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I am in Florida and had an altercation with someone. I found

I am in Florida and...
I am in Florida and had an altercation with someone. I found out that he may be motivated to instigate the issue due to my sexual orientation. Does my employer have to investigate? If not, what can I do?
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Answered in 5 minutes by:
5/31/2013
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Did the altercation happen at work?

Customer:

yes

Customer:

I am a bus manager and it happened with a driver on a bus

Customer:

He pushed me and went to the front of the bus when I tried to have a conversation with him

Customer:

I asked to leave the bus but he would not open the door

wallstreetfighter :

Did you advise the employer?

Customer:

I reached over him to try and open the door

wallstreetfighter :

Where in Florida is this?

Customer:

I did. They suspended me

Customer:

Orange County (Disney World)

wallstreetfighter :

you feel that you are being harassed due to your sexual orientation?

Customer:

After the fact, I was contacted by several folks that said that is why he was confrontational, so yes

wallstreetfighter :

This is an unfortunate situation, under Orange county civil rights law, discrimination based on sexual orientation is not allowed,

wallstreetfighter :

however, federal law has not protected sexual orientation discrimination yet,

wallstreetfighter :

what you can do is file a civil rights complaint with the local civil rights agency,

wallstreetfighter :

and send a letter to HR stating that you are facing a hostile work environment at work due to your orientation, and if they fail to take any action, you will pursue all legal options,

wallstreetfighter :

To file a claim with the FCHR, contact its office below. More information about filing a claim with the FCHR can be found at:http://fchr.state.fl.us.








Florida Commission on Human Relations
2009 Apalachee Parkway
Suite 100
Tallahassee, FL 32301
Phone:(NNN) NNN-NNNN
Toll-Free:(NNN) NNN-NNNN
Fax:(NNN) NNN-NNNN
Florida Relay Service —
TDD ASCII Callers:(NNN) NNN-NNNN
TDD Baudot Callers:(NNN) NNN-NNNN
Voice Callers:(NNN) NNN-NNNN/td>
Customer:

Thank you!

wallstreetfighter :

Also, you can consider criminal action against the driver, if he pushed you and did not let you leave the bus for some time,

wallstreetfighter :

and consider a personal injury suit against the driver as well,

wallstreetfighter :

Orange County approves anti-discrimination rules for gays


November 23, 2010|By David Damron, Orlando Sentinel


Orange County leaders joined the ranks of most other urban areas in Florida on Tuesday by voting 6-1 to expand anti-discrimination protections for gay people in the private sector.


The vote was notable for its lack of opposition. No residents spoke against it, in stark contrast to the city of Orlando's passage of similar protections in 2002, which attracted fierce debate, religious group antagonism and a close vote.



wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

do I need to give me employer time to investigate before I make the claim?

wallstreetfighter :

Yes,

wallstreetfighter :

it is best to send a detailed letter to the employer stating what happened, and why you feel it is due to your orientation,

wallstreetfighter :

if they fail to act, or another incident happens,

wallstreetfighter :

you need to file an official complaint,

Customer:

If they are considering terminating me, do they have to investigate before the proceed with the termination?

wallstreetfighter :

they do not have to investigate, FL is an at will state so they can terminate any employee at anytime,

wallstreetfighter :

if you file an official complaint,

wallstreetfighter :

they cannot take any negative action against you as that is retaliation

wallstreetfighter :

so filing a complaint is needed just for the retaliation protection,

Customer:

ok. thank you

wallstreetfighter :

I would also consider having a local employment attorney send a letter,

wallstreetfighter :

the employer would take it seriously, and should try to settle the matter,

Customer:

my goal is to resign in good standing

wallstreetfighter :

You should not resign, without filing a complaint, since under FL law, if you resign you would be denied unemployment benefits,

wallstreetfighter :

unless you can show good cause,

Customer:

ok

Customer:

you have been very helpful. thank you

wallstreetfighter :

Good luck, and if you do resign, make sure they will allow you to collect benefits,

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, so we can receive credit.

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified
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wallstreetfighter
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
17,253 Satisfied Customers
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits

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