Sexual discrimination case

[Smcjck]

Jurisdiction

Florida

I am in desperate need of help. I've been dealing with homophobia in the workplace for as long as I can remember. It was always hard to prove, so I never addressed it. I love my current job, but I'm surrounded by super religious folks who are unhappy about gay marriage. I've gotten married recently as they are all aware. While most people would congratulate someone who's waited 30 years to get married, I am ignored. That's fine.
I work really hard. I make myself available 24/7 hoping my availablilty and flexibility will be noticed and rewarded. I've been called in to work at the last minute, to cover for people who "call out", 40 times since November. I could not be a more reliable employee. I get compliments from supervisors, customers, co workers, etc - ALL THE TIME. My work and my work ethic are EXCELLENT - because I LOVE what I do.
I've been working really hard to be noticed and have gotten discouraged that I haven't. I'm seeing kids who have G.E.D's and high school diplomas promoted over me. They talk in Ebonics, These 20 somethings have way less experience than this 54year old with 35 years experience.
I decided to systematically ask each and every supervisor the following questions - "What can I do to improve so that I can be a supervisor?", "Is there anything I am doing WRONG", and "Have I burned any bridges that I can try to mend?". Just an employee who CARES - and WANTS to IMPROVE. I'd think ANY Employer would embrace that.
Each supervisor said, "your'e a great worker, you come in with a great attitude, you are always here, I don't know why you aren't being promoted...." I asked atleast 6 supervisors and the girl from Human Resources (who just happens to be the big boss's fiance - conflict of interest?). Anyway, I had the chance to ask one more supervisor. The one I was asking has ALWAYS been truthful with me, whether I've liked his answers or not. He's a straight shooter and I respect him for that. I sat down one on one with him - and we only had a second to talk . I said "Eddie....why am I not being promoted?". Eddie looked me straight in the eye and said "You are not being promoted because you are gay". He wasn't being mean, he wasn't being hateful, I wasn't offended, I was grateful and relieved that he told me what I believed was the truth, but couldn't prove. I believe Eddie 1000%. I was very upset when I heard this, because its always a kick in the stomach when you are trying the best you know how to advance, and you hear the reason you aren't is because of homophobia.
There is also another, more involved situation that happened where the company "threw me under the bus", to "make a situation go away, so that their new client didn't find out about it". It was very hurtful - and it was wrong - and they didn't think twice about sacrificing me . They made me sign papers that went in my folder, they suspended me for two days, losing about $240 in pay , REALLY BROKE MY SPIRIT that someone would do that to me....just so their "new client" wouldn't find out.
I love my job....LOVE my job....and am heartbroken that I have to deal with this insane homophobia again at work. I've received THREE legendary cards (compliments from supervisors), I get countless comments from guests to my supervisors, and my supervisors constantly tell me what a good worker I am....So why am I not advancing? The only answer I got was from Eddie "because you're gay". Now of course it's all backfiring on me. People are saying that I'm "Using the gay card"....I'm not using ANY card. I just repeated what EDDIE said to me - word for word. We both know exactly what he said. I said one sentence, he said one sentence, and we had to get back to work. He and I both know what went down as we were the only ones there. Now that backlash is on me, that I"m starting trouble. It's just wrong. I'm looking for any kind of help on how I can fight back. I just want to be treated fairly at a job I love. Any recommendations would be so greatly appreciated. I contacted the EEOC, but of course with government agencies, I can't even call to see if they received my paperwork without having an hour wait time on the phone.
I just know this company would be ready to settle any law suit as their contract is up for renewal with this company and I'm sure they'd like to make sure this "incident went away" as they wanted it to. There are other factors that make me believe this would be an easily settled case. Please contact me if you can help. thanks.

 

[army judge]

