Workplace Sexual Harassment Attorney in Tallahassee, FL

Steps to Take After Being Sexually Harassed on the Job

If you believe you were subjected to sexual harassment at work, you should take the following steps:

• Collect evidence of the harassment, such as copies of offensive printed materials or videos distributed in the workplace, photos or videos of the harassment occurring, emails, text messages, or social media posts.
• Review your employer’s policy handbook to determine if your employer has a formal sexual harassment policy.
• Report the harassment to your employer according to the procedures in your employer’s sexual harassment policy. If your employer does not have a formal policy, report the harassment in writing to your supervisor, your supervisor’s supervisor, or a human resources representative.
• Speak to a Tallahassee sexual harassment lawyer with Cruz Law to learn about your legal rights.

What Law or Laws Protect Employees from Workplace Sexual Harassment in Florida?

Both state and federal laws protect employees from sexual harassment in the workplace. These laws include:

• The Florida Civil Rights Act (FCRA) prohibits employers from causing or willfully permitting workplace harassment motivated by an employee’s sex or gender.
• Title VII of the Civil Rights Act of 1964 (Title VII) is a federal law prohibiting sexual harassment or discrimination in the workplace, holding employers liable for such harassment.

How to Prove Sexual Harassment at Work

Some evidence that could prove helpful in establishing that you have been the target of sexual harassment at work includes the following:

• Eyewitness testimony
• Medical records
• Human resources complaints and investigations
• Photos and videos
• Surveillance footage
• Recordings or notes of in-person conversations or phone calls
• Emails, text messages, voicemails, social media posts, or corporate internal messaging system items
• Copies of sexually obscene or offensive pictures, videos, or other materials

If you are claiming to have suffered quid pro quo sexual harassment at work, you will need to show that:

• You received unwanted sexual requests or advances.
• The requests/advances were based on sex.
• Agreeing to provide the requested sexual favors was a condition of receiving job benefits, or refusing sexual requests or advances caused you to suffer an adverse employment action.
• Your employer controlled and was liable for the supervisor’s or co-worker’s conduct.

To prove that sexual harassment created a hostile work environment for you, you will need to show that:

• You were subjected to harassing behavior, such as unwanted and lewd comments of a sexual nature or unwelcome and inappropriate touching.
• The harassing behavior was either serious or pervasive/frequent enough to negatively affect a term or condition of your job.
• Your employer knew or should have known that harassment was occurring and failed to take reasonable steps to stop the harassment.

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Types of Damages in a Sexual Harassment Lawsuit

You may be entitled to recover compensation for financial and personal losses you suffered due to sexual harassment in the workplace, such as:

• Back pay you lost after being terminated due to quid pro quo sexual harassment or resigning due to a hostile work environment caused by sexual harassment
• Front pay you could have earned if you had not lost your job or other career advancement opportunities
• Emotional distress and suffering, including anxiety, depression, or post-traumatic stress disorder
• Loss of reputation
• Injunctive relief, such as reinstatement to a job you were wrongfully terminated from
• Punitive damages that punish an employer for intentionally creating or recklessly fostering a workplace culture of sexual harassment

How Long Do I Have to File a Sexual Harassment Claim?

Title VII gives you 180 days from the date the harassment occurred or last occurred to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). This filing deadline is extended to 300 days if the sexual harassment you experienced is also prohibited by state or local law.

The EEOC will investigate your claim and may issue you a notice of right-to-sue, which permits you to file a lawsuit in federal court. You have 90 days after receiving your notice of right-to-sue to file your sexual harassment lawsuit against your employer.

You may also file a sexual harassment charge under Title VII or the FCRA with the Florida Commission on Human Relations (FCHR). An FCHR charge must be filed within 365 days of the act of harassment.

Frequently Asked Questions