Miami Sexual Harassment Lawyer
If you’ve experienced sexual harassment at work in Miami, you have the right to a harassment-free workplace under federal and Florida law. Sexual harassment can take many forms, from unwanted physical contact and sexual comments to quid pro quo demands where job benefits and advancements depend on sexual compliance. But you also have legal protections. You can pursue damages for lost wages, emotional distress.
At BT Law Group, Miami employment lawyers Jason Berkowitz and Anisley Tarragona represent victims of workplace sexual harassment throughout Miami-Dade County. Both attorneys previously represented employers at a national labor and employment firm, giving them unique insight into how companies and their defense attorneys approach harassment claims. Our sexual harassment attorneys handle every aspect of your claim, from filing administrative charges through trial if necessary.
This guide explains the types of sexual harassment prohibited under Florida law, how Miami-Dade County provides additional protections, what evidence you need to prove your claim, the process for filing with the Equal Employment Opportunity Commission (EEOC) or Florida Commission on Human Relations (FCHR), and the damages you can recover.
If you’ve experienced unwanted sexual advances, hostile treatment, or retaliation for rejecting or reporting harassment, call BT Law Group at (305) 507-8506 for a consultation.
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What Is Sexual Harassment Under Florida and Federal Law?
Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA). Under these laws, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct affects employment decisions or creates an intimidating, hostile, or offensive work environment.
The law protects all employees regardless of sex, gender identity, sexual orientation, or pregnancy status. Sexual harassment can occur between people of any gender combination, a male supervisor harassing a female employee, a female coworker harassing a male employee, or same-sex harassment between coworkers of the same gender. The harasser can be a supervisor, manager, coworker, client, customer, vendor, or anyone else you interact with in a work setting.
For conduct to qualify as actionable sexual harassment, it must be unwelcome and either severe or pervasive. A single extremely serious incident, such as sexual assault or an explicit quid pro quo demand, can meet this standard. Alternatively, a pattern of less severe incidents that creates a toxic work environment over time can also qualify. Courts apply both an objective standard (would a reasonable person find this conduct offensive?) and a subjective standard (did you personally find it unwelcome?).
Examples of sexual harassment include:
- Unwanted physical contact, such as touching, hugging, embracing, or massaging
- Sexual comments about your appearance, body, or clothing
- Requests for dates or sexual favors after you’ve said no
- Displaying or sharing pornographic images or videos
- Sexual jokes, innuendos, or sexually explicit conversations
- Questions about your sex life or sexual preferences
Key Takeaway: Sexual harassment under Florida law and Title VII includes unwelcome conduct of a sexual nature that is severe or pervasive enough to create a hostile work environment or involves conditioning employment benefits on sexual favors. Both state and federal law protect all genders.
If you’ve experienced unwelcome sexual conduct at your Miami workplace, contact Jason Berkowitz or Anisley Tarragona at BT Law Group for a consultation at (305) 507-8506.
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What Are the Types of Sexual Harassment in Miami Workplaces?
Sexual harassment claims fall into two main categories under federal and Florida law: quid pro quo harassment and sex based hostile work environment.
Quid Pro Quo Sexual Harassment
Quid pro quo means “this for that.” This type of harassment occurs when a supervisor, manager, or other person with authority over your employment conditions or job benefits demands your compliance with sexual demands. The demand can be explicit (“sleep with me and I’ll promote you”) or implicit (a supervisor makes repeated sexual advances while discussing your upcoming performance review).
Quid pro quo harassment can only be committed by someone with power over your job, such as a supervisor, manager, owner, or hiring manager. Because the harasser uses their position of authority to coerce you, employers are strictly liable for quid pro quo harassment by supervisors. This means you don’t need to prove the employer knew about the harassment or failed to stop it.
Retaliation is a common element of quid pro quo claims. If you reject sexual advances and subsequently face demotion, termination, denied promotion, or other adverse employment action, this supports your claim that job benefits were conditioned on sexual compliance.
Sex Based Hostile Work Environment
Hostile work environment sex harassment occurs when unwelcome sexual conduct is severe or pervasive enough to create working conditions that a reasonable person would find intimidating, hostile, or abusive. This type of harassment can be committed by anyone in the workplace: supervisors, coworkers, clients, customers, or vendors.
