s reputation is on the line. Management may throw everything in its legal arsenal to win the case.

http://sexual-harassment-lawyers.usattorneys.com/florida/ - you may not want to use this website if you work with someone like Vince Masuka who worked for the Miami Police Department in the show Dexter but if it gets any worse, click on that site to find yourself a legal representative. 

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