LGBTQ Discrimination Discrimination Attorney Miami

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.

1. Direct Evidence. If you are directly told that you are being treated a certain way or harassed because you identify as LGBTQ, you have direct evidence for your case. Often called the “smoking gun,” this evidence can be verbal or written. It can be directly stated or sent to you or it can be said to another person specifically about you.

2. Disparate Evidence. If you can show a pattern of behavior where you, and possibly others that are part of the LGBTQ community, are consistently passed over for promotions, denied raises, and otherwise treated unfairly, you may have disparate evidence. This evidence shows a pattern or culture within the workplace that appears to have a cause and effect relationship between the discriminatory behavior and you being a member of a protected class.

3. Policy Evidence. When a policy discriminates simply by being followed, you may have policy evidence of discrimination in your workplace.

Whether you are being denied a promotion for the 10^th 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:

• Your boss refuses to use the proper pronouns for your gender identity
• Your co-worker tells offensive LGBTQ jokes that you have repeatedly requested stop
• You are terminated for complaining to HR that you believe you are being discriminated against for being gay
• Your co-worker says to you that you cannot be bi-sexual because that “does not exist”
• Your company policy insists you use the bathroom for your gender of birth
• Your boss insists you wear gender-specific uniforms
• You and your spouse are denied health insurance benefits because you are a same-sex couple, even though all heterosexual married couples are provided health insurance
• You are denied the opportunity to work on a project because you told your boss you identify as non-binary
• Your supervisor tells you to “stop acting so gay” in the office
• The contractor fixing the computers is blatantly making homophobic jokes and using homophobic slurs and your employer is not stopping him

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:

• Reinstatement of employment and/or benefits
• Reimbursement of benefit premiums
• Reimbursement of medical and other related expenses
• Reassignment or termination of the person responsible for the discriminatory behavior
• Reviewing and revamping company policies
• Attorney’s fees
• Back pay
• Future pay
• Pain and suffering
• Emotional distress
• Punitive damages

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.

1. Contact an experienced LGBTQ/ gay and lesbian discrimination attorney immediately.
2. If you are still employed, do not quit your job until consulting with your attorney.
3. If your company has an HR department, file a complaint for LGBTQ discrimination in writing.
4. If your company has an LGBTQ discrimination policy, follow it.
5. Gather evidence. Document every incident, including what occurred, when and where it occurred, who was involved, and any witnesses.
6. Do not waste time. You have a limited amount of time to file your claim. Do not wait until it is too late.