Understanding Workplace Sexual Harassment in Florida: Your Rights and Legal Options
What Constitutes Workplace Sexual Harassment in Florida?
Workplace sexual harassment is a serious issue that affects employees across various industries in Florida, including right here in Miami-Dade County. At Roberts, Basnuevo & Macias, P.A., we believe that every employee deserves to work in a safe, respectful environment free from unwelcome behavior or abuse. Understanding what qualifies as sexual harassment under Florida and federal law is the first step toward protecting your rights.
Types of Workplace Sexual Harassment
Sexual harassment in the workplace generally falls into two legally recognized categories:
1. Quid Pro Quo Harassment
This occurs when employment decisions (such as hiring, promotions, raises, or continued employment) are contingent upon the employee submitting to unwelcome sexual advances or conduct. For example, a supervisor who implies that an employee must engage in sexual activity in order to keep their job is engaging in quid pro quo harassment.
2. Hostile Work Environment
A hostile work environment exists when unwelcome sexual conduct or behavior is so severe or pervasive that it creates an intimidating, hostile, or offensive work atmosphere. Examples include:
- Repeated sexual jokes or comments
- Inappropriate touching or gestures
- Displaying sexually explicit materials
- Persistent unwanted flirting or advances
Importantly, this type of harassment does not have to involve a supervisor. Coworkers, clients, or even third parties can create a hostile work environment.
Legal Protections and Where to File a Claim
Both Title VII of the Civil Rights Act of 1964 (a federal law) and the Florida Civil Rights Act prohibit workplace sexual harassment. These laws apply to employers with 15 or more employees and provide avenues for victims to pursue justice.
If you experience sexual harassment, you may file a complaint with:
- The Equal Employment Opportunity Commission (EEOC)
- The Florida Commission on Human Relations (FCHR)
There are time limits to filing, so it’s important to act promptly. In Florida, a charge must generally be filed with the FCHR within 365 days, and with the EEOC within 300 days of the incident.
Your Rights Matter – Get Legal Help
At Roberts, Basnuevo & Macias, P.A., we are committed to helping Miami-Dade County residents navigate the legal system and hold accountable those who violate their rights. If you believe you’ve been a victim of workplace sexual harassment, we can help you understand your options, gather evidence, and pursue appropriate legal action.
You do not have to face this alone. We are here to support and guide you every step of the way.