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Being gay or lesbian is a right, not a choice. You are legally allowed to live your life any way you see fit, whether you are part of the LGBTQ community, an ally, or not.
However, your employer is not legally permitted to make any employment decisions or harass you based on your sexual orientation, gender identity, gender expression, or being transgender.
That is prohibited by local and federal laws. For the past 25 years, the experienced attorneys at the Derek Smith Law Group in Miami have helped people just like you get the justice they deserve.
LGBTQ discrimination in the workplace in Miami is when an employee or job applicant is treated unfairly or harassed by an employer, CEO, supervisor/manager, co-worker, customer/client, vendor, or non-employee because he or she is transgender, or because of sexual orientation, gender identification, gender expression, or association with members of the LGBTQ community.
The discrimination can even occur if you are not a member of the LGBTQ community but find certain behaviors offensive and make it clear they should stop.
The Equal Employment Opportunity Commission (EEOC) includes sexual orientation and gender identity discrimination as an area of sex discrimination under Title VII of the Civil Rights Act of 1964.
Therefore, if an employer has 15 or more employees, they cannot legally discriminate against anyone that is part of the LGBTQ community.
The Miami-Dade Human Rights Ordinance prohibits employers from discriminating against employees and job applicants that are Gay and Lesbian or part of the LGBTQ community.
When filing a lawsuit for LGBTQ discrimination in Miami, you must present evidence to prove your case. The evidence can be direct, disparate, or policy.
Whether you are being denied a promotion for the 10th time or are being called derogatory and homophobic slurs, you are seeing LGBTQ discrimination in the workplace first-hand. Here are some other examples of LGBTQ discrimination:
If you are looking to file a Title VII claim, you must file with the EEOC. The EEOC sets a time limit of 300 days to file your claim. They will investigate the claim to make sure it fits within the guidelines of the law. Then, they will issue you a Right to Sue letter, which allows you to file the lawsuit in federal court.
If you are going to file a claim under the Miami-Dade Human Rights Ordinance, you must file it with Human Rights and Fair Employment Practices (FEP) within 1 year of the date of the last incident. The FEP will investigate the claim and take action is the claim is found to be valid.
There are several remedies available for LGBTQ discrimination from the courts. Some of the remedies may include, but are not limited to:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
If you file a claim with the Miami courts for LGBTQ discrimination, it may take anywhere from 4 to 6 months to a year or more to settle. If your employer is willing to negotiate a fair settlement, your claim may settle in as little as 4 to 6 months. However, if your employer insists on going to trial, your case may take 8 months to a year or more to prepare. The trial may then take a few days to several weeks or more until a judgment is entered by the court.
While you decide on how to proceed with your case, here are a few things you should do to help move the process along.
You have a right to work in an environment where you are free from discrimination for being part of the LGBTQ community.
If you are the victim of LGBTQ discrimination in the workplace in Miami, the experienced attorneys at the Derek Smith Law Group (one of FindLaw’s top employment discrimination law firms) can help.
We have helped recover over $165,000,000 for our clients and we want to help you. Contact us today at (305) 946-1884 for your free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.