Sexual Harassment

In recent years, viral trends such as the #MeToo movement have brought much needed attention to the problem of sexual misconduct in the workplace. Unfortunately, despite this higher level of awareness, sexual harassment continues to plague all elements of our society, including in the places that we work.

In Florida, it is generally the employer’s responsibility to maintain a workplace atmosphere that is free of sexual harassment. And while the occasional off-color joke or stray comment between employees might not rise to the level of actionable conduct, if the behavior that you have been subjected to rises to the level of severe or pervasive conduct, an employer may be held liable if it has been put on sufficient notice and fails to adequately address the offensive actions of its employees.

So what constitutes sexual harassment in the workplace? Well, for starters, any unwanted touching of your body by another co-worker qualifies. It might be something as severe as the grabbing of your private body area or non-consensual kissing. But it could also be something far more subtle, such as unsolicited neck massages or intentional brushing of one’s body against yours.

Inappropriate verbal behavior may also rise to the level of sexual harassment. Objectionable verbal conduct might include crude comments about you or other people’s personal appearance, vulgar discussions about sex, sexist profanities and slurs, inappropriate sex-based jokes, and unsolicited propositions and come-ons. Even if you are not the intended recipient of all of this verbal harassment, merely being present while your co-workers make these comments may still qualify as a hostile workplace environment on the basis of your sex.

Both Florida and federal statutory law protect against workplace sexual harassment. In addition, if you have been subjected to repeated acts of unwanted physical touching in the workplace and your employer is on notice of the behavior and fails to act, you may also be able to hold your employer liable under various theories in tort.

If your employer has a written sexual harassment policy or employee handbook explaining the process for reporting inappropriate sexual behavior, it is important to follow it to the best degree possible in order to ensure your employer is properly put on notice. Otherwise, you should make a detailed verbal or written complaint to a sufficiently highly situated member of management in order to best protect your rights. If you complain about sexual harassment and your employer then subsequently terminates you—or you are otherwise forced to end your employment against your will—you may also have a claim for wrongful termination and retaliation.

It is important to act quickly if you believe you have been the victim of sexual harassment in the workplace. Typically, an employee has up to one year from the date of the last act of inappropriate conduct to file a Charge of Discrimination with the appropriate state or federal agency, which may subsequently impact your right to file a lawsuit. Waiting too long could negatively affect your rights in a court of law.

If you believe that you have been the victim of sexual harassment in the workplace in violation of Florida state or federal law, please contact us to set up a free initial consultation to further discuss your rights.