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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