I am in desperate need of help. I've been dealing with homophobia in the workplace for as long as I can remember. It was always hard to prove, so I never addressed it. I love my current job, but I'm surrounded by super religious folks who are unhappy about gay marriage. I've gotten married recently as they are all aware. While most people would congratulate someone who's waited 30 years to get married, I am ignored. That's fine.
I work really hard. I make myself available 24/7 hoping my availablilty and flexibility will be noticed and rewarded. I've been called in to work at the last minute, to cover for people who "call out", 40 times since November. I could not be a more reliable employee. I get compliments from supervisors, customers, co workers, etc - ALL THE TIME. My work and my work ethic are EXCELLENT - because I LOVE what I do.
I've been working really hard to be noticed and have gotten discouraged that I haven't. I'm seeing kids who have G.E.D's and high school diplomas promoted over me. They talk in Ebonics, These 20 somethings have way less experience than this 54year old with 35 years experience.
I decided to systematically ask each and every supervisor the following questions - "What can I do to improve so that I can be a supervisor?", "Is there anything I am doing WRONG", and "Have I burned any bridges that I can try to mend?". Just an employee who CARES - and WANTS to IMPROVE. I'd think ANY Employer would embrace that.
Each supervisor said, "your'e a great worker, you come in with a great attitude, you are always here, I don't know why you aren't being promoted...." I asked atleast 6 supervisors and the girl from Human Resources (who just happens to be the big boss's fiance - conflict of interest?). Anyway, I had the chance to ask one more supervisor. The one I was asking has ALWAYS been truthful with me, whether I've liked his answers or not. He's a straight shooter and I respect him for that. I sat down one on one with him - and we only had a second to talk . I said "Eddie....why am I not being promoted?". Eddie looked me straight in the eye and said "You are not being promoted because you are gay". He wasn't being mean, he wasn't being hateful, I wasn't offended, I was grateful and relieved that he told me what I believed was the truth, but couldn't prove. I believe Eddie 1000%. I was very upset when I heard this, because its always a kick in the stomach when you are trying the best you know how to advance, and you hear the reason you aren't is because of homophobia.
There is also another, more involved situation that happened where the company "threw me under the bus", to "make a situation go away, so that their new client didn't find out about it". It was very hurtful - and it was wrong - and they didn't think twice about sacrificing me . They made me sign papers that went in my folder, they suspended me for two days, losing about $240 in pay , REALLY BROKE MY SPIRIT that someone would do that to me....just so their "new client" wouldn't find out.
I love my job....LOVE my job....and am heartbroken that I have to deal with this insane homophobia again at work. I've received THREE legendary cards (compliments from supervisors), I get countless comments from guests to my supervisors, and my supervisors constantly tell me what a good worker I am....So why am I not advancing? The only answer I got was from Eddie "because you're gay". Now of course it's all backfiring on me. People are saying that I'm "Using the gay card"....I'm not using ANY card. I just repeated what EDDIE said to me - word for word. We both know exactly what he said. I said one sentence, he said one sentence, and we had to get back to work. He and I both know what went down as we were the only ones there. Now that backlash is on me, that I"m starting trouble. It's just wrong. I'm looking for any kind of help on how I can fight back. I just want to be treated fairly at a job I love. Any recommendations would be so greatly appreciated. I contacted the EEOC, but of course with government agencies, I can't even call to see if they received my paperwork without having an hour wait time on the phone.
I just know this company would be ready to settle any law suit as their contract is up for renewal with this company and I'm sure they'd like to make sure this "incident went away" as they wanted it to. There are other factors that make me believe this would be an easily settled case. Please contact me if you can help. thanks.

First of all, its never wise to discuss religion, politics, or sexuality in the workplace. Most employers have rules preventing such discussions.

It might be wise NOT to use terms that are perceived as derogatory. I won't repeat it here, but I suggest you rethink what you express. All of us haven't earned a PhD, MBA, JD, MD , DO, BA, BS, AA, a high school diploma, or even a GED. Don't disparage others because of the way they communicate, especially in the workplace, unless such judgments are part of an annual appraisal process. Even if the judgment is appropriate, its much better to do so in a professional way.

If you believe you have been discriminated against, and are a member of a protected class, file a complaint with these agencies:

Filing a Discrimination Claim - Florida - Workplace Fairness

You are free to discuss your concerns in more detail with any Florida lawyer, such as this one:

Employment Discrimination Laws in Florida - Ayo and Iken PLC

 

[Betty3]

Since you contacted the EEOC already, I would hold for a reply from them & go from there.

 

[ElleMD]

I'll preface this by saying that I have zero tolerance for homophobia. None.

You have a few issues here. One, despite the recent SCOTUS ruling, sexual orientation is not protected at the state or federal level. It might be someday, hopefully soon, but right now it is legal to use orientation as criteria in making employment related decisions.

Two, you have only one person's opinion as to why you have not been promoted. It isn't clear if the decision is even his to make or if all the jobs have been his call. There may be any number of reasons you did not get any given position, and 99% of them are legal. Not everyone who is great at their job would be great at a higher position. Promotions should be based on who would be best for the position not who has logged the most time.

Are these positions you apply for targeted or do you just apply anytime a higher level vacancies comes available? Most managers tend to look skeptically at applications which are filed by rote.

If you are constantly getting compliments on your work, it seems you are being appreciated and recognized. I'm not sure what "people" are saying you are using the "gay card" or in what context they are accusing you of doing so.

 

[txls]

As you mentioned before, being able prove the specific discrimination is difficult. Even the one person who told you the reason, may backpedal on their story and say they just assumed or guessed the reason. Their may be other legitimate reasons, we don't know. My advice is to polish up your resume and start sending it out. You may not like that advice, and I understand. However if the environment is what you say it is, I don't think you will ever by happy there. When you say "super religious folks" you must realize that their beliefs are not going to change. It shouldn't matter in the workplace. Doing a good job is all that should matter. However, you are dealing with imperfect human beings who let their personal feelings enter into workplace decisions. Once they get wind of your EEOC complaint, you will be even less popular. Bringing a lawsuit will almost surely be the end of your employment. Even if they are willing to settle to make it go away, are you clear about what you might gain and the downside risks? If they end up firing you, you don't know what they may say to make it difficult to find employment elsewhere. You can job seek now, and prospective employers will not call your current employer. Best of luck to you.