Sexual Harassment

AMlaw Florida Sexual Harassment Lawyers

As Florida sexual harassment lawyers, we know that claims of sexual harassment law have significant distinctions over other forms of sex discrimination. Few claims involve action by the employer approving or condoning sexual harassment. Instead, following a sexual harassment claim, the employer typically alleges that an individual supervisor or co-employee acted on his own in sexually harassing the plaintiff, contrary to the employer's explicit policies and directions. Put simply, when supervisors or co-employees do engage in sexual harassment, they do not simply make decisions based on sex. Everyone in the workplace takes account of the sex of everyone else in a variety of ways, most of them innocuous, from casual conversation to personal manners and appearance. In order to determine when consciousness of sex becomes sexual harassment it is best to seek the advice of a Florida sexual harassment lawyer. The fact is that by examining only the official decisions of the employer and only whether these decisions take of account of sex is inadequate when trying to make a determination of sexual harassment.

Florida employment lawyers distinguish claims of sexual harassment that allege a hostile environment, from those involving tangible economic loss. It is important to understand that an employee need not suffer the loss of pay, benefits, or the job itself in order to have a claim for sexual harassment. All that is needed is a change in working conditions.

When it comes to sexual harassment by employees, Fort Lauderdale employment lawyers will tell you that sexual harassment law does not prohibit discrimination by employees, but rather by employers as defined by the statute, including "any agent" of such an employer.  If the harassing employee is acting as an agent of the employer, then the employer is liable, and according to the literal terms of the statute, in addition to the employee.

Florida sexual harassment lawyers lawyers are quick to point out however that the “agent” requirement will not serve as a protection under the following circumstances:

Where the employer failed to exercise reasonable care to prevent and correct promptly any sexually harassing behavior brought to his or her attention, and that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. Additionally, an employer who has a policy against sexual harassment but has failed to implement it effectively will be liable for damages resulting from sexual harassment occurring in Florida.

Lawyers

 

Alitowski & Moore

707 NE 3rd Avenue Suite 201

Fort Lauderdale FL 33304 

954-523-5333

954-523-6938

888-275-2637

888-Ask-Andrew