Home » Law Enforcement Articles » FL Courts Rule Not All Harassment About Sex Is Sexual Harassment
FL Courts Rule Not All Harassment About Sex Is Sexual Harassment
A district court in Tampa recently determined that just because harassment is sexual in nature, the conduct will not be automatically deemed sexual harassment under the law.
November 18, 2011 /Law Enforcement PR News/ -- A district court in Tampa recently determined that just because harassment is sexual in nature, the conduct will not be automatically deemed sexual harassment as defined by Title VII, the law that governs workplace sexual discrimination law.
The Case
Steven Christine was an employee of a mortgage investment firm for only a few weeks when co-workers started to make inappropriate comments about his sexual preferences. Christine alleges that male coworkers and supervisors tried to label him as a pedophile, nicknaming him things like "B12," meaning that Christine was attracted to boys under 12 years of age. The last straw for Christine was when he discovered that a co-worker had changed his screensaver to an image of a black van with "free candy" sprayed on the side. Christine walked out and filed suit against his employer for sexual harassment.
However, the court determined that Christine's employer was not guilty of sexual harassment. To be defined as sexual harassment under the law, an employer's actions must meet several requirements as defined in Florida case Mendoza v. Borden, Inc. The plaintiff must prove that:
- He or she is part of a group protected by the law
- He or she was subject to sexual advances, requests for favors or other actions or conversations that are sexual in nature
- These advances made his or her work environment impossible to work in
- The harassment was based on his or her gender
Christine met the first three requirements of the law, but not the last one. Though the discrimination was sexual in nature and created a hostile work environment for him, the court ruled that the harassment was not based on the fact that Christine was a man, but on an alleged sexual deviation. This difference, and the fact that the harassment was specific to Christine rather than male employees in general, led the court to decide that Christine's case did not fall under the provisions of Title VII.
The Impact
Christine's case demonstrates how difficult it can be for plaintiffs to prove sexual harassment has occurred in the workplace. In order for sexual harassment to be "actionable," or harassment for which an employer could be held liable, the plaintiff needs to prove that the harassment was severe, pervasive, and affected the employee's ability to perform his or work duties.
Technically, actionable sexual harassment falls under two categories: hostile environment and quid pro quo. Hostile environment sexual harassment is the type explained above, in which repeated sexual advances, conversations, touching or more severe actions like rape or stalking occurs in the workplace. Quid pro quo is a Latin phrase that means "this for that." This type of sexual harassment occurs when an employer demands sex in exchange for a promotion or threatens to fire an employee if they do not consent to sexual advances.
Courts in the state of Florida must uphold the law outlined in Title VII, using court cases as precedents to inform their decisions. Sexual harassment is a sensitive issue for both the plaintiff and those accused of committing the harassment, and courts are constantly shaping the law with each sexual harassment ruling they write.
Harassment and discrimination cases are complicated. Even though certain conduct may not be prohibited under one statute, it may be prohibited under another. If you or a loved one has been harassed or discriminated against at work for any reason, contact an experienced employment law attorney to explore your legal options.
Article provided by Law Office of William M. Julien, P.A.
Visit us at www.attorneyjulien.com
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