Filing a sexual harassment claim in Florida can be done directly through your employer or through the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC).
If your employer refuses your claim or fails to take appropriate action, file with the FCHR or EEOC.
Table of Contents
Florida acknowledges sexual harassment as illegal in the workplace and other areas. It occurs when a person makes inappropriate comments or jokes of a sexual nature or engages in physical conduct such as touching that is unwanted and makes another person or other people uncomfortable. This constitutes a hostile work environment.
If you suspect that you might be a victim of sexual harassment at work, it’s important to know how to identify conduct that constitutes such harassment. In some cases, it can be overt, but other times, it may be very subtle. Sexual harassment can happen through physical contact, sexual advances, requests or demands for sexual favors, sexually-tinged remarks or jokes, sharing explicit images, video or other content through electronic means, threats or promises for benefits in exchange for sexual contact or even a date – known as quid pro quo – and other unwanted and unwelcome physical or verbal conduct that causes discomfort.
After experiencing sexual harassment in Florida, you should immediately report the situation to your supervisor. They will report the harassment to your employer so they can take the appropriate course of action. However, if your employer does nothing or tries to persuade you to drop your claim, you can file with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). You have up to 365 days of the harassment to file with the FCHR and up to 300 days of the incident to file with the EEOC.
Need free legal help in Florida?
We specialize in personal injury claims.
What Are the Types of Sexual Harassment That Commonly Occur?
In Florida and elsewhere, certain types of sexual harassment are common. They include physical acts, requests for favors, unwelcome touching, unwanted verbal comments of a sexual nature, sexual jokes, quid pro quo harassment, unwanted sexual advances, showing content of a sexual nature and pressuring someone into a date or sexual activity to keep their job or for a promotion or raise.
You have legal rights and responsibilities in Florida regarding sexual harassment in the workplace. These are due to federal laws that protect employees against sexual harassment, state laws that govern sexual harassment and employer obligations regarding preventing and responding to complaints.
Under Title VII of the Civil Rights Act of 1964, sexual harassment in the workplace is illegal. If an employee is subjected to such harassment and their employer does not take action to put a stop to it or appropriately deal with the individual perpetrating the harassment, the employer can be held liable. This is because employers are responsible for ensuring that the workplace is free of sexual harassment and other actions or behaviors that make it a hostile place.
Florida’s laws acknowledge that sexual harassment is a type of discrimination and makes this conduct illegal in the workplace. Per the state laws, it is illegal for anyone to make unwanted sexual advances, request sexual favors, engage in physical or verbal conduct of a sexual nature or promise someone something in return for sexual activity in the workplace. According to Florida’s Department of Management Services (DMS), any behavior or speech that is unwelcome and unwanted of a sexual nature that creates a hostile work environment is considered sexual harassment.
Employers are required to prevent sexual harassment in the workplace. They should have a clear and concise explanation about what constitutes sexual harassment and stress that it’s illegal; this can be in the employee handbook or on a sign posted in common areas where everyone can see it. There should be language included that explains how employees can prevent sexual harassment or how to report it if they experience it or witness it.
If an employee makes a complaint about sexual harassment to their employer, the employer is obligated to respond appropriately. There should be a company policy on how sexual harassment is handled, and it must be carried out. The first step is to conduct an investigation into the matter through the human resources department. Next, both parties should be interviewed independently to get both sides of the story. If it’s determined that sexual harassment did, indeed, happen, the employer should take appropriate disciplinary measures. This can include terminating the person who perpetrated the harassment.
Florida’s sexual harassment laws pertain to certain employers. Public and private employers with 15 or more employees are covered and must have established policies to combat sexual harassment or deal with it if it occurs. State and local government agencies are also subject to these laws.
If you are a Florida employee who has faced sexual harassment, you have the right to file a complaint. Always document everything as it happens so you don’t miss any details when you choose to file. Make note of the dates and times when incidents occur, and when you’re ready, submit your complaint to your supervisor so your employer can be notified.
Need free legal help in Florida?
We specialize in personal injury claims.
