FLORIDA WORKPLACE SEXUAL HARASSMENT ATTORNEY
It’s your right as an employee to stop sexual harassment. The Florida sexual harassment attorneys at Wenzel Fenton Cabassa, P.A. represent employees subjected to harassing behavior at work, wrongful termination, or other retaliatory actions for reporting sexual harassment. Our firm handles all types of Title VII employment discrimination claims.
Everyone deserves a safe, harassment-free workplace. Our Florida sexual harassment attorneys fight for employee rights for safety and security at work.
WHAT IS CONSIDERED SEXUAL HARASSMENT AT WORK?
Sexual harassment in the workplace is any type of unwelcome sexual advances, demands or requests for sexual favors, or other varying types of offensive physical or verbal conduct of a sexual nature that would create a hostile work environment.
In the most egregious cases, sexual harassment involves sexual assault or a verbalized threat of losing a job unless the employee submits to sexual favors. This typically involves direct supervisors, managers, or even business owners. But the harasser may be a co-worker or even a customer.
Sexual contact or overt threats are not necessary to constitute harassment, which can include:
- Graphic sexual comments about an employee’s body
- Leering looks of a sexual nature
- Sexual propositions or repeated requests for dates
- Obscene jokes, sexual innuendos, or offensive pictures
- Inappropriate touching, such as patting, grabbing, pinching, or fondling
- “Violating your space” by hovering close in an intimidating manner
- Implied threats about your employment status
- Frequent graphic descriptions of sexual acts and exploits
- Offensive comments about your clothing
Any behavior that makes you feel uneasy can create an intimidating, hostile work environment, thus sexual harassment. When dealing with hostile work environments, you may become extremely stressed or nervous to even come into work and feel a wide range of emotions from fear to sorrow to anger.
We understand that these types of cases can be very complex. Our sexual harassment attorneys have the expertise and experience to help you determine if you have a valid claim against your employer.
Sexual harassment is a form of sex discrimination. The behavior does not have to be sexual in nature. You may have a claim if you can show you were treated poorly because of gender (or the opposite sex received favoritism). Florida employees are covered by multiple employee rights laws that a workplace sexual harassment lawyer will draw upon to determine the best strategy for your case.
FLORIDA SEXUAL HARASSMENT LAWS
Florida employees have strong protections under federal and state law.
Title VII of the Civil Rights Act protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin. Due to the fact that sexual harassment is considered sex discrimination, employers must abide by this law or face the consequences.
The Florida Civil Rights Act has similar components, offering additional legal protections. This state law provides for freedom from discrimination because of:
- race,
- color,
- religion,
- sex,
- national origin,
- age,
- handicap, or
- marital status
Federal and state law generally requires you to report the harassment in accordance with company policies if the company has such policies. But most victims just want the behavior to stop. Sexual harassment attorneys lead as your legal advocate to keep it from ever happening again and hold employers accountable for illegal actions in the workplace.
If you are currently dealing with sexual harassment, know you have a right to say no and take steps to stop it.
If the behavior continues, or if you are retaliated against and terminated for reporting sexual harassment, speak to a workplace sexual harassment lawyer about your case. They understand what it takes to hold powerful employers accountable for employment law violations.
Remedies that sexual harassment attorneys may attain can include:
- Compensatory damages
- Reinstatement to your job with all pay and benefits
- Back pay from the date of termination to the settlement or verdict
- Emotional damages for psychological suffering and damage to reputation
- “Front pay” damages of what you would have earned had you continued there
- Punitive damages, if the behavior was especially egregious, or if there are similar claims and settlements.
Sexual harassment is illegal. It can cause tremendous personal stress and severely impact an employee’s career and financial future. Our sexual harassment attorneys fight for employees each step of the way against powerful employers. We also know the complexity and sensitivity of these types of workplace harassment issues and listen closely to understand your situation.
If you have been sexually harassed in the workplace, contact us today.
Frequently Asked Questions
*How do I prove sexual harassment if it’s my word against my boss’s?
You don’t need “smoking gun” proof. Documentation (emails, texts, calendars, journals) and testimony can be enough. Even your own testimony, without other support can be enough, depending on the facts.
The Employment attorneys at Wenzel Fenton Cabassa, P.A. are skilled at building cases even when it seems like it’s just your word against theirs.
*What is quid pro quo harassment in Florida?
“Quid pro quo” harassment happens when job benefits (like promotions, raises, or even keeping your job) are conditioned on providing sexual favors. For example, if you are denied a promotion because you refused your boss’s advances, that may be quid pro quo harassment, which is prohibited by law.
If you’ve faced this kind of treatment, contact a Florida quid pro quo attorney at Wenzel Fenton Cabassa, P.A. to better understand your options for moving forward.
Can I be fired for reporting sexual harassment?
No. Retaliation is illegal. If you’re fired, demoted, or treated unfairly after reporting harassment, contact the Florida sexual harassment retaliation lawyers at Wenzel Fenton Cabassa, P.A.
*Do off-duty or after-hours incidents count as workplace sexual harassment?
Yes. Harassment that happens at work events, business trips, or through work-related communications (like email or text) can still qualify as workplace harassment.
*Is it illegal for a CEO to sleep with an employee?
When there is a power imbalance, it can easily cross the line into illegal harassment and raise concerns about coercion, favoritism, or hostile work environments. However, if you are not the employee directly affected, you do not have a claim just because it is going on.
If you believe you were pressured into a relationship or suffered negative consequences because of one, it may help to speak with an experienced Florida sexual harassment attorney at Wenzel Fenton Cabassa, P.A.
Is sleeping with your boss sexual Harassment?
If your boss implied or stated that your job, pay, or promotions depended on sexual favors, that is considered quid pro quo sexual harassment under federal and Florida law.
*What if I were denied a promotion because I refused my boss’s advances?
That’s called quid pro quo harassment. If your career advancement was tied to sexual favors and you were punished for saying no, you may have a strong claim under both federal and Florida law.
If this happened to you, contact the Florida quid pro quo lawyers at Wenzel Fenton Cabassa, P.A.F
*What if I was fired after reporting sexual harassment?
That may be illegal retaliation. If you lost your job, hours, or pay for standing up against harassment, contact the Florida workplace retaliation lawyers at Wenzel Fenton Cabassa, P.A.
*What is the statute of limitations for sexual harassment claims in Florida and under federal law?
To bring a workplace sexual harassment claim, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
- Federal law (EEOC): You generally have 300 days from the date of the harassment or retaliatory act to file a charge if state law also covers the claim (which it does in Florida).
- Florida law (FCHR): You generally have 365 days (1 year) from the date of the incident to file with the FCHR.
If you miss these deadlines, you may lose the right to pursue your claim in court. Acting quickly helps protect your rights.
If you believe you’ve experienced sexual harassment at work, contact a Florida sexual harassment attorney at Wenzel Fenton Cabassa, P.A.req
“My family and I truly appreciate everything that Mr. Fenton did for us. The whole firm went above and beyond to help us and everyone was fantastic. Very professional and compassionate. We were always kept updated with our case and received a quick resolution far above what we had hoped for. Not knowing how legal matters work, everything was explained to us in a matter we clearly understood, we were always kept notified, making the whole process painless. We would highly recommend Wenzel, Fenton and Cabassa to all that need legal representation.”
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