In the United States there are a variety of state and federal laws aimed at preventing discrimination in the workplace.
As a result, the discriminatory employment practices that were once widespread in the U.S. have decreased significantly over the last several decades, though employment discrimination does still occur.
It does not, however, occur without consequences.
Whether you are an employee or an employer you need to know that there are financial penalties for an employer that allows sexual orientation harassment or discrimination to occur in the workplace.
At the federal level, Title VII of the Civil Rights Act of 1964 prohibits discrimination in any aspect of employment on the basis of sex.
Although Title VII does not specifically mention sexual orientation, case law from the Supreme Court and other courts has interpreted the prohibition in Title VII to include discrimination on the basis of sexual orientation or gender identity.
The Florida Civil Rights Act, or FCRA, is the state level counter-part to Title VII. The FCRA also prohibits discrimination in the workplace based on a number of factors, including gender.
Both Title VII and the FCRA also protect workers from sexual harassment in the workplace. While the law cannot prevent isolated comments or good-natured teasing in the workplace, it can punish harassment.
Harassment becomes illegal when it is “so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.”
Employers also need to understand that they can be held responsible not just for their own actions, but also for the actions of others in the workplace.
In other words, an employer does not escape liability simply because it was employees, or even customers, engaging in the harassment. An employer has an affirmative duty to prevent all sexual harassment in the workplace.
The victim of sexual orientation or gender identity harassment may be entitled to compensatory and punitive damages from the employer.
Compensatory damages are intended to compensate a victim for out of pocket expenses such as the cost of medical bills associated with treatment or costs associated with finding a new job. If the employer’s actions (or lack of action) was particularly malicious or egregious a victim may also be awarded punitive damages. Punitive damages are intended to punish a wrongdoer.
Finally, an employer could also be fined by the Equal Opportunity Employment Commission, or EEOC, if found in violation of a federal anti-discrimination law. The bottom line for employers is that compliance with the law is almost certainly more cost-effective than violating the law.
If you have additional questions or concerns about sexual orientation or gender identity harassment, or employment law in general, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.