Before now, sexual harassment has been on the rise, not just in the United States, but across the world. But in recent times, it has reduced drastically thanks to laws that are put in place to punish, and in some cases shame sexual offenders.
If you are new in Florida, understanding and adhering to these laws is important for both employees and employers to ensure a safe and respectful working environment.
Note that in Florida, victims of sexual harassment are encouraged to report incidents promptly and seek legal assistance if necessary to protect their rights.
Florida Laws Regarding Sexual Harassment
Florida Civil Rights Act of 1992 (FCRA) (F.S. 760.01-760.11):
This state law prohibits discrimination and harassment based on sex in employment, public accommodations, and other areas.
It covers both quid pro quo harassment (where employment benefits are contingent on sexual favors) and hostile work environment harassment (where the behavior creates an intimidating, hostile, or offensive working environment).
Title VII of the Civil Rights Act of 1964:
Title VII applies to Florida employers and prohibits employment discrimination based on sex, which includes sexual harassment. This law is enforced by the Equal Employment Opportunity Commission (EEOC).
Florida Commission on Human Relations (FCHR):
The FCHR is the state agency responsible for enforcing the FCRA. Individuals can file complaints of sexual harassment with the FCHR, which investigates and can take action against employers found to be in violation.
Retaliation Prohibition:
Under both the FCRA and Title VII, it is illegal for employers to retaliate against employees who report sexual harassment, file a complaint, or participate in an investigation or lawsuit regarding harassment in Florida.
Employer Liability and Responsibilities:
In Florida, employers are required to take reasonable steps to prevent and promptly correct sexual harassment. This includes having a clear anti-harassment policy, providing training, and having procedures in place for reporting and addressing complaints.
Hostile Work Environment:
Behavior that creates a hostile or offensive work environment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Such behavior must be severe or pervasive enough to affect the conditions of employment.
Quid Pro Quo Harassment:
This occurs when job benefits, such as promotions or continued employment, are contingent on submission to sexual advances. It is strictly prohibited under both state and federal laws.
Statute of Limitations:
Victims of sexual harassment in Florida generally have 365 days to file a complaint with the FCHR. Complaints to the EEOC must be filed within 300 days of the alleged harassment.
Legal Remedies:
In Florida, victims of sexual harassment may be entitled to remedies including reinstatement, back pay, compensatory damages, punitive damages, and attorney’s fees.
Training Requirements:
While Florida law does not currently mandate sexual harassment training for all employers, it is strongly recommended as a best practice to prevent harassment and demonstrate the employer’s commitment to a harassment-free workplace.