When You Should Talk to a Lawyer
Sexual harassment in the workplace is not only disturbing (sometimes traumatic) but against the law. Employers are legally required to provide a safe workplace and protect employees against harassing behavior, sexual or otherwise. When employers commit sexual harassment against their workers, appropriate action must be taken. Sometimes it’s the boss or manager who wants a relationship or sex in order for you to be promoted or do well financially with the company. If you’re unsure about your rights, how to protect yourself, or filing a sexual harassment claim in such cases, consult with an experienced attorney. The sooner you discuss
Am I Protected If I Bring a Claim for Sexual Harassment?
The decision to report workplace sexual harassment is monumental but full of anxiety-inducing circumstances. You may worry about how reporting a violation of your workplace rights might affect your professional reputation and future career prospects. Using a private settlement agreement may allow you to assert your rights without fearing retaliation against you or your reputation. Private Settlement Agreements Explained A private settlement agreement is sometimes called a non-disclosure agreement. Through such an agreement, you and your employer decide to resolve your sexual harassment claim confidentially. Furthermore, neither you nor your employer is permitted to disparage the other party. Your employer
Can I File a Claim of Sexual Harassment Against a Small Corporation in Florida?
Some employers ignore the need for a strong human resources department and healthy corporate culture, choosing instead to focus solely on the financial side of running a business. When an employer doesn’t consider the human aspect of a workplace, they leave their employees vulnerable to harassment and discrimination. What Constitutes Workplace Sexual Harassment? Workplace sexual harassment is an umbrella term that covers a wide variety of actions. In fact, you may have been a victim of workplace sexual harassment without even knowing it. Here are a few examples of workplace sexual harassment: Sexual emails, texts, and phone calls Rubbing or
What Is Considered Sexual Harassment in the Workplace?
Everyone deserves to feel physically and emotionally comfortable in their workplace. In the era of #metoo, sexual harassment is no longer tolerated on any level, and many victims have come forward to claim damages based on sexual harassment in their professional lives. If you think you may have been a victim of sexual harassment in the workplace, you deserve to have your voice heard. Read on to find out more. Sexual Harassment in the Workplace Feeling unsafe in your place of work can affect the quality of your work and the quality of your life. Many actions legally qualify as
Steps for Filing a Sexual Harassment Claim
In a legal context, the term “sexual harassment” refers to any unwanted sexual conduct or advances. When it happens in the workplace, this type of behavior leads to a hostile or intimidating work environment. Grounds for a legitimate sexual harassment claim can range in severity from offensive jokes and comments to physical assault. There are both federal and state laws in place to protect employees from workplace sexual harassment. If you or someone you know has experienced sexual harassment at work, it is important to take steps to protect yourself. Below, we will discuss steps for filing a claim of
What Can I Recover in a Sexual Harassment Claim?
If you were subjected to Sexual Harassment at work, you may be entitled to a settlement or award of compensatory and punitive damages if your employer is responsible for the sexual harassment. The main categories of damages in a sexual harassment case are: Back Pay Damages: “Back pay” is awarded when you have been fired or forced to resign because of the sexual harassment. Back pay is your total compensation including salary, bonuses, healthcare benefits, contributions to retirement plans, vacation pay, and paid time off. You may recover back pay from the time your claim began until the date of
Is My Employer Responsible for Sexual Harassment?
Sexual harassment is conduct in the workplace that makes sex a factor. When conduct interferes with the work environment, or creates an intimidating, hostile, or offensive work environment, it is a civil violation under Florida and Federal law. An employer can be held liable for sexual harassment or a hostile work environment claim. If the harasser is not the victim’s supervisor, an employer will be held directly liable if it knew or should have known of the harassing conduct but failed to take quick and effective action. Miller v. Kenworth of Dothan, Inc., 277 F.3d 1269, 1278 (11th Cir. 2002).
What is Sexual Harassment?
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance creating an intimidating, hostile, or offensive working environment. Some examples of Sexual Harassment in Florida that are illegal may include but are not limited to the following:
2022 Super Lawyers Award
In Sexual Harassment claims in Florida, your chances of maximizing compensation are better when you’re represented by a lawyer who knows how to negotiate claims with your best interest in mind. That’s how attorneys make a difference. Our clients have gotten bigger financial recoveries because we combine passion with experienced-based strategy… and that’s how Ronald W. Fraley of The Fraley Law Firm became one of the few Sexual Harassment and Employment Retaliation lawyers recognized by the Super Lawyers program. Sexual harassment is conduct in the workplace that makes your sex a factor. Employment Retaliation occurs when an employee is punished
EEOC Florida FAQ
The EEOC (Equal Employment Opportunity Commission) The Equal Employment Opportunity Commission (EEOC) is an agency that enforces the laws against workplace discrimination, including laws against Sexual Harassment and Retaliation in Florida. The EEOC investigates claims of discrimination, Sexual Harassment and Retaliation in Florida. Before The Fraley Law Firm, P.A. can file a claim, you must first file a Charge of Discrimination with the EEOC. After a certain period of time, the EEOC will issue a Right to Sue letter that will allow The Fraley Law Firm, P.A. to file your claim in court. You must file with the EEOC within 180 days