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Florida and Federal Law Protect Workplace Sexual Harassment Victims
In 2010, over 11,000 claims of sexual harassment were filed with the Equal Employment Opportunity Commission (EEOC) -- a federal agency charged with protecting the quality of life among American employees.
November 19, 2011 /Law Enforcement PR News/ -- An employee of a Miami probation firm recently filed a lawsuit alleging that a supervisor and other employees were sexually harassing her in the workplace. That employee is not alone. In 2010, over 11,000 claims of sexual harassment were filed with the Equal Employment Opportunity Commission (EEOC) -- a federal agency charged with protecting the quality of life among American employees. Over 16 percent of these cases were reported by men.
As long as it is unwelcome, any of the following may constitute sexual harassment:
- Posters, pictures and emails that are sexual in nature
- Physical contact (including inappropriate touching of clothing and kissing)
- Verbal or written comments about someone's physical appearance, including clothing
- Asking about someone's sex life
Both federal and Florida law provide some protection for victims of sexual harassment, and the law accounts for the fact that every individual situation is different.
In order to file a sexual harassment claim in Florida, the employer must be made aware of the conduct. Most employers have handbooks that explain the process required for an employee to internally report sexual harassment. Following the process is an important step in making sure that the appropriate people know about the harassment.
In addition to making an employer aware of the conduct, someone claiming sexual harassment must file a claim with either the EEOC (the federal agency) or the Florida Human Relations Commission (FHRC). The agency must process the claim before a judge will hear the case. Sometimes, the agencies can solve or settle the claim without ever having to go to court. However, when appropriate, the agency will give a person claiming harassment a "right to sue" letter which allows that person to go to court.
Someone experiencing sexual harassment can take a number of steps for protection early on. Making it clear that the contact is unwelcome (i.e., by saying "no") is one step. If the behavior happens more than once, keeping a log or writing down everything that happens is another step. Finally, talking with a sexual harassment lawyer can help.
A person who wants to sue for sexual harassment can hire a lawyer at any step in this process -- even before notifying the employer -- and that person does not have to wait until the case actually goes to court. Sexual harassment lawyers can provide assistance at any time.
Article provided by Feldman Fox & Morgado PA
Visit us at www.floridatrialattorneys.net/
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