Sexual harassment is unlawful under federal law and Florida law, especially when it affects employment, creates a hostile work environment, or results in an adverse employment decision. Employees who experience it have the right to speak up, document the conduct, report it to their employer, and file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). If you have experienced harassment on the job, you are also protected from retaliation for reporting it.
At BT Law Group, PLLC, our team represents employees facing sexual harassment and discrimination in the workplace. Miami sexual harassment attorneys Jason D. Berkowitz and Anisley Tarragona can help you understand your legal options and take action to protect your rights.
This guide explains what legally qualifies as sexual harassment, what steps you should take after it happens, how to file with the EEOC or FCHR, and how to protect yourself from employer retaliation. If you have questions about your situation or need guidance on next steps, contact BT Law Group, PLLC for a confidential consultation at (305) 507-8506.
What Counts as Sexual Harassment Under the Law?
Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.10, sexual harassment is a form of unlawful sex discrimination. Federal law defines sexual harassment to include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. For Florida state agencies, Fla. Admin. Code R. 60L-40.001 uses similar language.
Quid Pro Quo Harassment
This refers to situations where employment-related decisions are conditioned on whether an employee submits to unwelcome sexual advances or requests. Under Fla. Admin. Code R. 60L-40.001(1)(a)-(b), this includes situations where submission to sexual conduct is explicitly or implicitly a term or condition of employment, or where submission to or rejection of such conduct is used as the basis for employment decisions. Covered employment decisions include hiring, firing, and promotions.
Hostile Work Environment
A hostile work environment covers verbal, physical, or visual conduct of a sexual nature that interferes with an employee’s work performance or creates an intimidating or offensive environment. The offending conduct must generally be pervasive or severe enough to impact the employee’s terms and conditions of employment.
Under Fla. Admin. Code R. 60L-40.001(1)(c), this type of harassment occurs when the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. The severity or pervasiveness of the conduct is evaluated from the perspective of a reasonable person in the same position.
Key Takeaway: Sexual harassment falls into two legal categories: quid pro quo, where job benefits are conditioned on submission to unwelcome sexual conduct, and hostile work environment, where conduct is severe or pervasive enough to interfere with your work. Both are illegal under federal and Florida law.
What Are Florida Employees’ Rights Against Sexual Harassment?
Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees and prohibits discrimination based on sex, which includes sexual harassment. The Florida Civil Rights Act, Fla. Stat. § 760.10, provides similar protections and also covers employers with 15 or more employees.
Under these laws, employees have the right to work in an environment free from sexual harassment. Employers who fail to prevent or address harassment may be held liable. Employees also have the right to report harassment without facing retaliation and can file formal complaints with the EEOC or FCHR.
What Must Florida State Agencies Do Under Rule 60L-40.001?
Fla. Admin. Code R. 60L-40.001 requires Florida agencies to take specific steps to prevent and address sexual harassment. These obligations include:
- Making employees aware that sexual harassment will not be tolerated
- Making available to employees a copy of Rule 60L-40.001 and the agency’s procedures for investigating and resolving sexual harassment complaints
- Requiring each employee to acknowledge understanding and acceptance of the policy, with documented evidence retained in the employee’s personnel file
- Designating a specific person or persons to receive complaints of sexual harassment
- Developing and implementing procedures to investigate and resolve complaints
Under Fla. Admin. Code R. 60L-40.001(8), any supervisory or managerial employee who knows about the sexual harassment must immediately report it to the designated complaint recipient. Failure to do so subjects the supervisor to disciplinary action. This obligation applies regardless of whether the affected employee has filed a formal complaint.
Key Takeaway: Rule 60L-40.001 places specific obligations on Florida state agencies. Private employers covered by Title VII or the Florida Civil Rights Act must not discriminate or retaliate and should respond promptly and appropriately once they learn of harassment.
Should You Confront the Harasser at Work?
Confronting the harasser is not a legal requirement. Some employees find that a direct statement helps establish that the conduct was unwelcome, which is a key element in a sexual harassment claim. Others may feel unsafe doing so, particularly when the harasser is a supervisor or someone in a position of power. If the person harassing you is your supervisor, review the additional issues that can arise when a boss is sexually harassing an employee.
If you do choose to confront the harasser, document the conversation immediately afterward, including what you said, how the harasser responded, and the date and time. Keeping a written record of this exchange can support your complaint if you later decide to report the conduct formally.
Key Takeaway: Speaking directly to the harasser is optional, not required. Whether or not you confront the person, you still have the right to report the conduct and file a formal complaint.
How Should You Document Workplace Sexual Harassment?
Keep a detailed record of dates, times, locations, and specific details of each incident, including any witnesses. Save written accounts, texts, images, or emails. When documenting harassment, include the following for each incident:
- The date and time of the incident
- The location where it occurred
- The name of the person who committed the harassment
- The exact words or actions involved
- The names of any witnesses who were present
- Your response to the conduct
- Any physical evidence, such as text messages, emails, photos, or voicemails
Store your documentation in a personal location outside of your workplace, such as a personal email account or a folder at home. Do not rely solely on work devices or accounts that your employer could access or delete.
