Harassment

Workplace Harassment Guidance and Legal Support

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:

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.

 Contact Us for a Free Consultation on Harassment Claims. You won’t get charged anything unless the firm wins your case.

Workplace Harassment FAQs: Your Questions Answered

HOW CAN AN ATTORNEY HELP WITH WORKPLACE HARASSMENT?

An attorney who specializes in workplace harassment can help you understand your rights and options under state and federal law. They can also help you navigate the legal process, including filing a complaint with the appropriate agency, negotiating a settlement, or filing a lawsuit. With the right legal representation, you can seek justice and hold your employer or the harasser accountable for their actions.

WHAT DAMAGES CAN I RECOVER IN A WORKPLACE HARASSMENT LAWSUIT?

If you prevail in a workplace harassment lawsuit, you may be entitled to a variety of damages, including lost wages, emotional distress, and punitive damages. The specific damages available in your case will depend on the facts and circumstances of your situation, as well as the applicable laws in your state.

HOW LONG DO I HAVE TO FILE A WORKPLACE HARASSMENT CLAIM?

The deadline for filing a workplace harassment claim varies depending on the state and the type of claim. In Florida, for example, you generally have 365 days from the date of the last incident of harassment to file a complaint with the Florida Commission on Human Relations. However, it is always best to consult with an attorney as soon as possible to ensure that you do not miss any important deadlines.

WHAT STEPS SHOULD I TAKE IF I'M FACING HARASSMENT AT WORK?

If you're experiencing harassment in the workplace, it's crucial to report the behavior to your employer as they are obligated to create a safe environment and address such issues. Should the employer fail to take appropriate action, you may consider filing a legal claim. It's advisable to consult with a legal professional who can guide you through the process and help protect your rights.

CAN CO-WORKERS FILE A HARASSMENT CLAIM ON MY BEHALF?

Yes, co-workers or other employees who witness harassment can file a claim on behalf of the person being harassed. This action can be instrumental in stopping inappropriate behavior and holding the responsible parties accountable. It's important for witnesses to come forward and report incidents to ensure a respectful and safe workplace for everyone.

Explore Additional Harassment Resources and Support

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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:

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.

Commonly Asked Workplace Harassment Questions

How can an attorney help with workplace harassment?

An attorney who specializes in workplace harassment can help you understand your rights and options under state and federal law. They can also help you navigate the legal process, including filing a complaint with the appropriate agency, negotiating a settlement, or filing a lawsuit. With the right legal representation, you can seek justice and hold your employer or the harasser accountable for their actions.

What damages can I recover in a workplace harassment lawsuit?

If you prevail in a workplace harassment lawsuit, you may be entitled to a variety of damages, including lost wages, emotional distress, and punitive damages. The specific damages available in your case will depend on the facts and circumstances of your situation, as well as the applicable laws in your state.

How long do I have to file a workplace harassment claim?

The deadline for filing a workplace harassment claim varies depending on the state and the type of claim. In Florida, for example, you generally have 365 days from the date of the last incident of harassment to file a complaint with the Florida Commission on Human Relations. However, it is always best to consult with an attorney as soon as possible to ensure that you do not miss any important deadlines.

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