A single severe incident, such as sexual assault or explicit sexual propositions, could create a hostile work environment. More commonly, hostile environment claims involve a pattern of conduct over time: repeated sexual comments, ongoing displays of pornography, persistent unwanted advances, or a workplace culture that tolerates sexual jokes and degrading remarks.
Courts consider the totality of circumstances, including the frequency of the conduct, its severity, whether it’s physically threatening or humiliating, and whether it interferes with your work performance. The harassment must be based on sex, meaning it wouldn’t have occurred but for your gender.
Today’s workplaces also see harassment through virtual channels. Sexual harassment via Zoom calls, text messages, emails, or social media platforms qualifies as workplace harassment when it’s connected to your employment. Remote work doesn’t eliminate your protections under the law.
Key Takeaway: The two types of sexual harassment are quid pro quo (conditioning job benefits on sexual favors) and sex based hostile work environment (severe or pervasive unwelcome conduct). Miami employees are protected from both types under Florida and federal law.
Not sure if what you experienced qualifies as sexual harassment? The Miami employment attorneys at BT Law Group can evaluate your situation. Call (305) 507-8506 today.
How Does Miami-Dade County Provide Additional Protections?
The Miami-Dade County Human Rights Ordinance provides an additional layer of protection against sexual harassment for employees in Miami-Dade County. This local ordinance prohibits sex discrimination, including sexual harassment, and is enforced by the Miami-Dade Commission on Human Rights.
The ordinance covers employers operating in Miami-Dade County and offers remedies similar to what state and federal law provide. If you’ve experienced sexual harassment, you can file a complaint with the Miami-Dade Commission on Human Rights. The Commission investigates the complaint and makes findings. A Director’s determination becomes final after 15 days unless either party appeals or pursues the claim in court. If appealed, the matter can be heard by a hearing panel.
After at least 180 days have passed since you filed your complaint with the Commission, if the investigation is not complete, you can request a Notice of Rights to Sue. After you receive the notice, you generally have 90 days to file suit in court. Courts can issue injunctions prohibiting further harassment, order reinstatement if you were fired, and award both actual damages (lost wages, emotional distress) and punitive damages when the employer acted with malice or reckless indifference.
The Miami-Dade ordinance is particularly valuable because it allows you to pursue local remedies while also preserving your rights under state and federal law. BT Law Group can file parallel claims under all three legal frameworks to maximize your recovery options.
Key Takeaway: Miami-Dade County’s Human Rights Ordinance provides an additional layer of protection against sexual harassment. You can file a complaint with the Miami-Dade Commission on Human Rights and pursue actual and punitive damages.
BT Law Group handles sexual harassment claims under Miami-Dade County, Florida, and federal law. Call our Miami office at (305) 507-8506.
Sexual Harassment Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC. He received his J.D., cum laude, from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003. Before founding BT Law Group, Jason was a partner at a national labor and employment firm in Miami, where he represented management exclusively, including many Fortune 100 companies.
Jason is admitted to practice in Florida and before the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Northern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. He litigates cases in federal and state courts and before arbitration tribunals, including the American Arbitration Association.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. She received her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004. Before launching BT Law Group, Anisley practiced at a national labor and employment firm in Miami, representing management exclusively. This experience gives her unique insight into how employers and their attorneys approach workplace disputes.
Anisley is admitted to practice in Florida and before the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Northern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. She was born and raised in Cuba and is fluent in Spanish, allowing her to serve Miami’s Spanish-speaking community in their preferred language.
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How Do You Prove Workplace Sexual Harassment in Miami?
To succeed in a workplace sexual harassment claim in Florida, you must prove four elements: (1) you belong to a protected class, (2) you were subjected to unwelcome harassment, (3) the harassment was based on your sex, and (4) the harassment was severe or pervasive enough to alter the terms and conditions of your employment.
All employees belong to a protected class based on sex, so this element is straightforward. The second element requires showing that the conduct was unwelcome, that you did not invite, encourage, or consent to it. You can demonstrate this by showing you rejected advances, complained about the behavior, or otherwise made clear it was unwanted.
The third element means the harassment must be based on sex. This includes harassment targeting you because of your gender, pregnancy status, or sex stereotypes. The harassment wouldn’t have occurred but for your sex.
The fourth element applies the “severe or pervasive” standard. A single egregious incident, such as sexual assault, may meet this standard. Alternatively, a pattern of less serious incidents that creates an abusive work environment over time also qualifies. Courts apply both objective and subjective tests.