Key Takeaway: Thorough documentation strengthens any future complaint or legal claim. Record every incident with specific details and save all written or digital evidence in a secure personal location outside of your employer’s control.
How Do You File an Internal Complaint in Florida?
Follow your company’s internal complaint process and provide all relevant information, including dates, times, locations, witnesses, exact words, and actions, to Human Resources or an appropriate manager. Under Title VII of the Civil Rights Act and the Florida Civil Rights Act, once informed, employers must promptly investigate claims of sexual harassment and take corrective action if warranted.
For Florida state-agency employees, Fla. Admin. Code R. 60L-40.001(3) specifies that agency complaints must be reduced to writing, signed by the complainant, and contain at least the following information:
- The name, business address, and telephone number of the person filing the complaint
- The name of the person who allegedly committed the act of sexual harassment and the name of the alleged victim
- A clear and concise statement of the facts, including pertinent dates, locations, witnesses, and other evidence in support of the complaint
For Florida state-agency complaints, if the complaint does not contain all of this information, the agency must request it from you in writing. Responding promptly to any such request helps ensure your complaint moves forward without delay.
Filing an internal complaint can trigger an investigation, may lead to corrective or disciplinary action, and is a protected activity. If your employer retaliates against you for reporting harassment, you may have a separate retaliation claim.
Key Takeaway: For Florida state-agency procedures under Rule 60L-40.001, complaints must be written, signed, and include specific details. In private workplaces, employees should follow the employer’s policy and provide the same kind of detailed information when possible.
Sexual Harassment Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a Miami sexual harassment attorney and founding partner of BT Law Group, PLLC, with extensive experience litigating complex workplace disputes. He earned his J.D. cum laude from the University of Miami School of Law and previously served as a partner at a national labor and employment firm representing Fortune 100 companies. His current practice includes handling claims involving sexual harassment, discrimination, retaliation, and wrongful termination in federal and state courts, as well as before administrative agencies and arbitration tribunals.
His work regularly involves claims under Title VII, the Florida Civil Rights Act, the Fair Labor Standards Act, and other federal and state employment laws. Drawing on his background representing employers, Jason brings insight into defense strategies and applies that knowledge to advocate effectively for employees and pursue favorable outcomes.
Anisley Tarragona, Esq.
Anisley Tarragona, Esq. is a founding partner of BT Law Group, PLLC, handling workplace disputes involving sexual harassment, discrimination, retaliation, and wage violations. She earned her J.D. from the University of Miami School of Law and began her career at a national labor and employment firm representing management, providing her with practical insight into how employers evaluate and defend claims.
Her practice includes litigating cases in federal and state courts and before administrative agencies and arbitration tribunals. Known for a detail-oriented and results-driven approach, Anisley also advises Spanish-speaking clients and assists them in navigating claims under laws such as Title VII, the Florida Civil Rights Act, and the Fair Labor Standards Act.
Can Your Employer Retaliate After You Report Harassment?
No. Retaliation against an employee who reports sexual harassment is illegal under both federal and Florida law. Title VII of the Civil Rights Act prohibits employers from retaliating against employees who oppose discriminatory practices or participate in harassment investigations. The Florida Civil Rights Act, Fla. Stat. § 760.10, provides the same protection under state law. Together, these laws cover most Florida employees who work for employers with 15 or more employees.
Fla. Admin. Code R. 60L-40.001(10) states that agencies shall not tolerate retaliation against any person who has in good faith filed a complaint, opposed a complaint, or participated in any manner in an investigation or proceeding involving allegations of sexual harassment.
Retaliation can take many forms. Common examples include:
- Termination or constructive discharge
- Demotion or reduction in job responsibilities
- Pay cuts or denial of raises and bonuses
- Negative performance reviews issued after a complaint
- Reassignment to less desirable shifts or locations
- Exclusion from meetings, projects, or training opportunities
- Increased scrutiny or micromanagement
If you experience any of these actions after reporting sexual harassment, you may have a separate retaliation claim. Report the retaliatory conduct through the same channels and document it thoroughly.
Key Takeaway: Retaliation for reporting sexual harassment is illegal under both Title VII and the Florida Civil Rights Act. If your employer takes adverse action against you after you file a complaint, document the retaliatory conduct and consider filing a separate retaliation claim.
When Should You File With the EEOC or Florida’s FCHR?
Employees experiencing sexual harassment should consider filing a formal complaint with a government agency. There are two primary options: the EEOC and the FCHR. Each has its own filing deadline, and missing it could bar your claim entirely.
| Agency | Filing Deadline | Applies To |
| EEOC | 300 days from the harassing act | Employers with 15+ employees |
| FCHR | 365 days from the harassing act | Employers with 15+ employees |
The EEOC and FCHR often use a dual-filing process, so filing with one agency may preserve rights with both. If you already filed with the EEOC, check before filing separately with the FCHR to avoid duplicate filings.
What Happens After You File a Formal Complaint?
