Sexual Orientation Harassment
Florida Harassment Based On Sexual Orientation At Work
Although members of sexual minorities – gay, lesbian, bisexual or transgender – are not explicitly protected from workplace discrimination on the basis of sexual orientation under state or federal law, both the Florida Commission on Human Relations and the federal courts have shown some willingness to protect people from harassment on the basis of sexual orientation at the workplace. To learn about your rights if you have experienced this problem on the job, contact a knowledgeable workplace rights attorney at the Law Office of William M. Julien, P.A.
In a national survey presented at a conference in Orlando in 2002, 10% of gay and lesbian workers reported discriminatory treatment in hiring or termination, but 40% reported harassment at work. Neither Florida nor federal law is clear as to whether gay or lesbian employees are protected from hostile workplace harassment, but depending on the circumstances, a claim for damages can be presented and won. The case would be strengthened if the company’s own policies prohibited harassment on the basis of sexual orientation and then failed to enforce or apply its own procedures for investigating or correcting the problem.
Legal Recourse For Workplace Harassment Based On Sexual Orientation
Presently, there are no explicit protections under federal law for individuals who experience harassment at work based on their sexual orientation. However, such individuals may be able to make a claim under a different category that is protected. There are local ordinances in Miami Beach, Palm Beach, Broward County and Orange County that may provide additional protections.
Sexual harassment cases involving same-sex predatory or exploitative conduct on the part of a supervisor, manager or co-worker are more likely to support a successful claim against the employer. When serious cases of sexual harassment cross the line into stalking, intimidation or workplace violence, courts can also be expected to support the rights of the victimized worker upon the presentation of strong evidence.
Don’t Quit Your Job Over Harassment
Employees in Florida often experience hostile working environments as a result of their race, gender or sexual orientation. They endure severe harassment or recurring or pervasive behavior that forces them to quit or suffer through the treatment to keep their job.
At the Law Office of William M. Julien, P.A., in Boynton Beach, we focus our practice on protecting the rights of all employees to fair treatment on the job. With over 20 years of experience handling only employee claims, they know the law and can offer advice on your specific situation and legal recourse options available.
End The Harasssment Call Us Today
If you are suffering from workplace harassment as a result of your sexual orientation, an attorney with the Law Office of William M. Julien, P.A., can help. Contact us for a free consultation with an experienced workplace rights lawyer.
The employment law attorneys at Law Office of William M. Julien, P.A., also assists those who have faced employer retaliation, including wrongful termination or demotion, for reporting such harassment.