What Evidence Strengthens Your Sexual Harassment Claim?
Strong evidence is essential to prove sexual harassment. Document everything related to the harassment:
- Dates, times, and locations of each incident
- Exact words spoken or actions taken
- Names of witnesses who saw or heard the harassment
- Emails, text messages, voicemails, or other communications
- Photos or screenshots of offensive materials
- Notes you made immediately after incidents
- Complaints you filed with HR or management
- Your employer’s response (or lack of response) to your complaints
- Any changes to your job duties, schedule, or treatment after complaining
- Medical records or therapy notes documenting emotional distress
Reporting harassment to your employer creates a paper trail and can support employer liability claims. When you report to HR or management, and they fail to take adequate corrective action, this strengthens your case. In some circumstances, an employee may be required to report the sexual harassment and conduct to the employer to give the employer an opportunity to fix the situation.
Key Takeaway: To prove sexual harassment in Florida, you must show the conduct was unwelcome, based on sex, and severe or pervasive enough to create a hostile work environment or involved quid pro quo. Document everything: dates, times, witnesses, and communications.
If you’re documenting harassment at your Miami workplace, contact BT Law Group for guidance on preserving evidence. Call (305) 507-8506.
What Is the Process for Filing a Sexual Harassment Claim in Florida?
Before you can file a lawsuit for sexual harassment, you must first file an administrative charge with an appropriate government agency. This exhaustion requirement ensures agencies have the opportunity to investigate and potentially resolve claims before litigation.
You have three options for filing administrative charges:
| Agency | Deadline to File | When / How You Can Proceed |
|---|---|---|
| Equal Employment Opportunity Commission (EEOC) | 300 days from the last incident | After investigation, the EEOC issues a Right to Sue letter. You have 90 days to file in federal or state court. |
| Florida Commission on Human Relations (FCHR) | 365 days from the violation | If reasonable cause is found, you may sue or request a hearing. If there is no decision in 180 days, you may request a right to sue notice. |
| Miami-Dade Commission on Human Rights | 180 days (Miami-Dade employers only) | You can request a Notice of Rights to Sue after 180 days from filing. Once received, you have 90 days to sue in court. |
BT Law Group may file with both the EEOC and FCHR through dual-filing, which cross-files your charge with both agencies automatically. This preserves your rights under both federal and state law without requiring separate filings.
The filing process follows these steps:
- Contact an attorney to evaluate your claim and determine a filing strategy
- Your attorney will prepare and file an administrative charge with EEOC, FCHR, and/or the Miami-Dade Commission
- The agency conducts an investigation, may interview witnesses, and request documents
- The agency may offer mediation
- The agency issues a determination letter and a Right to Sue notice
- File a lawsuit within the deadline stated in your notice:
- EEOC Right to Sue letters are typically 90 days.
- Miami-Dade Notices of Rights to Sue are 90 days, and
- Florida Civil Rights Act deadlines differ (often 1 year, depending on the determination/notice).
- Proceed through discovery, settlement negotiations, and trial if needed
The administrative process typically takes around 6months to a year. If you proceed to a lawsuit, cases can take one to two years to reach trial, though many settle earlier. Jason D. Berkowitz and Anisley Tarragona can handle every step of your claim, from filing the administrative charge through trial if necessary.
Missing a filing deadline can destroy your claim. Contact our Miami sexual harassment lawyers at BT Law Group immediately at (305) 507-8506.
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What Damages Can You Recover in a Sexual Harassment Case?
Sexual harassment victims can recover several types of damages to compensate for the harm they’ve suffered.
- Back Pay covers wages you lost because of the harassment. This includes time you missed from work, wages lost if you were fired or forced to resign, or income you would have earned from a promotion you were denied. Back pay extends from the date of the adverse action until the date of judgment or settlement.
- Front Pay compensates for future lost earnings when reinstatement to your former position isn’t feasible. If the harassment has so damaged the employment relationship that you cannot return to work for that employer, front pay covers the difference between what you would have earned and what you can earn elsewhere.
- Emotional Distress Damages compensate for the psychological harm caused by harassment. This includes anxiety, depression, humiliation, loss of enjoyment of life, and damage to personal relationships. You may be able to recover the cost of therapy or counseling, psychiatric treatment, and medication. Courts may award substantial emotional distress damages when harassment is severe or causes documented psychological conditions like PTSD, if diagnosed and treated by a mental health professional.
