Florida Workplace Sexual Harassment

If you are a victim of Florida workplace sexual harassment, you have the right to file a complaint with a state and/or a federal government. For especially egregious acts of sexual harassment, you might have enough evidence to file a civil lawsuit.

What Florida Laws Protect Against Sexual Harassment?

If you have been sexually harassed at work in Florida, you should know the Florida Civil Rights Act makes it illegal for employers to discriminate based on factors like age, color, handicap, and marital status.

Florida also prohibits discrimination in the workplace based on gender. Gender discrimination encompasses a wide variety of acts, from failing to give a qualified worker a promotion to condoning acts of sexual harassment in the workplace.

An employer can punish an employee for not agreeing to engage in sexually inappropriate actions.

Workers file Florida workplace sexual harassment claims with the Commission on Human Relations, as well as the Equal Employment Opportunity Commission (EEOC).

The two agencies have developed a strong work-sharing arrangement that includes automatically sharing information that concerns sexual harassment complaints.

If you file a sexual harassment claim with the EEOC, the federal agency sends the same information to the Florida Commission on Human Relations.

What is Considered Sexual Harassment?

Florida law makes it unlawful for an employer to harass an employee because of the employee’s sex.  Sexual harassment in Florida includes acts such as a request for sexual favors and unwanted sexual advances.

Any type of verbal and physical harassment of a sexual nature defines an act of sexual harassment in Florida. Physical harassment also includes inappropriate gestures.

Sexual harassment can also involve making offensive comments, such as mocking an employee for wearing a certain style of clothes or issuing remarks that use sexually-charged profanity.

Simply making general comments about gender constitutes sexual harassment in Florida. Victims and harassers can be either a man or a woman. For example, it is possible for a female worker to sexually harass another female worker.

What Types of Employers are Covered by Workplace Sexual Harassment Laws in Florida?

Florida sexual harassment laws cover both public and private employers that have a minimum of 15 employees. At the federal level, the EEOC also enforces sexual harassment laws for employers that have at least 15 employees.

Remember that employees are defined as workers that receive direction from their employers. Independent contractors are not covered by an employer’s legal obligations.

Where Do You File a Sexual Harassment Claim in Florida?

In Florida, you can file a sexual workplace harassment claim against your employer by contacting the Florida Commission on Human Relations.

Filing a sexual harassment claim with an EEOC office in Florida gives you two options:

Miami District Office

  • Miami Tower
  • 100 SE 2nd Street, Suite 1500
  • Miami, FL 33131
  • Office Hours: M-F 8:30 AM-4:30 PM
  • Phone:  (305) 808-1740

Tampa Field Office

  • 501 East Polk Street, Suite 1000
  • Tampa, FL 33602
  • Office Hours: Monday/Tuesday/Thursday/Friday 8:00 AM-4:30 PM
  • Phone: (800) 669-4000

You should file your claim at the EEOC office that is located closest to your workplace. During the COVID-19 pandemic, the EEOC wants to receive complaints by phone or through its online portal.

How Long Do I Have to File a Sexual Harassment Claim in Florida?

Knowing the statute of limitation for filing a sexual workplace harassment claim is essential for expediting your claim. You have 365 calendars days after the date of the last incident of sexual harassment to file a formal claim.

The federal statute of limitations for filing a claim is 300 calendar days after the date of the last act of sexual harassment.

Get Help Filing a Sexual Harassment Claim in Florida

Hiring an employment lawyer can help you stay on track to meet the claim filing deadline at the state and federal levels. Instead of you concentrating on organizing evidence and interviewing witnesses, your employment attorney can handle every step of the claim filing process. Working with an employment lawyer is also a good idea because sexual harassment laws change frequently.

Schedule a free case evaluation with an employment attorney who litigates sexual harassment cases. Most employment lawyers operate on a contingency fee basis, which means getting paid is contingent on their clients winning sexual harassment claims.

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