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Sexual Harassment

Workplace Sexual Harassment Causes Fear, Anxiety, and Depression.
If you were sexually harassed at work, call now!

Frustrated Woman

To bring a claim for sexual harassment of either type, it is not necessary to have been fired from your job. Many cases of sexual harassment are brought while the victim and the harasser remain employed by the same company. If you believe you are the victim of sexual harassment, please contact my office today.



There are essentially two types of sexual harassment. These two types of sexual harassment are commonly referred to as "quid pro quo" sexual harassment, and "hostile work environment" sexual harassment. All types of sexual harassment must be unwanted or unwelcome. Voluntary participation on the part of the victim, the person being harassed, is a complete defense to a claim or charge of sexual harassment. This "consent" must however be completely voluntary and free of all coercion, threats or intimidation.



       

If you would like to learn more about the
proceedure to file a charge of discrimination, click here.


SEXUAL HARASSMENT RESULTING FROM "QUID PRO QUO" CONDUCT

Sexual harassment exists when sexual considerations are demanded in exchange for job benefits. For example, if a co-worker, supervisor, manager, director or officer of the company you work for states that your job could be easier if you agree to engage in a sexual relationship, or if as a condition to hiring or continued employment, a sexual relationship is required. To bring a claim for this type of sexual harassment there need only be one incident.

SEXUAL HARASSMENT RESULTING FROM A "HOSTILE WORK ENVIRONMENT"

Sexual harassment exists when the harassing conduct unreasonably interferes with your job performance, or creates an intimidating, hostile, or offensive work atmosphere, whether or not the harassment is linked to economic job consequences. For example, if a co-worker, supervisor, manager, director or officer of the company you work for repeatedly asks you out on a date, makes sexual references about you or other individuals, repeatedly touches you in an inappropriate manner or makes suggestions of a sexual nature, you may have a claim for hostile work environment sexual harassment.

REPORTING SEXUAL HARASSMENT:

The most recent law on the issue of reporting sexual harassment states that if there is a company sexual harassment policy, which was distributed to you or easily obtainable by you that discusses what action to take to report sexual harassment, then you are required to report the offending conduct to the supervisor of the harasser, or to your own supervisor.

Report the Conduct Even If There Is No Policy: Regardless of whether a policy exists or not, it is the best course of action to report the offending behavior to your supervisor, or the supervisor of the harasser.This prevents the employer from later taking the position that you have no claim because you did not report the sexual harassment. The report of sexual harassment should be made verbally at once, and followed by a written report detailing all incidents of sexual harassment. The written report of sexual harasssment should be sent by certified mail/return-return receipt requested to the supervisor to whom you are making the complaint, as well as the human resources department of the company.

The reason for the report is simple: The company in many situations will not be held responsible for sexual harassment unless the company knew or should have known about the sexual harassment. The written sexual harassment report and proof that the company received the report will prevent the company from defending the your claim of sexual harassment by stating that it had no knowledge of the sexual harassment.


    If you would like to discuss your potential case with a dedicated, caring, thorough, and aggresive                   attorney you can trust, call 904-619-9281 or e-mail me now to schedule a consultation.


If you are Outside the State of Florida: For those of you who live in other states, there may be a state agency in your state. It is highly recommended that you investigate to determine which agency should be contacted to file a charge of discrimination in your home state. You should seek legal advise from a licensed attorney in your state. You can usually locate a licensed attorney in your state by contacting the state bar association or by visiting the National Employment Lawyers Association's "Find-A-Lawyer Directory."


Do Not Wait To Take Action!


If you feel you were the victim of sexual harassment or retaliation because you refused sexual advances, you should file a charge of discrimination immediately to preserve your rights from statutory deadlines.