Sexual Harassment in Florida For Employers

There are few discrimination or harassment cases that can impact a Florida business, like a sexual harassment claim. This is a very serious charge, and it can be very bad for a business to be sued for this reason. Being sure that you are getting the right legal defense in these cases is critical because it can be very hard to defend your company against a lawsuit of this nature.

The team at the Lopez Law Group knows how to help businesses that have been sued for sexual harassment. With years of experience in this area of the law, you can count on the team at Lopez Law to investigate and prepare your case carefully to ensure a favorable outcome. 

These kinds of cases tend to be hard to investigate accurately, and they require lots of legwork to build up the documents and testimony that are essential to the settlement or trial process.

Do I Need to Hire An Attorney to Help With Sexual Harassment Claims?

Yes, you always will need legal counsel to support your business if you have been sued for sexual harassment. These claims are very serious in the state of Florida, and they can lead to your company suffering a huge loss of reputation, as well as extensive legal fees and a long legal process. Managing these cases correctly is critical for business owners.

What is Considered Sexual Harassment in the Workplace in Florida?

There are various kinds of actions that are not allowed under Florida workplace law. The definition of the kinds of actions that are considered to be sexual harassment is quite clear under Florida Law. These are the actions that cannot be taken against an employee in the state of Florida:

•         Hostile Work Environment- Includes verbal sexual remarks, innuendo, touching
•         Quid pro Quo – Requests for sexual favors
•         Unwelcome Sexual Advances- includes requests for sexual favors, verbal or physical conduct of a sexual nature, implicit or explicit connection between demands for sex and employment status or favors at work, sexual conduct that interferes with work processes or individual performance, creation of a hostile, intimidating, or offensive work environment.

The victim can be male or female. The harasser can be male or female. The victim does not have to be of the opposite sex of the harasser. The harasser might be the victim’s supervisor, another employee who does not work directly with the victim, an owner, a co-worker, or even someone who is not an employee. 

The victim does not have to be the intended target of the harassment and can be an affected person by proximity.

Sexual harassment often is not reported due to fear of retaliation. However, employers cannot use sexual harassment to induce behaviors or to create action on the part of employees. Even if an employee has had consensual sex with another person in the business, they can still file a sex harassment claim for actions taken against them at work.

Sexual abuse might be physical, it could be violent, but it also might not be, and it can happen via email as well as in person. There are a myriad of ways that sexual misconduct can happen at work, and the problems that an employee reports do not have to be related to an actual physical event that took place.

Does Florida Have a Harassment Law?

Florida has various laws that govern harassment in the workplace. There is a specific set of laws that are related uniquely to sexual harassment, but harassment of other kinds is not allowed in the workplace under Florida law either. All harassment cases require that the worker proves that harassment was used against them at their place of work. Without proof, there is no case.

This is the reason that having a skilled attorney is so important if you run a business and have been accused of this kind of offense. People can say that you used any kind of harassment against them when hiring, firing, or training them, but the party bringing the lawsuit has to prove that these actions took place. 

Having a skilled legal team working hard on your case will ensure that your side of the story is told accurately and that the burden of proof is sufficient enough for a judge to even hear the case. In some situations, your lawyer will discover that there is no proof of harassment, and the case can be dismissed.

The foundation for these cases is a U.S.  Supreme Court Case from 1986, which is a landmark case. This was the first time that this kind of issue had been brought before the Supreme Court for adjudication. The determination led to various amendments to workplace laws to prohibit harassment of a sexual nature in the workplace.

Working With a Skilled Lawyer Matters

If your business has been sued for sexual harassment, you need to make sure that you have access to skilled legal representation. The sooner that you have a skilled legal team start investigating your case and gathering information related to it, the better. 

It can be hard to get testimony from the witnesses in these cases, and it can be tough to prove that the person bringing the suit does not actually have the burden of proof needed to carry through with the case. Attention to detail and prompt research are required to seek a positive outcome in these cases.

The employment lawyers at Lopez Law can help defend your business against sexual harassment charges that have been brought against you. You can count on our team to research the case, to make sure that all the relevant information has been gathered, and to provide negotiation advice and skills during the settlement process.

 If your case goes before a judge, we can represent you with care and skill. Contact us today to set up a consultation and get access to the legal support that your business needs.

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