After you file a charge with the EEOC or FCHR, the agency will notify your employer and begin an investigation. The process typically follows these steps:
- The agency reviews your complaint and may request additional information
- The employer is given the opportunity to respond to the allegations
- The agency may conduct interviews, review documents, and visit the workplace
- The agency issues a determination on whether there is reasonable cause to believe harassment occurred
If the agency finds reasonable cause, it may attempt to resolve the matter through conciliation or mediation. If the EEOC closes its investigation, it may issue a Notice of Right to Sue, and a federal lawsuit generally must be filed within 90 days of receiving that notice.
FCHR procedures are different:
- If FCHR finds reasonable cause, the complainant may bring a civil action or request an administrative hearing within one year of the determination
- If FCHR finds no reasonable cause, the complainant must request an administrative hearing within 35 days or the claim may be barred.
Key Takeaway: In Florida, you generally have 300 days to file a sexual harassment charge with the EEOC and 365 days to file with the FCHR. For ongoing harassment, the EEOC deadline generally runs from the last incident. Filing with one agency may preserve rights with the other through worksharing or dual-filing rules, but check before filing separately to avoid duplicate filings. Missing these deadlines can bar your claim.
When Should You Contact a Miami Sexual Harassment Attorney?
Contacting a Miami sexual harassment attorney early in the process offers several advantages. An attorney can:
- Evaluate whether your experience meets the legal standard for harassment
- Help you preserve evidence and document incidents properly
- Advise you on how to use your employer’s internal complaint process
- File a charge with the EEOC or FCHR on your behalf before the deadline expires
- Negotiate a settlement or pursue litigation if your employer fails to act
An internal HR department works for your employer, not for you. An employment attorney represents your interests and can identify legal options that your employer’s HR team will not disclose. Consulting with a lawyer does not mean you have to file a lawsuit. It means you have someone who can explain your rights and help you make informed decisions.
Key Takeaway: Consulting an employment attorney early protects your ability to file within the legal deadlines and ensures you have independent legal guidance separate from your employer’s HR department.
Legal Guidance from a Miami Sexual Harassment Attorney
If you have been sexually harassed at work, you do not have to handle this alone. The legal deadlines for filing a complaint are strict, so acting sooner protects your options. Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC, provide compassionate and experienced advocacy in sexual harassment, discrimination, and retaliation cases throughout Miami and South Florida.
Call BT Law Group, PLLC at (305) 507-8506 to schedule a confidential consultation. Our office is located at 3050 Biscayne Blvd, STE 205, Miami, FL 33137, and serves employees throughout Miami-Dade County and the surrounding areas.
Frequently Asked Questions About Sexual Harassment at Work
What is the difference between quid pro quo and hostile work environment harassment?
Quid pro quo harassment occurs when a supervisor conditions a job benefit on submission to sexual advances. Hostile work environment harassment involves conduct that is severe or pervasive enough to create an intimidating or abusive workplace. Both are illegal under Title VII and the Florida Civil Rights Act.
Does sexual harassment have to be physical to be illegal in Florida?
No. Sexual harassment includes verbal conduct such as sexual comments, jokes, or requests for sexual favors, as well as visual conduct like displaying sexually graphic images. Physical contact is not required for sexual harassment to be unlawful. Verbal conduct and visual conduct, such as sexually demeaning images, can support a claim if the conduct is sufficiently severe or pervasive or results in an adverse employment decision.
What is the deadline to file a sexual harassment claim in Florida?
You have 300 days from the harassing act to file with the EEOC and 365 days to file with the FCHR. Missing these deadlines may prevent you from pursuing a legal claim. Contact an employment attorney as soon as possible to protect your rights.
Can I be fired for reporting sexual harassment at work?
No. Terminating or retaliating against an employee for reporting sexual harassment is illegal under both Title VII and the Florida Civil Rights Act. If your employer fires you or takes other adverse action after you report harassment, you may have a separate retaliation claim. Document any retaliatory conduct and report it promptly.
What should I include in an internal harassment complaint?
Under Florida law, your complaint must be written and signed. It must include your name, business address, and phone number, the name of the alleged harasser and victim, and a clear statement of the facts, including dates, locations, witnesses, and supporting evidence. An attorney can help you ensure your complaint is complete before you submit it.
Do I have to report to HR before I can sue my employer?
You do not need to complete your employer’s internal complaint process before filing with the EEOC or FCHR. However, reporting internally first creates a record that your employer was aware of the harassment, which can strengthen your claim in court. Consulting an employment attorney can help you decide the best sequence of steps for your situation.
What is the Florida Commission on Human Relations (FCHR)?
The FCHR is a state agency that investigates employment discrimination complaints under the Florida Civil Rights Act. A complaint generally must be filed within 365 days of the alleged unlawful employment practice. After investigation, FCHR may issue a reasonable-cause or no-cause determination, and the employee’s next steps depend on that determination.
How do I find a sexual harassment attorney in Miami?
Look for an employment attorney with experience handling sexual harassment claims under both federal and Florida law. BT Law Group, PLLC represents Miami employees in sexual harassment and related employment disputes. Call (305) 507-8506 for a confidential consultation.