- Punitive Damages punish employers who acted with malice or reckless indifference to your rights. Under Title VII, punitive damages are capped based on employer size: $50,000 for employers with 15-100 employees, $100,000 for 101-200 employees, $200,000 for 201-500 employees, and $300,000 for employers with more than 500 employees. Damage limits can differ by claim. For example, Title VII caps combined compensatory + punitive damages by employer size (up to $300,000 for the largest employers), while the Florida Civil Rights Act caps punitive damages at $100,000. Florida law and Miami-Dade County ordinances may provide different or higher caps.
- Attorney’s Fees and Costs are recoverable if you prevail in your case. This means you can typically hire an experienced attorney without paying upfront fees, and if you win, the employer pays your legal costs.
- Reinstatement is an equitable remedy where the court orders your employer to rehire you. Courts may also order the employer to restore benefits, seniority, and back pay from the date of termination.
Every case is different. The damages you can recover depend on the severity and duration of harassment, its impact on your career and mental health, your lost wages, and the size of your employer. Jason D. Berkowitz and Anisley Tarragona evaluate the full scope of damages in your case to pursue maximum compensation.
Key Takeaway: Sexual harassment victims can recover back pay, emotional distress damages, punitive damages, and attorney’s fees. Damages depend on the severity of harassment, its impact on your career and wellbeing, and the size of your employer.
Find out what your sexual harassment claim is worth. Call BT Law Group in Miami at (305) 507-8506 for a case evaluation.
How Can a Miami Sexual Harassment Attorney Help You?
A sexual harassment attorney provides essential services that most employees cannot navigate alone:
- Evaluate whether your experiences meet the legal definition of sexual harassment under Title VII, FCRA, or Miami-Dade County ordinance
- Advise on whether and how to report harassment to your employer, balancing the benefits of creating a paper trail against potential retaliation risks
- File administrative charges with the EEOC, Florida Commission on Human Relations, or Miami-Dade Commission on Human Rights within the required deadlines
- Investigate your claim by gathering evidence, interviewing witnesses, and requesting documents from your employer
- Handle all communications with your employer, their attorneys, and the insurance company
- Negotiate settlements that compensate you for lost wages, emotional distress, and other damages
- File a lawsuit in federal or state court if settlement negotiations fail
- Represent you through discovery, depositions, mediation, and trial
- Protect you from retaliation by documenting adverse actions and filing additional claims if needed
- Calculate the full value of your damages, including back pay, front pay, and emotional distress
BT Law Group handles sexual harassment cases on a contingency fee basis. You pay no attorney’s fees unless you recover compensation. This eliminates financial barriers to representation and aligns your attorney’s interests with yours.
Key Takeaway: A Miami sexual harassment attorney can evaluate your claim, file administrative charges, gather evidence, negotiate with your employer, and represent you in court. BT Law Group’s attorneys have insider knowledge from representing employers and offer Spanish-language services.
Don’t face your employer alone. Jason Berkowitz and Anisley Tarragona at BT Law Group provide experienced representation in Miami sexual harassment cases. Call (305) 507-8506.
Serving Miami and Miami-Dade County
BT Law Group represents sexual harassment victims throughout Miami and Miami-Dade County. We serve clients in Miami, Miami Beach, Coral Gables, Hialeah, Miami Gardens, North Miami, North Miami Beach, Aventura, Doral, Kendall, Homestead, Pinecrest, South Miami, Key Biscayne, Sunny Isles Beach, and Cutler Bay.
Our office is located at 3050 Biscayne Blvd, Suite 205, Miami, FL 33137, conveniently accessible for clients throughout Miami-Dade County. We also serve clients in Broward County and Palm Beach County by appointment at our West Palm Beach office.
No matter where you work in Miami-Dade County, BT Law Group can help with your sexual harassment claim. Call (305) 507-8506.
Get Help from our Florida Sexual Harassment Attorneys Today
Sexual harassment at work is isolating. You may fear retaliation if you speak up, worry about losing your job or damaging your career, or feel embarrassed discussing what happened. These feelings are normal, but you don’t have to face this situation alone. Florida and federal law protect your right to work in an environment free from sexual harassment, and you have legal remedies when that right is violated.
