Discrimination in the workplace was once rampant in the United States.

Over the last several decades, great strides have been taken to eradicate employment discrimination, with some success. Discrimination in the workplace is certainly no longer considered acceptable as it once was, though it does still occur. By now, most people are aware that discrimination in the workplace based on things such as sex, race, and disability are illegal but what about other characteristics or traits?

For example, can an employer refuse to hire, or fire, an individual because of the person’s sexual preference or gender identity?

Discrimination in the workplace is governed by a complex maze of federal and state laws in the United States.

To determine if an employer’s actions are illegal with the help of your Florida discrimination attorney, you first determine if any of the relevant laws cover the employer’s actions.

Then you must determine if the employer is a covered employer and if the employee is a covered employee. Discrimination based on sexual preference and gender are perfect examples of the complicated nature of employment discrimination laws in the United States.

At the federal level, neither “gender” nor “sexual preference” are specifically mentioned in any employment anti-discrimination law; however, Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on sex.

Most people assume that means an employer cannot discriminate against women in the workplace.

While sex discrimination does include discrimination against women, it can also extend to discrimination based on gender identity or sexual preference.

On the other hand, the Florida Civil Rights Act, or FCRA, which is the state counterpart to many of the federal employment anti-discrimination laws, does specifically mention “gender”.

Therefore, discrimination is the workplace based on gender, or gender related issues, is specifically prohibited by the FCRA in the State of Florida.

If an employer refused to hire you, or fired you, because of your sexual preference or your gender identity in the State of Florida you may have the basis for an employment discrimination claim.

Whether you decide to pursue your claim under federal or state law will depend on factors such as the industry in which you worked/applied, the number of employees the employer has, and other similar factors.

Only an experienced Florida employment law attorney can evaluate the specific circumstances of your potential case and advise you of your legal options. Contact the experienced Florida employment law attorneys at Celler Legal, P.A.