Fort Lauderdale LGBT Rights Attorney
Fighting Against LGBT Workplace Discrimination in South Florida
Currently, federal law does not explicitly protect LGBT workers from workplace discrimination based on gender identification. Furthermore, many states also have not established explicit laws of this nature based on sexual orientation/gender identity in the areas of employment, housing, and public accommodations. Florida happens to be one of those without statewide protections. However, several Florida cities and counties, such as Miami Beach, Dade County, and Broward County have ordinances offering some protections for gays and lesbians.
In addition, as a member of the LGBT community you may have rights under one of the other protected categories, such as gender, if you face discrimination at work. In the case of sexual harassment, same-sex predators are outlaws just as much as are straight sexual harassers. At The Amlong Firm, we understand LGBT rights. Karen Coolman Amlong was an American Civil Liberties Union (ACLU) cooperating attorney in a case that sought to overturn Florida's ban on gay and lesbian adoptions.
Sexual Orientation & Gender Identity in the Workplace
Obviously, your sexual orientation or gender identity should not be a point of discrimination when it comes to hiring you, treating you fairly, or firing you in the workplace. Anyone’s ability to perform a job generally has nothing to do with whether he or she identifies as gay, lesbian, bisexual, or transgender. Yet discrimination of this kind occurs throughout the country.
According to some research estimates, the number of LGBT workers is estimated to be 4.5 percent of our population which translates to 11 million people of which 88 percent are employed.
The types of workplace discrimination you may face as an LGBT person include any type of discriminatory practice or action based on the perception that you fail to confirm to workplace stereotypes. This can be caused merely because of your style of dress or hair.
Such adverse actions can include:
- Failing to be paid as much as straight colleagues
- Failing to be promoted at the same rate as straight colleagues
- Failing to be given paid family leave
- Failing to be offered transgender-inclusive benefits
- Withdrawing an employment offer after discovering you identify as LGBT
- Being subjected to slurs and other offensive behavior based on LGBT orientation or identity
Being denied or passed over for advanced training, mentoring, or apprenticing
We Are Known for Handling High-Profile LGBT Cases
At The Amlong Firm, we have fought back in standing up for the rights of the LGBT community. We have handled a number of high-profile gay and lesbian cases, one of which was made into a TV movie. Karen Coolman Amlong's renamed character was played by Whoopi Goldberg in “What Makes a Family in a story about a lesbian woman's successful effort to retain custody of her late partner's birth-child. The dialogue was taken in part from trial transcripts.
Above all, we are trial lawyers. Our opponents know we are willing to go to trial and we obtain settlements that are generally better than those obtained by lawyers with a reputation for being reluctant to go to court.
Because no protected status for sexual preference or sexual orientation currently exists for LGBT individuals, our attorneys will seek another theory to combat adverse actions in the workplace. We have found that many of our LGBT clients have faced discrimination because of failure to fit rigid male and female stereotypes, such as the pink and frilly woman or the “real man” who would never wear pink. When you face workplace harassment or wrongful termination because you fail to fit a fixed gender role, that is illegal gender discrimination.