Working in a place where there is sexual harassment can be unbearable when you are the victim. There could be difficulty with co-workers, an uncomfortable situation with the boss or any other factor that results in this type of hostile work environment.
The relationships that are developed in the workplace between employers and their employees, and employees with their co-workers, are governed by sexual-harassment laws. The purpose of these laws is to make sure that the work environment that people are in remains safe for them to work in. It is important to be aware of the fact that Florida evaluates whether an employee has been the victim of sexual-harassment through the specified provisions that its law provides. For this reason, it becomes absolutely imperative that employees are educated on these provisions so that they know what legal avenue to take if they find themselves in a sexual harassment situation.
There are laws in Florida which give definition to what situations giving rise to claims of sexual harassment. Such conduct that could constitute sexual harassment includes, but is not limited to:
The law categorizes sexual-harassment as a type of discrimination. In some instances, it may appear as normal behavior in the office, but everyone should know that if the law does not tolerate it, neither should you.
Additionally, the law in Florida places liability on an employer for sexual-harassment if there is a hostile work environment that is created under their supervision. Florida law recognizes a hostile work environment as a place of employment which continuously producing acts that are sexual in nature. It is important to know that sexual harassment does not need to be directed at you specifically. If you are an employee of a hostile work environment, you may also have a claim for sexual harassment.
There are many ways that an employer can be found liable for sexual harassment. As a rule of thumb, if your boss, co-employee or any other personnel staff member offers you a promotion, scheduling change or bump in pay, you may have a claim against your employer for sexual harassment liability in the workplace.
Employers cannot make an employee feel as though they have no options but to comply with a certain request which is sexual in nature. Threats are not allowed, whether they are directly or indirectly imposed on an employee to perform a sexual act to avoid negative repercussions.
Employers in the state of Florida are responsible and directly liable for any sexual-harassment that goes on in the workplace.
The Broward accident attorneys at Madalon Injury Law knows that sexual-harassment situations are never easy to deal with. When you speak to one of the skilled legal representatives regarding your sexual harassment case, you will be treated with care and respect during this sensitive time of your life. Do not allow your voice to go unheard, let Madalon Injury Law fight for you and get you back what you deserve, respect! Call today for your free consultation.
Maldonado v. Publix Supermarkets, 939 So. 2d 290 (Fla. Dist. Ct. App. 2006)
This case involves an employee of a grocery store who brought on a sexual harassment claim against her employer. The acts of harassment that were alleged by the plaintiff to the lawsuit occurred over the course of several years.
A Publix employee, Ms. Maldonado, began working with the company in 1989. Nearly ten years later, she transferred from her original location to a new branch in Coral Springs, Florida. At that time, Ms. Maldonado started working as a specialist in the seafood department.
At some point in 2001, Catalino Vasquez, a co-employee of Ms. Maldonado who worked in the butchery area of the Publix grocery store, made advancements towards her. The allegations made by Ms. Maldonado claimed that the first inappropriate incident involved Mr. Vasquez touching her right side in between her buttocks and right hip. At that time, Ms. Maldonado was not aware if the grope was intentional or simply an accident because Mr. Vasquez said nothing out loud.
It was not long after that event took place that Ms. Maldonado explained to her boss that the incident occurred with Mr. Vasquez. Her supervisor, Bill Thompson, was in charge of the meat department. As soon as the incident was brought to his attention, Thompson confronted Vasquez with Maldonado present. The conversation between the employees included Thompson telling Vasquez to not allow something like this to happen again. At that time, Maldonado was content with the resolution of the problem.
Over a year had passed after the one-time incident between Vasquez and Maldonado without any other occurrences. However, in 2002, Vasquez groped the buttock of Ms. Maldonado while she used a machine intended for grinding meat. Ms. Maldonado instinctively turned and punched Mr. Vasquez telling him to respect her. Vasquez seemed to not care much of that comment as he responded by stating that Ms. Maldonado ‘was going to be his’. After little was done to rectify this situation, and other ones that followed from Vasquez, Ms. Maldonado filed a lawsuit for sexual harassment against her employer, Publix.
Florida laws are in place specifying what situations give rise for a claim of sexual harassment. Because these situations depend on circumstances, case by case, it is important to recognize what can constitute sexual harassment for a lawsuit. Some of the more common actions brought up in sexual harassment claims include:
Sexual harassment is a form of discrimination at the workplace. There are occasions where the conduct can appear to be regular behavior throughout an office, but if there is one person who feels that the conduct is inappropriate, and is forced to feel uncomfortable, a sexual harassment claim can easily be filed. It is also important to note that Florida law holds an employer liable for hostile work places due to sexual harassment. The acts of others are not required to be directed at a person specifically for that person to feel as though they were sexually harassed.
If you feel like you are being harassed in the workplace, you should speak to an attorney that has a clear understanding of sexual harassment laws. Contact the Fort Lauderdale office of Madalon Injury Law for your free consultation to learn about your rights.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.