Sexual Harassment Claims
Sexual harassment is a serious issue prohibited by federal, state, and sometimes local laws. Employers with 15 or more employees are legally required to maintain a workplace free from unwelcome and offensive conduct based on sex. This includes severe or frequent behavior that alters working conditions. Some local ordinances also protect employees in smaller workforces.
Examples of sexual harassment include unwelcome sexual advances, inappropriate physical conduct, requests for sexual favors, and offensive verbal, visual, or written communication. Harassment can come from supervisors, co-workers, customers, vendors, or corporate officers, and it applies regardless of whether the harasser is of the same or opposite sex.
If you experience sexual harassment, the law protects you from retaliation for reporting it. Employees should document incidents, follow their employer’s reporting policies, and bring the matter to the attention of HR or a higher-level supervisor. Employers are legally obligated to take prompt corrective action once a complaint is made.
To pursue a legal claim, employees must first file a charge of discrimination with the EEOC or the Florida Commission on Human Relations within the required timeframes. Retaliation by employers is also illegal, ensuring that employees can report harassment without fear of adverse consequences. Consulting with an experienced employment attorney is essential to navigating these claims and protecting your rights.
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Sexual Harassment Frequently Asked Questions
Federal and state laws prohibit employers with 15 or more employees from subjecting employees to harassment based on sex. There may also be county or city ordinances that prohibit sexual harassment in smaller workforces. To violate the law, the conduct must be unwelcome and offensive conduct based on sex that is sufficiently severe or frequent in the workplace to change your working conditions.
Sexual harassment in the workplace occurs when a person:
- Experiences unwelcome sexual advances
- Is subjected to unwelcome physical conduct of a sexual nature
- Is requested to perform sexual favors against their will or under the threat of retaliation
- Is subjected to frequent or severe verbal, visual or written conduct based on sex which a person finds offensive (including sexting, derogatory and sexually charged comments and even off-duty communications)
Note: It does not matter if your harasser is of the opposite or the same sex. It can be by a supervisor, co-worker, customer, vendor, or corporate officer.
While reporting sexual harassment can be scary, you are protected from retaliation if you refuse sexual advances or otherwise object to and/or complain about sexual harassment. Here are the recommended steps:
- Find out if your employer has a complaint policy for reporting sexual harassment
- Follow the policy requirements if they exist
- Document your complaint in writing, including that you consider the conduct unwelcome
- If you’re afraid to confront your harasser, report the harassment to human resources or a higher-level supervisor
The law requires your employer to take prompt remedial corrective action to stop the harassment.
To pursue a claim in court, you must first file a charge of discrimination with either:
- The U.S. Equal Employment Opportunity Commission (EEOC) – within 300 days
- The Florida Commission on Human Relations (FCHR) – within 365 days
Filing with these agencies is required before you can file a lawsuit in court. The time limits start from when you knew or should have known of the harassment and/or retaliation.
Retaliation is illegal. Federal and state laws prohibit employers from taking adverse actions against you—like termination, demotion, discipline, or less favorable working conditions—because you objected to and/or reported sexual harassment to the company or to an administrative agency.