Harassment, unfortunately, comes in all forms. It is typically based on race, color, sex, gender identity, pregnancy, age, and disability. The harassment can come from any person in your workplace – boss, manager or supervisor, coworker, or even customers of your employer.
If you have been subjected to offensive jokes, name-calling, physical assaults or threats, or any type of inappropriate interference with work performance, it is time to take action against this harassment. This violates but is not limited to Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Section 760.10 of the Florida Statutes prohibits employment discrimination based on these acts mentioned. These types of harassment can create a hostile and unprofessional work environment and can be the subject of a lawsuit.
One of the most common types of harassment is Sexual Harassment. This comes in two forms:
- Quid Pro Quo Sexual harassment includes: demanding sexual favors in exchange for goods, employment, or promotion; punishing an employee in any way because he/she ends a romantic relationship; and/or changing performance expectations because an employee refuses requests for a date or relationship.
- Hostile Environment Hostile environment sexual harassment is when the harasser behaves in a way that creates an intimidating or offensive work environment. The harasser can be anyone in the workplace —a supervisor or a colleague.
What do I do?
First, if you are able, do your best to follow your company’s harassment policy. This is important so your employer doesn’t later file a case against you for not following the policy. If you have spoken with your employer or Human Resources Department about your situation and then no improvement, it is important to begin following the steps of filing a legal claim.
Do I need an attorney?
If you believe you are experiencing harassment in the workplace, it is never a bad idea to get legal advice from an attorney. There are steps that your attorney can guide you through in order for you to get the compensation you deserve and sometimes this also results in preventing other employees from having to deal with this type of hostile work environment. Your employer is liable for any type of harassment if they do not take timely and appropriate actions to address harassment.
At Scott and Wallace, we understand that many victims of harassment do not report their cases because they fear repercussions and retribution at work. But it’s important to know that there are federal and state laws that provide protection to victims in these types of circumstances.
When you hire us, we ask only that you place your legal issues squarely in our hands so that you can focus on your healing and well-being. From then on, your fight becomes our fight— and our mission is full and final justice for you.