Physical harassment in the workplace is one of the most serious forms of misconduct an employee can experience. It goes beyond inappropriate comments or offensive jokes and involves unwanted physical conduct that makes a person feel unsafe, threatened, or violated at work. Unfortunately, many employees are unsure whether what they experienced “counts” as harassment or what legal options are available to them under Florida and federal law.
If you have been subjected to physical harassment at work, you may feel embarrassed, frightened, angry, or uncertain about what to do next. You may also worry about retaliation, losing your job, or being dismissed if you report the behavior. A workplace physical harassment lawyer can help you understand your rights, evaluate your legal options, and take steps to protect your safety and your future.
This guide explains what workplace physical harassment is, how Florida law protects employees, and when it is time to speak with an experienced employment attorney.
Workplace physical harassment refers to unwelcome physical conduct that interferes with an employee’s ability to work or creates an intimidating, hostile, or abusive work environment. While physical harassment often overlaps with sexual harassment, it does not always involve sexual intent. Any unwanted physical behavior that targets an employee because of a protected characteristic or that is severe or pervasive enough to alter working conditions may qualify.
Examples of workplace physical harassment include:
In some cases, a single incident may be serious enough to constitute harassment. In others, repeated behavior over time creates a hostile work environment. Either way, physical harassment is not something employees are expected to tolerate.
Physical harassment is often sexual in nature, but it does not have to be. Sexual harassment typically involves unwelcome physical conduct of a sexual nature, such as groping or unwanted sexual contact. However, physical harassment can also involve aggressive or intimidating physical behavior that targets an employee because of their sex, race, disability, sexual orientation, gender identity, or another protected characteristic.
For example, physically intimidating a female employee to assert dominance, repeatedly invading a coworker’s personal space because of their sexual orientation, or physically threatening an employee who reported discrimination may all constitute unlawful harassment.
A workplace physical harassment lawyer can help determine whether the conduct you experienced qualifies as sexual harassment, discriminatory harassment, or another type of illegal workplace misconduct.
Employees in Florida are protected from workplace physical harassment under both federal law and state law.
Title VII is a federal law that prohibits workplace discrimination and harassment based on protected characteristics, including sex, race, color, religion, and national origin. Physical harassment that targets an employee because of one of these characteristics — or that creates a hostile work environment — may violate Title VII.
Title VII applies to employers with 15 or more employees and protects workers from harassment by supervisors, coworkers, and, in some cases, third parties such as clients or customers.
The Florida Civil Rights Act mirrors many of the protections provided under federal law and applies to employers in Florida. It prohibits discrimination and harassment in employment based on protected characteristics, including sex, pregnancy, race, age, disability, and marital status.
In many cases, employees may have claims under both federal and Florida law. A workplace physical harassment lawyer can determine which laws apply to your situation and ensure that all deadlines and procedural requirements are met.
Not every uncomfortable interaction rises to the level of illegal harassment. For conduct to be considered unlawful, it typically must meet one or more of the following standards:
Physical harassment often meets the “severe” standard more quickly than verbal harassment, especially when it involves threats, force, or unwanted touching. Courts recognize that physical conduct is inherently more invasive and intimidating than words alone.
Physical harassment can be committed by:
Employers can be held legally responsible if they knew or should have known about the harassment and failed to take appropriate action. Employers may also be automatically liable for harassment committed by supervisors in certain circumstances.
If the harasser is a supervisor, the employer’s legal exposure may be significantly greater. A workplace physical harassment lawyer can evaluate employer responsibility and help determine the best course of action.
Experiencing physical harassment can be overwhelming, but taking certain steps may help protect your rights.
First, if you feel unsafe, prioritize your immediate safety. Physical harassment can escalate, and no job is worth risking your well-being.
Second, document what happened. Write down dates, times, locations, what occurred, and who witnessed the behavior. Save emails, texts, or messages related to the incident. This documentation can become critical evidence later.
Third, review your employer’s harassment policy. Many companies require employees to report harassment through HR or a designated supervisor. While reporting is not always legally required, it can be an important step in preserving your claim.
Finally, consider speaking with a workplace physical harassment lawyer before or shortly after reporting. An attorney can help you avoid mistakes, prepare for retaliation risks, and ensure your rights are protected throughout the process.
Fear of retaliation is one of the main reasons employees hesitate to report physical harassment. Retaliation can include termination, demotion, reduced hours, isolation, or negative performance reviews after reporting misconduct.
Both federal and Florida law prohibit retaliation against employees who report harassment or participate in an investigation. Even if the underlying harassment claim is ultimately disputed, retaliation itself can be a separate legal violation.
A workplace physical harassment lawyer can help you recognize retaliation, document it properly, and take action if your employer responds unlawfully.
Navigating a workplace harassment claim is rarely straightforward. Employers often deny wrongdoing, minimize complaints, or attempt to shift blame onto the employee. Having an experienced attorney on your side can make a significant difference.
A workplace physical harassment lawyer can:
Importantly, an attorney provides guidance and advocacy during a time when many employees feel isolated and unsure of their rights.
Depending on the facts of your case, you may be entitled to compensation for:
Every case is different, and outcomes depend on factors such as the severity of the conduct, the employer’s response, and the evidence available. A workplace physical harassment lawyer can help assess what damages may be available in your situation.
Workplace harassment claims are subject to strict deadlines. In many cases, employees must file a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations within a specific time frame.
Missing these deadlines can prevent you from pursuing your claim entirely. Speaking with a lawyer as early as possible helps ensure that your rights are preserved.
Physical harassment in the workplace is a serious violation of trust, safety, and dignity. No employee should be forced to endure unwanted physical conduct as the price of keeping a job. If you are questioning whether what you experienced was harassment, that uncertainty alone is a sign that it’s time to speak with someone who understands the law.
A workplace physical harassment lawyer can help you regain control, understand your options, and take informed steps forward — whether that means resolving the issue internally or pursuing formal legal action.
Cruz Law Firm, P.A. represents employees throughout Florida in workplace harassment and employment law matters. Our firm understands how intimidating it can be to come forward, especially when your livelihood is at stake. We are committed to protecting employees who have been subjected to physical harassment, sexual harassment, retaliation, and other unlawful workplace conduct.
If you believe your rights have been violated, we can help you understand your options and advocate for the outcome you deserve.
At Cruz Law Firm, P.A., we represent employees in Tallahassee, Jacksonville, and throughout the Florida Panhandle. We’ll fight to protect your employment rights, from workplace discrimination and sexual harassment to wrongful termination and whistleblower claims. Let us put our experience to work for you.