It is illegal to subject an employee or applicant to discrimination or harassment due to their sex – PERIOD…
Harassment is a type of discrimination that frequently takes place in the workplace. It usually involves a supervisor or boss as the harasser and the victim is typically an employee who serves beneath them.
It violates most major employment laws if the harassment is based on sex, age, religion, pregnancy, disability, sexual preference, national origin, or other protected categories.
What is Non-Sexual Harassment?
The crime of harassment is generally any type of unwanted and unwelcome behavior or treatment toward another person based on their age, race, sex, religion, color, national origin or disability.
Harassment becomes a violation and unlawful when it is offensive enough to feel intimidating, abusive or hostile toward the individual on the receiving end of it.
HEAR WHY WORKPLACE SEXUAL HARASSMENT IS PERSONAL TO ME
Generally speaking, this is when it makes the workplace feel hostile toward the recipient that can end up interfering with their working conditions.
There are anti-discrimination laws that prohibit harassment of employees, including those who have made or filed complaints against someone for harassing behavior toward them so that the person cannot retaliate for their complaint.Annoyances, isolated incidents and petty slights, unless they are extremely serious, are not considered harassment and are not illegal.
For the action to be illegal, it must contribute to making the work environment one that is considered objectively hostile, offensive or intimidating to a regular employee.
This is important, because the test is not whether you believe the activity is harassing, but whether a person in your position, would find the conduct harassing. If an objective person would not believe being shown one nude picture is harassing, a court or jury likely will not find that harassing either.
In general, offensive conduct includes racial slurs, physical assaults or threats, ridicule, insults, offensive jokes, objects and images and name calling that results in the interference of another person’s performance of their jobs in the workplace.
The harasser can be any number of people, from the victim’s boss or direct supervisor, a coworker, supervisor in another department, an agent of the organization or even someone who is not an employee.
Victims can include not only the person being directly harassed but someone who is in the vicinity who finds the behavior offensive.
LISTEN AS I TALK ABOUT THE IMPACT HARASSMENT HAS ON VICTIMS
FREE ADVICE- If you are being harassed, submit a WRITTEN complaint to your HR Manager or Supervisor and request an investigation of the behavior. If you are fired, demoted, or retaliated against for requesting such an investigation, you likely have a claim for retaliation EVEN IF your original complaint did not rise to the level of actionable harassment under the law.
Overall, the best way to prevent this crime from occurring in the workplace is to eliminate harassment from the area altogether.
Once it is brought to their attention, employers must work toward ensuring that the right actions are taken to prevent as well as correct unlawful harassment at their places of business.
They have to communicate with their employees in a clear and direct manner about what harassment is and that it is not welcome nor tolerated.
Employers should also let their employees know that they can always come to them, their direct supervisor or manager or human resources employees any time they are feeling uncomfortable as a result of another person’s conduct.
An employer who fails to do so exposes themselves to significant liability and may forfeit common defenses available under the harassment laws.Sexual harassment in the workplace is a violation of both federal and state law.
When an applicant or employee is discriminated against because of their sex, they may be eligible for financial compensation.
The law firm of Richard Celler Legal, P.A. provides effective legal representation for sexual harassment victims. The initial consultation is free and all legal services are provided on a contingency basis – meaning there are no out of pocket costs to you for representation.
HERE I SHARE A DISGUSTING EXAMPLE OF ONE EMPLOYER’S BEHAVIOR AT WORK
What Constitutes Sexual Harassment?
It doesn’t matter whether the victim is a man or a woman, harassment on the job is unlawful.
Sexual harassment includes obvious sexual advances, groping or requests for sexual favors, but even sexually explicit speech and other instances of sexually suggestive language can constitute sexual harassment under federal and Florida law.
In today’s workplace, and with common access to pornography on smart phones, tablets, and the internet, sexual harassment has increased tremendously in the workplace.
But guess what, it’s still illegal.
Although it is not illegal to engage in harmless teasing, infrequent instances of sexual language or other isolated events, frequent or severe instances of this kind of behavior may represent an offensive or hostile work environment.
A hostile employment environment can limit a victim’s ability to earn a living or cause unnecessary stress and health problems.
HOW WE HELPED ONE CLIENT SECURE LIFE-CHANGING COMPENSATION – FAST
Adverse Employment Decisions
Sometimes it’s difficult to know whether an adverse employment decision (firing, demotion, bad review, loss of benefits, bad job assignments) was the result of rejecting sexual harassment.
Countless employers simply get away with illegal employment decisions, unwarranted demotions or unjustified dismissals.
Only a Florida lawyer with extensive experience representing individual plaintiffs can properly evaluate a potential sexual harassment violation.
No one should have to endure discrimination or harassment because of their sex. As the managing partner of Richard Celler Legal, Richard Celler has developed a distinguished career representing individual sexual harassment victims.
Not only does Mr. Celler have significant trial experience, he has recovered millions of dollars in financial damages on behalf of victims of illegal employment actions in the workplace.
Contact our Davie, Florida Harassment Attorney at Celler, Legal, P.A. for a FREE consultation regarding your discrimination case.
LISTEN TO THE FULL INTERVIEW WITH SEXUAL HARASSMENT ATTORNEY RICHARD CELLER