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Orlando, Florida Sexual Harassment Lawyer /
Attorney
The American Psychological Association estimates
that 71 percent of working women will be
subjected to sexual harassment during their
working careers. Sexual harassment in the
workplace is a violation of both federal and
state law. This page is designed to acquaint you
with the subject of sexual harassment and to
discuss, in general terms, the laws that govern
and protect your rights in this pervasive and
evolving area.
I. FEDERAL LAW
Title VII of the Civil Rights Act of 1964, as
amended in 1972, 1978 and 1991, affords
employees the right to work in an environment
free from discriminatory intimidation, ridicule,
and insult. This law establishes a clear and
explicit federal policy against sexual
harassment in the workplace. The statute, as
interpreted by EEOC regulations and the courts,
gives employees the right to work in an
environment that is free of sexual harassment.
Moreover, the law is clear that an employer is
required to take adequate corrective action to
eliminate sexual harassment from the workplace
and to take necessary steps to prevent its
occurrence in the future. Title VII and the
opinions and regulations interpreting it,
establish an "explicit" "clearly defined" public
policy "condemning sexual harassment in the
workplace . . . ." In enacting Title VII,
Congress "considered the policy against
discrimination to be of the `highest priority.'"
Section 703(a)(1) of Title VII, 42 U.S.C.
§2000e-2(a)(1), makes it an unlawful employment
practice for an employer "to discriminate
against any individual with respect to his . . .
terms, conditions, or privileges of employment
because of such individual's . . . sex." The
Supreme Court has left no doubt that unwelcome
sexual advances and physical contact of a sexual
nature that create a hostile or offensive work
environment violate section 703(a)(1). Meritor
Savings Bank v. Vinson, 477 U.S. 57, 66 (1986).
The Court agreed with the EEOC that "Title VII
affords employees the right to work in an
environment free from discriminatory
intimidation, ridicule, and insult." 477 U.S. at
65, citing 45 Fed. Reg. 74676 (1980). The EEOC's
Guidelines on Discrimination Because of Sex
state specifically that "[u]nwelcome sexual
advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature"
constitute unlawful "sexual harassment" where
"such conduct has the purpose or effect of
unreasonably interfering with an individual's
work performance or creating an intimidating,
hostile, or offensive working environment." 29
C.F.R. § 1604.11(a)(1980). EEOC Policy Guidance,
N-915.035, October 25, 1988. Moreover, in
hostile work environment litigation under Title
VII, the appropriate standard is that of a
reasonable woman under similar circumstances.
Thus, behavior that a reasonable woman would
find objectionable is not tolerated under the law
even if many people deem it harmless or
insignificant.
Title VII places upon an employer the
responsibility to maintain a work environment
free of sexual harassment. The courts have
recognized that an employer has the duty, once
on notice, to take remedial action to stop
sexual harassment which creates an offensive
work environment or face liability for failing
to do so. Likewise, the EEOC's Guidelines state
that an employer is liable for sexual harassment
between fellow employees of which it knew or
should have known, "unless it can show that it
took immediate and appropriate corrective
action." 29 C.F.R. § 1604.11(d). Moreover,
recognizing that "[p]revention is the best tool
for the elimination of sexual harassment," the
EEOC Guidelines direct an employer to "take all
steps necessary to prevent sexual harassment
from occurring such as . . . expressing strong
disapproval, developing appropriate sanctions .
. . ." 29 C.F.R. §1604.11(f). Accord EEOC Policy
Guidance, N-915.035 at 6488.
Thus, Title VII, as interpreted by the Supreme
Court, the courts of appeals, and the EEOC,
establishes an "explicit," "well-defined and
dominant" public policy readily "ascertained by
reference to the laws and legal precedents"
forbidding sexual harassment in the workplace
and requiring that an employer take all
corrective action necessary to insure that
employees are no longer subject to sexual
harassment in the work environment.
As a prerequisite to filing a Title VII court
action, an aggrieved person must first file a
timely charge of discrimination with the EEOC
setting forth the facts giving rise to the
sexual harassment. In Florida, this charge must
be filed within 300 days from the date of the
illegal act. A Right-to-Sue letter from the EEOC
is a procedural prerequisite to filing a lawsuit
on the claim of sexual harassment. Litigation
must be filed within 90 days of receipt of the
Right-to-Sue Letter; otherwise, the Title VII
case may be time-barred and therefore lost
forever. With the Right-to-Sue Letter in hand,
the employee may then commence a lawsuit seeking
damages in either state or federal court.
II. FLORIDA LAW
"There can be no doubt at this point in time
that both the state of Florida and the federal
government have committed themselves strongly to
outlawing and eliminating sexual discrimination
in the workplace, including the related evil of
sexual harassment." Florida Supreme Court in
Byrd v. Richardson/Greenshields Securities,
Inc., 552 So.2d 1099 (1989).
The Florida Legislature enacted the Florida
Civil Rights Act of 1992 which took effect on
October 1, 1992. This new law provides for a
trial by jury and permits a court to award
compensatory damages, i.e., pain and suffering,
mental anguish, etc. and punitive damages not to
exceed $100,000.00. In order to take advantage
of the new law, the party must initially file a
charge of discrimination with the Florida
Commission on Human Relations ("FCHR") within
365 days of the last act of sexual harassment.
After conducting its investigation, if the FCHR
determines that there is reasonable cause to
believe that discrimination exists, the employee
may bring a civil action for damages against the
wrongdoer and/or employer. A claim under Title
VII of the Civil Rights Act of 1964, as amended,
may be combined in the same lawsuit with an
action under the Florida Civil Rights Act of
1992.
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464
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hiring of a lawyer, you should learn about the lawyer's qualifications
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