Sexual harassment is conduct in the workplace that makes sex an unnecessary and unwanted part of the workplace environment. There are two basic categories of Florida sex harassment, and most cases fall into at least one:
Quid pro quo. Quite literally, quid pro quo means something for something. In situations involving this type of Florida office harassment, an employee is forced or urged to choose to submit to the sexual demands of a superior, or face adverse consequences (e.g., getting fired, losing pay, being refused a promotion) if he or she refuses.
Hostile environment. In situations involving a sexually hostile work environment, an employee or group of employees must prove that the following conditions were met:
- That certain people or members of a group were subjected to unwelcome harassment;
- The harassment was sexual in nature;
- The harassment affected a term, condition, or privilege of employment;
- The conduct was serious and more than just joking; andThe employer was or should have been aware of the harassment and did not take necessary remedial action (the employer took no action at all, took insufficient action, or made the problem worse)
The sexual harassment laws are constantly evolving, and there are a number of factors and details that are considered in determining Florida workplace harassment, including the following:
The response of the employer to complaints; and
The existing policies, procedures, and training that an Employer has put in place to deal with sexual harassment in the workplace in Florida.
However, please always remember that whether the sexual harassment is quid pro quo or a sexually hostile work environment, it is illegal, and when the conduct affects an individual’s employment, interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, it is definitely illegal under the Florida and Federal laws that prohibit sexual harassment in the workplace.
If you have a question about whether you have been subjected to sexual harassment or punished for reporting sexual harassment, please feel free to give us a call. We do not charge for consultations and under the law everything you tell us is confidential until you decide.