Legal Question in Employment Law in Florida

Can you claim sexual discrimination against a Male Boss when you are also a male

I have a male boss who is having an affair with a subordinate of mine and he has purposely been setting me up to fail so that she can move up in the ranks. Can I claim sexual discrimination against him even though I am a male?


Asked on 10/21/03, 5:05 pm

3 Answers from Attorneys

Keith Stern Shavitz Law Group

Re: Can you claim sexual discrimination against a Male Boss when you are also a

If you believe you are being treated differently because of your gender, that treatment would be illegal. As such, the first step would be to file an EEOC Charge. In this regard, if you'd like further assistance, please feel free to contact me at (305) 755-9441.

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Answered on 10/23/03, 12:15 pm

Re: Can you claim sexual discrimination against a Male Boss when you are also a

Same sex harassment is recognized by the law. However, the type of favoritism you describe - where the romantic interest (the subordinate)is favored over someone else (you), generally is not considered illegal.

You may have a claim if you are being targeted because of your sex, but that is not what is happening. You are being targeted because someone else is preferred.

My advice is to approach someone you trust in the company to discuss the matter. Perhaps a VP or a human resources person. Stay calm and reasonable, explain the matter, and ask that it be looked into. Understand, though, that the company likely will take the boss's side and you may find yourself in a worse position than you are now.

Of course, you can also discuss the matter with your boss if that is possible.

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.

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Answered on 10/21/03, 5:24 pm

Re: Can you claim sexual discrimination against a Male Boss when you are also a

I think that there is sexual discrimination present in a workplace where the conditions of your employment are being adversely affected because a co-worker is sleeping with the boss. If what you describe is true then promotions are not based on merit but on sexual favors. I suggest you talk to an attorney or look at the EEOC web site at www.eeoc.gov.

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Answered on 10/21/03, 10:27 pm


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