Sexual Harassment Attorneys Based in Miami-Dade County
Sexual harassment may appear in different ways in the workplace, including unwanted sexual advances, requests for sexual favors, and verbal or physical harassment. The perpetrator can be a co-worker, supervisor, manager, or even a non-employee if the employer knew or should have known about the conduct and did not take immediate and appropriate corrective action. Generally, sexual harassment takes one of two forms: (1) quid pro quo, which happens when a work advantage is offered in exchange for a sexual favor – for example, when a manager offers a promotion in exchange for sex; and (2) hostile work environment, which happens when the workplace is made abusive or hostile because of the harassment.
There are federal and state laws that prohibit this type of behavior in the workplace. For example, under federal law, Title VII of the Civil Rights Act of 1964 (“Title VII”), and under state law, the Florida Civil Rights Act (“FCRA”), which apply to employers with 15 or more employees. Florida courts follow the analysis under Title VII when addressing claims under the FCRA.
In order to prevail on a claim of quid pro quo sexual harassment, an employee must establish that the harassment resulted in a tangible employment action taken against the employee such as a demotion, a cut in pay, or being fired. However, most claims of sexual harassment fall under the hostile work environment scenario.