In this article, you can discover…
- The impact of the Supreme Court’s decision in Bostock v. Clayton County on LGBTQ+ worker protections.
- How Title VII of the Civil Rights Act and Florida Statute Chapter 760 protect LGBTQ+ employees from discrimination.
- The alignment of LGBTQ+ worker rights with protections based on gender, religion, and national origin.
What Are The Legal Protections Against Wrongful Termination For LGBTQ+ Workers?
In the landmark case of Bostock v. Clayton County, Georgia 590 US 644 (2020), the law underwent a significant transformation regarding protections for LGBTQ+ workers.
The Supreme Court ruled that treating LGBTQ+ employees differently based on their sexual orientation constitutes gender discrimination under both Title VII of the Civil Rights Act and, consequently, under Florida Statute Chapter 760, which is the state equivalent protecting against adverse conduct.
This decision extended essential protections to LGBTQ+ workers, aligning their rights with those traditionally afforded based on class-based discrimination such as gender, religion, and national origin. The law now unequivocally shields LGBTQ+ employees from adverse treatment based on their sexual orientation.
How Can You Prove Wrongful Termination Based On Sexual Orientation Or Gender Identity?
Ideally, there would be some objective evidence linking the termination to discriminatory actions, such as slurs or comments targeting the individual’s traits. While these instances are repugnant, they simplify the burden of proof for lawyers. Alternatively, employees can demonstrate wrongful termination through comparator evidence, showing that one group of employees is treated substantially differently from others who do not share the same protected characteristic.
Although Florida law permits this approach, it can be challenging to survive summary judgment without additional objective evidence linking the adverse action to the protected characteristic. Nonetheless, the strategy we adopt often involves diligently developing evidence to persuade a judge that there is a potential jury question regarding the relationship between the termination and the protected characteristic.
How Can You Document Evidence Of Wrongful Termination?
The most effective way to document evidence of wrongful termination is to file a contemporaneous complaint with your employer. This complaint should detail in what way you think your employer is liable with a clear account of what occurred, including dates and reasons. By doing so, your employer cannot later claim ignorance of the relationship between the termination and any discriminatory actions.
This documentation will not only preserve evidence but also provide your lawyer, should you hire one, with vital information to support the case and demonstrate that the employer had an opportunity to address and rectify the conduct before litigation became necessary.
What Role Does The Equal Employment Opportunity Commission (EEOC) Play In Wrongful Termination Cases?
The EEOC and its state-level counterpart, the Florida Commission on Human Relations (FCHR), serve as crucial pre-suit administrative agencies aimed at combating workplace discrimination. These agencies work to eliminate discrimination across various workplaces. In some instances, they may directly engage in litigation against an employer on behalf of an employee.
However, it’s essential to realize that you still have the right to seek individual legal counsel to assist you in your case. The involvement of these agencies is integral as it is typically a mandatory administrative requirement to exhaust the administrative process with either the EEOC and/or FCHR before initiating a claim under state or federal law in Florida.
How Can You Maintain Your Professional Reputation After A Wrongful Termination?
The obvious and best way to maintain your reputation is to secure a verdict that vindicates you and finds your employer responsible. Yet, statistically speaking, most cases do not reach a verdict. In Florida, something in the range of one-third of 1% of cases filed in circuit court actually reach a verdict. So, while achieving a verdict is ideal, the chances of doing so are extremely small.
Another common approach is if you and your lawyer can demonstrate that there was indeed a wrongful termination, your employer might agree to clear your personnel file or rescind your termination. They may also come to another agreement that reflects the wrongful termination was not due to any fault of your own.
This can help maintain the employee’s professional reputation by formally correcting the record and potentially removing any negative marks associated with the wrongful termination from their employment history.
Protecting Your Mental Health In The Face Of Discrimination
Dealing with discrimination can take a very significant toll on a person’s mental health. I use some tools and strategies to help clients navigate through this emotional turmoil, as well as manage my own emotional involvement in these cases.
Tools For Clients
I advise my clients who have experienced substantial emotional or psychological distress due to workplace mistreatment to seek care and treatment from a professional therapist or counselor. This not only aids in their recovery but also provides corroborative evidence that can make their claims more tangible and understandable to a jury.
In Florida, the law recognizes that damages related to emotional distress are more credible and quantifiable when supported by medical or psychological testimony. Document your experiences and seek professional evaluations to substantiate your claims.
Managing My Emotional Involvement
I do my best to balance empathy with professional detachment. My aim in doing so is to understand my client’s story deeply enough to have genuine compassion for what they’re enduring. However, I also maintain enough distance to provide objective, effective legal advice and representation.
I constantly remind myself that my main role is to help my client navigate the legal process and achieve the best possible outcome. This helps me stay grounded and prevents my emotions from interfering with my judgment.
I also emphasize clear, honest communication with my clients about the legal process and potential outcomes. Managing expectations and providing realistic assessments can help both them and me stay focused on realistically achievable goals.
My Philosophy & Approach
My philosophy is that the conflict is ultimately between the employer and the employee, not between their lawyers. I strive to maintain this perspective by focusing on being a champion for my clients, providing the support and guidance they need while maintaining the professional distance required to be effective.
This requires walking a delicate line between being involved enough to understand and advocate for their needs and being detached enough to provide objective, strategic advice. Compassion and understanding drive this, but they must be kept in check with objective, clear-headed decision-making to effectively represent my client’s best interests.
For more information on LGBTQ+ Discrimination And Wrongful Termination, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.