Jason Berkowitz and Anisley Tarragona founded BT Law Group to represent employees in sexual harassment and employment discrimination cases. Both attorneys bring unique insight from their years representing employers at national labor and employment firms. They handle every aspect of sexual harassment claims, from filing administrative charges (such as with the EEOC/FCHR and, where applicable, the Miami-Dade Commission on Human Rights) to filing and litigating a lawsuit in state or federal court (including the U.S. District Court for the Southern District of Florida) when necessary.
Call BT Law Group at (305) 507-8506 for a consultation. Our offices are located at 3050 Biscayne Blvd, Suite 205, Miami, FL 33137. We serve clients throughout Miami-Dade County and handle cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.
Frequently Asked Questions About Sexual Harassment in Miami
What qualifies as sexual harassment in a Miami workplace?
Sexual harassment in Miami workplaces includes unwelcome sexual advances, requests for sexual favors, inappropriate comments about your body or appearance, unwanted touching, displaying pornography, sexual jokes, or conditioning job benefits on sexual compliance. The conduct must be unwelcome and either severe (one egregious incident) or pervasive (ongoing pattern) to qualify. Both Title VII and the Florida Civil Rights Act protect employees from harassment based on sex or pregnancy status.
What is the deadline to file a sexual harassment claim in Florida?
You must file an administrative charge within specific deadlines: 300 days with the EEOC under Title VII, 365 days with the Florida Commission on Human Relations under the Florida Civil Rights Act, or 180 days with the Miami-Dade Commission on Human Rights under the county ordinance. Missing these deadlines can destroy your claim, so act quickly. After the agency issues a Right to Sue letter, you have a certain number of days to file a lawsuit. Contact an attorney immediately to preserve your rights.
Can I sue my employer for sexual harassment in Miami?
Yes, but you must first file an administrative charge with the EEOC, Florida Commission on Human Relations, or Miami-Dade Commission on Human Rights. This exhaustion requirement gives the agency an opportunity to investigate and resolve the claim. After the agency completes its investigation or after a certain period, you receive a Right to Sue letter allowing you to file a lawsuit in court. You can pursue claims under federal law (Title VII), state law (Florida Civil Rights Act), and local law (Miami-Dade County ordinance) simultaneously.
What damages can I recover in a sexual harassment case?
You can recover back pay for lost wages, front pay for future lost earnings, emotional distress damages for anxiety and psychological harm, punitive damages when the employer acted with malice, and attorney’s fees and costs. Courts can also order reinstatement to your job. The amount depends on how severely the harassment affected your career and well-being, how long it lasted, your lost income, and the size of your employer. Federal law caps punitive damages based on employer size, but Florida law and Miami-Dade County law may provide additional remedies.
Do I need to report harassment to HR before filing a claim?
Under certain circumstances, you may be required to report the harassment to the employer to give the employer an opportunity to fix the situation. Also, reporting to HR or management creates a paper trail and can strengthen your claim if they fail to take adequate corrective action. Reporting also triggers the employer’s obligation to investigate and stop the harassment. If you report and face retaliation, this supports additional retaliation claims. An attorney can advise whether reporting internally makes sense in your situation or whether filing externally immediately is safer.
How long does a sexual harassment case take in Florida?
The administrative process with the EEOC or FCHR typically takes around six months. If your case proceeds to a lawsuit, it can take one to two years to reach trial, depending on the court’s schedule and case complexity. Many cases settle before trial through negotiation or mediation. Factors affecting the timeline include the strength of your evidence, whether your employer is willing to negotiate, and how busy the court docket is. Your attorney can provide a more specific timeline based on your case.
What evidence do I need to prove sexual harassment?
Strong evidence includes emails, text messages, voicemails, or other written communications containing harassment; witness statements from coworkers who saw or heard the conduct; contemporaneous notes you made after incidents documenting dates, times, and details; complaints you filed with HR or management and their responses; screenshots of pornographic images or offensive social media posts; and medical or therapy records documenting emotional distress. The more documentation you have with specific dates, times, witnesses, and exact words or actions, the stronger your case.
Can I be fired for reporting sexual harassment?
No. Federal and Florida law prohibit retaliation against employees who report sexual harassment or participate in harassment investigations. Retaliation includes termination, demotion, pay cuts, schedule changes, or any other adverse employment action taken because you complained about harassment. If you face retaliation after reporting harassment, you have additional legal claims beyond the underlying harassment claim. Document any negative treatment that follows your complaint and notify your attorney immediately. Retaliation claims can sometimes be easier to prove than the underlying harassment.
