Florida and New York Sexual Harassment

Sexual harassment is a form of sex or gender discrimination in the workplace that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature based on the victim’s sex or gender that interferes with the workplace. It can also include offensive comments or gestures of a sexual nature, online conduct, or unwanted sexual looks or gestures. Such sexual harassment can create an intimidating, hostile, or offensive working environment, or it may unreasonably interfere with an individual's work performance.

Both sex discrimination and gender discrimination, as well as unlawful harassment is in violation of Title VII of the Civil Rights Act of 1964, as well as many state and local laws.

Important facts about sexual harassment at work:

• You can consent to sexual acts and still have a claim as the legal issue is whether the conduct or comments were “unwanted.”
• The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
• Both the victim and harasser can be of either sex or gender (men too can be victims).
• Both the victim and harasser can be of the same sex or gender (men can pursue other men, and woman may pursue women as sexual preference is not a factor).
• The harassment does not have to be of a “sexual nature.” It could include offensive remarks about a person's sex or gender (for instance negative comments about women in general, or remarks that the victim does not conform to their sex or gender).
• The harasser’s sexual preference is not a defense to sexual harassment.
• Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
• The victim can be an employee or job applicant.

At O’Connell Law, you will never be just another number or case file to our firm. Our team will communicate directly with the employer and always put your interests first. Our sexual harassment law firm will give you the time to focus on healing rather than being stressed over these details. We will work to negotiate a fair sexual harassment settlement, or if needed pursue your claims to the fullest extent in court.

Call us to schedule a free initial legal consultation about your sexual harassment case. Call our office at (305) 209-9246 or email us at Office@KellyOconnellLaw.com.

What is sexual harassment?

At work, sexual harassment occurs when any employee or job applicant faces unwanted sexual behavior, such as sexual contact, sexual advances, sexual comments or event sexual assault in the workplace. Sexual harassment in the workplace is illegal. Many federal and state laws not only prohibit sexual harassment, as well as sex / gender discrimination, but require employers prevent it.

What is sex or gender discrimination?

Under employment law, sex discrimination involves treating an applicant or employee unfavorably because of that person's sex, including the person's gender identity, sexual orientation, or pregnancy. Please note, there can be additional similar protections for individuals with LGBTQ+-related sex discrimination claims.

In particular, gender discrimination is often rooted in preconceived, false societal and personal notions about what gender is, how gender "should" look, dress, or act. However, the law does not allow employers or supervisors to act unfavorably towards employees based on their gender or what they perceive their gender to be.

What are examples of sexual harassment?

Sexual harassment is a form of unlawful sex discrimination in the workplace. Sexual harassment may manifest in many ways, and it encompasses a range of behaviors that create a hostile or uncomfortable work environment for both male and female employees. This includes but is not limited to:

• Sexualized Comments about Appearance: Making inappropriate comments about someone’s physical appearance or body parts, particularly in a sexual context.
• Unwelcome Advances: Continuous and unwanted sexual advances or propositions from a coworker or supervisor, such as asking an employee for a date or photos.
• Inappropriate Touching: Physical contact that is unwelcomed, such as touching, hugging, or patting someone. This may include touching with consent, if the employee felt pressured into acquiescing or job benefits were conditioned on accepting the touching.
• Sexual Comments: Comments, or gestures that create an uncomfortable or hostile environment. This includes comments about someone's appearance or sexual orientation.
• Sexual Jokes: Sexually explicit or sexual jokes are unlawful when unwelcomed. It does not matter if the harasser thinks it is funny, if the comment or gesture creates an uncomfortable workplace, it can still be sexual harassment.
• Quid Pro Quo Sexual Harassment: When an employer (normally a boss or supervisor) promises an employee advances in the workplace in exchange for sexual favors, or when an employee is led to believe that such job benefits would not occur if they refused sexual advances.
• Suggestive or Offensive Emails/Messages: Sending sexually explicit or suggestive emails, texts, or other forms of communication that are unwelcome and inappropriate.
• Visual Harassment: Displaying sexually nude or explicit images, posters, or materials in the workplace, such as pin-up calendars or pornography.
• Sexual Favoritism: Offering job benefits, promotions, or raises in exchange for sexual favors or suggesting that such favors are a condition of employment advancement.
• Leering or Staring: Making someone uncomfortable by persistently staring or leering at them in a sexually suggestive manner.
• Making workplace decisions based on sex: Such decisions based on sex in hiring, not hiring, firing, pay, benefits, job assignments, and training.
• Ending a Relationship to Respected: Often, a victim may have initially dated or consented to a sexual relationship with a supervisor or coworker, but later ended it. If the other party does not respect an amicable ending or becomes upset about the ending, this could result in sexual harassment in the workplace.
• Creating a Hostile Work Environment: Behavior that is part of a pattern of making the workplace hostile or intimidating through sexual harassment, such as creating a pervasive atmosphere of sexual harassment.
• Retaliation for Rejection: Punishing, scaring, or retaliating against an employee for rejecting or opposing sexual advances is unlawful. Retaliation could be firing, negative performance evaluations, denying benefits, altering job responsibilities, or otherwise creating a hostile work environment.
• Sexual Harassment in Power Dynamics: When supervisors or those in positions of authority use their power to coerce or pressure employees into sexual activities, often under the threat of job-related consequences.
• Sex Discriminatory Policies: Policy or practices with a negative impact on one sex can be found unlawful, including policies that do not properly protect a certain sex in the workplace.

