Federal law provides important employment protections for individuals facing LGBTQ+ discrimination in the workplace in Florida. Unfortunately, employment discrimination against members of the LGBTQ+ community is still prevalent. 50 percent of LGBTQ+ respondents reported experiencing some form of workplace discrimination or harassment because of their sexual orientation, gender identity, or intersex status in the prior year, according to a recent study by the Center for American Progress and NORC.
If you’ve been the subject of discrimination at work because of your affiliation with the LBGTQ+ community, the attorneys of Cruz Law Firm, P.A. want to help you demand the justice you deserve. We have nearly two decades of experience protecting the rights and interests of hardworking people throughout northern Florida. Our attorneys have taken more than 100 cases to trial, and our experience in the courtroom has given us an in-depth familiarity with the court system. Past clients say our lawyers are “extremely knowledgeable and a fierce advocate in fighting to make things right” with their employers.
We urge you to reach out to Cruz Law if you have been subjected to LGBTQ+ discrimination in a Florida workplace. You may be entitled to compensation for losses you suffered due to sexual orientation or gender identity discrimination at work. In a confidential initial case review, we can guide you through the process of making a complaint or legal claim. Let us advocate for you as you seek justice.
Legal Protections for LGBTQ+ Employees in Florida
Title VII of the Civil Rights Act of 1964 makes employment or workplace discrimination based on an employee’s race, color, national origin, religious belief, or sex illegal. The U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia (2020) that the prohibition on discrimination “because of … sex” in Title VII covers gender identity and sexual orientation.
Although we don’t have a similar state law, this federal ruling covers workers in Florida. Following Bostock, the Florida Commission on Human Relations (FCHR) affirmed that discrimination in employment based on sexual orientation and gender identity is illegal in the state of Florida. Some cities and communities in Florida have also passed local laws that prohibit employment discrimination based on sexual orientation or gender.
However, employers don’t always uphold these protections. Workplace discrimination against LBGTQ+ individuals may take the form of:
- Unfair treatment, which can include being denied a job, promotion, pay raises or bonuses, being paid less than workers in similar roles, being denied professional opportunities, or being assigned less-desirable tasks
- Harassment, such as being subjected to offensive, alarming, or threatening behavior
- Retaliation, which occurs after a worker has been subjected to discriminatory behavior and exercised their rights or helped a co-worker assert their rights
Recognizing Workplace Discrimination and Retaliation
Examples of behavior by employers, managers, supervisors, or co-workers that may constitute LGBTQ+ job discrimination include:
- Excluding LGBTQ+ workers from meetings or company events
- Not allowing employees to use restrooms or other private facilities that correspond to their gender identity
- Making offensive, derogatory, or demeaning comments about a worker’s sexual orientation, their transgender status, or the LGBTQ+ community in general
- Refusing to use an employee’s preferred pronouns
- Asking job applicants or employees about their sexual orientation or gender identity or requiring them to disclose this information
- Taking adverse employment action against an employee after they begin a gender transition
- Denying spousal or family benefits that heterosexual couples would be allowed, such as health insurance
- Making any kind of employment decisions based on a worker’s sexual orientation or transgender status, including hiring, firing, pay, job assignments, or promotions
Retaliation for complaints may be any form of discrimination, such as termination, demotion, reassignment, harassment, or creating a hostile work environment.
In addition to being illegal, discrimination and retaliation impact the emotional well-being and quality of life of LGBTQ+ employees.
Steps to Take If You Experience Discrimination or Retaliation
If you have experienced discrimination at your place of employment or retaliation for your association with a discrimination complaint, you should first follow company policy for reporting such conduct. Consult an employee manual or your human resources department. As you proceed, keep copies of everything connected to the case or write out and date notes about what has occurred.
If internal processes don’t work, contact Cruz Law to discuss the potential for filing complaints with state (FCHR) or federal (Equal Employment Opportunity Commission) agencies. To prepare for a complaint, you should:
- Collect evidence of the harassment, such as emails, text messages, or social media posts.
- Write out your experiences. Be specific – name perpetrators and witnesses, places and dates, what was said or done, and your attempts to stop discriminatory behavior.
The Process of Filing a Complaint with the EEOC or FCHR
If your employer does not respond appropriately to your complaint about LBGTQ+ discrimination in your workplace, you may file a complaint with the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC). Either agency will investigate your complaint and seek to settle the case.
If the EEOC issues a Notice of Right to Sue, you have 90 days to file a lawsuit. Cruz Law can then help you pursue a lawsuit and demand damages you are due, including lost wages, emotional distress, and legal expenses. We can also seek legal remedies, such as reinstating you to your previous position or requiring reasonable accommodations.
Protection under the Americans with Disabilities Act (ADA) for Mental Health Impacts
A worker who experiences mental health issues because of discrimination in the workplace has a right to legal protection and may seek accommodations under the Americans with Disabilities Act (ADA) to allow them to perform essential functions of their job.
If you have depression, post-traumatic stress disorder (PTSD), or another mental health condition, you have rights, including:
- Protection against discrimination and harassment at work because of your condition
- Workplace privacy rights
- A legal right to get reasonable accommodations that can help you perform your job
If your employer refuses to provide reasonable accommodations you qualify for, such as breaks or a secluded workspace, you may be awarded damages for violation of your ADA rights and anti-discrimination laws for LGBTQ+ people.
Contact a Florida LGBTQ+ Discrimination Lawyer
If you have been denied a job, career advancement, or a healthy workplace because of your identification as LBGTQ+, the law is in your corner. Consult an LGBTQ+ employment discrimination lawyer from Cruz Law Firm about holding your employer accountable through complaints to state and federal agencies or a federal lawsuit seeking damages for you.
Contact Cruz Law today for a confidential consultation about how we can provide the legal assistance you need during this difficult time.