Workplace Harassment Guidance and Legal Support

What Constitutes Harassment?

The Florida Civil Human Rights Acta protects workers from unlawful discrimination and harassment in the state. Generally, harassment is defined as any unwelcome verbal, visual, or physical conduct that is “severe or pervasive” and that affects your working conditions or otherwise creates a hostile working environment for you. In order to bring forward a claim of workplace harassment, the conduct must meet the following requirements:

• You were required to endure the conduct as a condition of your employment.
• The harassment was severe or pervasive enough that any reasonable person would consider it to be abuse.

There are two types of workplace harassment in Florida that could lead to a liability lawsuit:

• Quid pro quo harassment – a superior requests sexual favors from an employee in exchange for a raise, promotion, or some other work benefits, and the employee’s acceptance or denial of sexual favors will determine the superior’s employment decisions
• Hostile work environment harassment – unwanted conduct that is severe or recurring makes it difficult or otherwise uncomfortable for an employee to work

Some examples of behavior that constitutes harassment are:

• Making repeatedly offensive jokes
• Using racial slurs
• Consistently putting someone down for their race, religion, color, gender, national origin, age, disability, or genetic information
• Displaying pictures or items someone finds offensive
• Behaving in a way that terrorizes or bullies

In most cases, a single instance of harassment may not be enough to prove a case; several consistent instances of harassing conduct will make for a stronger claim of harassment, as in the case of bullying or discriminatory jokes.

Filing a Claim of Harassment

If you have experienced harassment in the workplace, you should first notify your employer about the behavior. Employers have the legal duty to foster a safe and non-discriminatory workplace, so it is their responsibility to investigate any claims of harassment and make reasonable attempts to stop the conduct. 

In the case that your employer does not resolve the situation accordingly, you can take legal action by filing a claim against your employer. The claim you file will depend on the situation, such as filing a claim of discrimination for discrimination-based harassment. 

Visit the following pages to learn more about filing a discrimination claim:

• Religious discrimination
• Age discrimination
• Disability discrimination
• Gender discrimination
• Race discrimination

Co-workers or other employees who witness you or someone else being harassed may also file a claim on your behalf.

You should not have to endure any degree of harassment in the workplace. If you are experiencing sexual or discriminatory harassment of any kind, your employer should be held liable for condoning this conduct. Lee Law can take a closer look at your case to determine your legal options moving forward, including notifying your employer and/or filing a claim with the appropriate government department if your employer does not resolve the issue.

 Schedule a free consultation today to get started. You won’t get charged anything unless the firm wins your case.

Helpful Resources

• Equal Employment Opportunity Commission's resources on workplace harassment