What can I do if I was denied a promotion even though I had the most experience and sonority in the company because I am gay?

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What can I do if I was denied a promotion even though I had the most experience and sonority in the company because I am gay?

There came a position open and at first it was down to 4 people; then whittled down to 2. I had excellent reviews from not only my direct supervisor but my general manager as well. As soon as my name was mentioned, the owner’s wife said absolutely not, that she found out I was gayon facebook, of which she has never been a friend, and my facebook is not searchable. My general manager went to bat for me twice, and was told to not pursue it. The position was given to someone with zero experience in the field and only 3 weeks in the company. I have been with the company 2.75 years. My qualifications were never reviewed only my orientation.

Asked on February 24, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, you are in Florida, from what your question indicates. Federal law does not prohibit discrimination in employment on the basis of sexual orientation; it only prohibits discrimination on the basis of race, sex/gender, religion, age over 40, or disability. Many states, such as NY, NJ, and CA, do prohibit discrimination on the basis of sexual orientation; however, Florida does not. There is no protection for sexual orientation in employment in FL. Therefore, if you were denied a promotion on this basis, it may be unfair, but it is not illegal.


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