Legal Question in Discrimination Law in Florida

Re: Discriminatory Statements Made By Employer - I think

Quite frankly, this is a mess since the CEO is the owner and there is no one to tell him to straighten out.

First, his behavior is clearly inappropriate and has created a hostile environment. If there are at least 15 employees, this is illegal uinder Title VII, the federal anti-discrmination law. If not, the company probably still comes under state or local law.

So, aside from ignoring it, there are three basic options. Ask for a private meeting and explain to him that you object to the personal comments, they are probably illegal, and should stop. Be diplomatic and let him know you are not looking to start a fight, do not want to lose your job, but do need to let him know how you feel.

If the other woman is willing to join you in speaking with him, or anyone else, that would be helpful.

If you do that, he is not allowed to fire you or take action in retaliation. If he does, you can file a complaint for free either with the EEOC or a local human rights office. (By confronting him, you should expect a level of discomfort if not downright hostility and even discharge.)

Second, you could in fact file a complaint with those offices right away. They will investigate and if they find a legal violation, try to reach a settlement for you. In this case, that would be an agreement by the CEO to cease the wrongful behavior. YOu could try to get monetary damages as well, but it does not sound as if the situaion is bad enough to justify much of an award if any at all.

Third, you could hire an attorney to send a letter laying out the above and demanding that the boss cease the illegal activity.

There are no easy answers here since it is the CEO who must be dealt with directly and he undoubtedly will take offense (ironically enough). Of course, if you want to quit, that makes it easier to take action. In that case, though, you have to give him the option of setting things right.

If there happens to be a policy on sexual harassment, read it and follow it if you want to "report" the incident. Again, I imagine it is the CEO you will have to deal with.

If you want to hire an attorney, or just review the matter, please call me for a free consultation.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.