What damages or relief is available sexual harassment?

Several different types of remedies are available under Title VII of the 1964 Civil Rights Act if you win in court in your sexual harassment claims, possible damages including:

• Back pay:  the lost pay and benefits you would have received absent the adverse personnel action (such as wages from the date of termination until the date of the trial).
• Emotional Distress Damages: money to attempt to reimburse victims for the psychological toll that their injuries have had on their quality of life and/ or pay for treatment
• Lost Future Earnings: the lost future pay and benefits you would have received absent the adverse personnel action
• Punitive damages: damages to punish the company if it acted with malice or reckless indifference
• Equitable Relief: such a court order reinstating you to your position
• Attorneys’ Fee and Costs: expenses related to litigation

Note that different federal, state, and local laws provide for different or additional applicable relief under their regulations. For example, under Title VII of the 1964 Civil Rights Act there is a cap or limit on the amount of compensatory and punitive damages employees can recover, and such a limit may depend on the size of the employer being sued.

How do I report sexual harassment?

Reporting sexual harassment, sex discrimination, or any ensuing retaliation for standing up for your rights in the workplace is important so that your complaint is taken seriously and addressed correctly by the company or HR. Moreover, doing this correctly is vital to protecting yourself, your financial security, and, if necessary preserving a strong case if legal action is required (whether out of court, or in litigation). Here’s a general guide on how to report sexual harassment:

• Document the Harassment Record Details: Keep detailed records of the harassment, including dates, times, locations, witnesses, and the nature of the incidents.
• Save Evidence: Retain any relevant evidence, such as emails, text messages, or other communications that pertain to the harassment.  If you are unexpectantly fired, or your phone breaks, you risk losing important evidence.
• Complain to Employer of Human Resources: After documenting everything, you should file a complaint with your employer or human resources (HR) department in writing. If such important conversations happen verbally, follow up in writing summarizing important points, when you complained, and that you complained of sexual harassment. After, make sure you obtain a receipt for your complaint. If you sent a copy of your complaint through email or online, either print or save the sent email and any response.

Seek Legal Advice From a Discrimination Lawyer: If you are wrongfully fired or you’re unsure about how to proceed or if you need help navigating the reporting process, consider consulting an experienced discrimination lawyer. They can provide legal advice for your unique facts, help you understand your rights, and assist in filing claims with the Equal Employment Opportunity Commission (EEOC) or other agencies if needed.

Report to Equal Employment Opportunity Commission (EEOC): If your company does not properly resolve your claims internally, you can file a complaint with the EEOC. The EEOC may investigate or enforce federal laws prohibiting employment discrimination, such as sexual harassment. However, be careful as there are filing requirements dependent on how your claims are written and short deadlines (typically within 180 days or 300 days of the harassment occurring). Also note that filing an “EEOC Inquiry” is not the same as an “EEOC Charge,” because an “EEOC Inquiry” does not preserve your claims and you may risk losing certain legal claims.

Contact our experienced sexual harassment and sex discrimination attorneys of O’Connell Law, PLLC in New York City and Miami, Florida for a free consultation.

The workplace should be a safe environment for everyone regardless of their sex and gender. You do not have to go through this alone and you deserve justice after being subjected to sexual harassment and sex discrimination at work. Do not let your horrible boss or neglectful company make you feel that you have no options or that you will suffer embarrassment if you step forward. Many of our cases resolve without the need to publicly file a case in court, if our clients seek to keep their allegations confidential.

Contact the experienced sexual harassment and sex discrimination of O’Connell Law, PLLC today to learn more about your rights in the workplace and to see if your case qualifies as a FREE initial consultation. Call our office at (305) 209-9246 or email us at Office@KellyOconnellLaw.com.

Written by Kelly O’Connell, the founding partner of O’Connell Law, PLLC. Ms. O’Connell focuses her practice on employment law and discrimination litigation in New York and Florida. With over 12 years of legal experience, she has helped her clients recover millions.