What is quid pro quo sexual harassment?
Quid pro quo sexual harassment occurs when a supervisor or manager conditions your job benefits on sexual compliance. This includes promising a promotion, raise, or better assignments in exchange for sexual favors, or threatening termination, demotion, or other negative consequences if you refuse sexual advances. Only people with authority over your employment can commit quid pro quo harassment. Employers are strictly liable for supervisor quid pro quo harassment, meaning you don’t need to prove the employer knew about it or failed to stop it.
What is a sex based hostile work environment?
A sex based hostile work environment exists when unwelcome sexual conduct is severe or pervasive enough to create working conditions that a reasonable person would find intimidating, hostile, or abusive. This can include repeated sexual comments, ongoing displays of pornography, persistent unwanted advances, or a workplace culture tolerating sexual jokes and degrading remarks. The harassment must interfere with your ability to do your job. A single severe incident like sexual assault can create a hostile environment, or a pattern of less serious incidents over time can also qualify.
Does Florida law protect against same-sex harassment?
Yes. Title VII and the Florida Civil Rights Act protect all employees from sexual harassment regardless of the harasser’s or victim’s sex or sexual orientation. Sexual harassment between people of the same sex is just as illegal as opposite-sex harassment. The law protects men harassed by men, women harassed by women, and harassment based on sexual orientation. The key is whether the harassment was unwelcome and based on sex, not the genders of the people involved.
Are customers or clients liable for sexually harassing company employees?
Yes. Employers have a legal duty to protect employees from harassment by third parties, including customers, clients, vendors, or contractors. When an employer knows or should know that a customer is sexually harassing an employee, the employer must take reasonable steps to stop it. This might include refusing service to the customer, moving the employee to different duties, or providing security. If your employer fails to protect you from third-party harassment, you can file a claim against the employer for allowing a hostile work environment.
What should I do immediately after experiencing harassment?
Document the incident immediately with notes including the date, time, location, exact words spoken or actions taken, and names of any witnesses. Make a copy of any written communications like emails, texts, or messages. Report the harassment to your supervisor or HR in writing, keeping a copy of your complaint. Continue documenting any additional incidents and your employer’s response or lack of response. Contact a sexual harassment attorney to understand your rights and options. The attorney can advise whether to continue reporting internally or file an external complaint with the EEOC or FCHR.
Can virtual or online harassment be workplace harassment?
Yes. Sexual harassment via Zoom, Microsoft Teams, email, text messages, social media, or other online platforms qualifies as workplace harassment when it’s connected to your employment. This includes sexual comments during video meetings, unwanted sexual messages on work communication platforms, or harassment through social media by coworkers or supervisors. Remote work doesn’t eliminate your protections under sexual harassment laws. The same legal standards apply whether harassment occurs in person or virtually.
What if my harasser is also my direct supervisor?
Employer liability is strongest when the harasser is your supervisor. For quid pro quo harassment (conditioning job benefits on sexual compliance), employers are strictly liable for supervisor conduct. For hostile work environment harassment by supervisors, employers can sometimes raise the Faragher/Ellerth defense if they had an anti-harassment policy, you didn’t report the harassment, and they would have stopped it if you had reported. Report supervisor harassment to HR, a higher-level manager, or the company’s ethics hotline. An attorney can help you navigate reporting while protecting against retaliation.
Will I have to go to court for my sexual harassment case?
Many sexual harassment cases settle before trial. The EEOC or FCHR may propose a mediation during the administrative process. After filing a lawsuit, cases often settle during discovery or mediation. However, if your employer refuses to offer fair compensation, you may need to proceed to trial. Your attorney represents you throughout the process, whether in settlement negotiations, mediation, or trial. More than 90% of employment cases settle before trial, but having an attorney willing to try your case if necessary strengthens your negotiating position.
What if my employer is a small business?
Title VII applies to employers with 15 or more employees. The Florida Civil Rights Act has the same threshold. If your employer has fewer than 15 employees, you may still have protection under the Miami-Dade County ordinance or other legal theories like intentional infliction of emotional distress or assault. Small employers sometimes assume they’re exempt from sexual harassment laws, but multiple legal frameworks may apply. Contact an attorney to evaluate which laws cover your situation based on your employer’s size and location.