At Cantrell Schuette, P.A., we specialize in helping employees in St. Petersburg assert their right to earn a living in a work environment that is free from hostility because a person’s race, color, sex, religion or national origin, age, handicap status or marital status.  If you live in St. Petersburg and believe you are experiencing a hostile work environment, it’s important to consult with one of our St. Petersburg employment discrimination attorneys. We can provide an assessment of your situation and guide you on the next steps. When necessary, we take legal action to compel employers to take immediate appropriate corrective action to eliminate hostile work environments.  All consultations are confidential. You can reach us at (727) 509-6555 or coordinator@caklegal.com.

Does Pinellas County Have Laws Against Hostile Work Environment & Discrimination?

Yes, Chapter 70 of the Pinellas County Code of Ordinances, prohibits harassment discrimination in employment because of race, color, religion, sex (including pregnancy discrimination, sexual harassment, and sexual orientation) national origin, age, marital status or disability.  The Pinellas County Office of Human Rights is responsible for enforcing this Ordinance.  If you believe you have an employment claim under this Ordinance, it’s advisable to consult with one of our St. Petersburg, Pinellas County employment discrimination attorneys. They can assess your case, help build your claim, and ensure your complaint is filed within the required time frame. Contact our Pinellas County employment discrimination law firm at (727) 509-6555 or coordinator@caklegal.com. 

What types of behavior can create a hostile work environment?

Unfortunately, not all of the unwelcome, hostile or harassing conduct in the workplace is illegal.  A micro-managing boss who is intimidating to everyone he supervises is not likely to be regarded as creating an illegally hostile work environment. It’s important to understand that, unless there are extreme circumstances, a single offensive comment or isolated incident typically does not meet the legal threshold for a hostile work environment.  However, a work environment that is frequently hostile, intimidating, or offensive to an employee because of the employee’s sex or sexual orientation is a violation of federal law, specifically Title VII of the Civil Rights Act of 1964.  Title VII also prohibits hostile work environments based upon an employee’s race, color, religion, or national origin.  Other Federal and Florida laws prohibit an employer from allowing work environments hostile to an employee’s age, disability status, or marital status.  Hostile work environments can arise from various inappropriate behaviors, such as offensive jokes, slurs, threats, intimidation, name-calling, or physical assaults. These behaviors must be associated with a protected characteristic—like race, sex, age, religion, or disability—and must be sufficiently severe or widespread to create a hostile atmosphere at work.

What is an Illegal Hostile Work Environment In St. Petersburg?

Both the Florida Civil Rights Act of 1992 and Title VII of the Civil Rights Act of 1964 prohibit hostile work environments.  Short v. Immokalee Water & Sewer District, 165 F.Supp.3d, 1129 (M.D. Fla. February 26, 2016) and Ricks v. InDyne, Inc., 552 F.Supp.3d 1248 N.D. Fla. August 4, 2021).  Any work environment in which an employee experiences severe or pervasive intimidating, hostile, or abusive unwelcome conduct because of an employee’s race, color, sex, religion or national origin, age, handicap status or marital status is a hostile work environment that violates the Florida Civil Rights Act of 1992.  Hostile work environments created because of an employee’s race, color, sex, religion or national origin also violate Title VII of the Civil Rights Act of 1964.  

At our St. Petersburg law firm, we frequently receive inquiries from individuals in the area who believe they are working in a hostile work environment. In these consultations, one of our St. Petersburg employment discrimination attorneys discusses the legal standard for establishing a hostile work environment. In Dar Dar v. Associated Outdoor Club, Inc., 248 F. App’x 82 (11th Cir. 2007), in a Tampa case, the court highlighted four factors that determine whether harassing conduct meets the standard required to establish a hostile work environment claim under Title VII: (1) the frequency of the conduct, (2) the severity of the conduct, (3) whether the conduct was physically threatening or humiliating, or merely an offensive remark, and (4) whether the conduct unreasonably interfered with the employee’s job performance.  The court in Ricks v. InDyne, Inc., viewed those facts this way:

• Frequency: The conduct or behavior must be more frequent than a few dozen comments spread over a year. Isolated incidents, if particularly extreme, are sufficient to establish a hostile work environment.
• Severity: The behavior must be severe enough to create an intimidating, hostile, and offensive work environment that alters the terms of an employee’s working conditions. 
• Threatening and Humiliating: The behavior must be such that the employee feels physically threatened or humiliated, rather than simply offended.
• Interference with Work Environment: The conduct must permeate the employee’s  work environment such that it interferes with the employee’s ability to perform their job satisfactorily.

If you believe you are working in a hostile environment, our team of experienced St. Petersburg employment discrimination attorneys is here to help you understand your rights and options under Florida and Federal law.  Contact us today at (727) 509-6555 or at coordinator@caklegal.com.

How do you Prove a Hostile Work Environment Claim in St. Petersburg?

It is important to understand that the courts evaluate hostile work environment conduct based on how a reasonable person in a similar situation would perceive it.  Generally, an unwelcome work environment becomes an illegally hostile work environment when discriminatory conduct is either severe (rather than minor) or frequent and continuous (rather than isolated and in the past).   On-going harassing conduct that is medically recognized as psychologically disruptive to the employee’s day-to-day work responsibilities is usually regarded as sufficiently severe and pervasive to entitle the employee to relief.  It’s best to consult with an experienced employment discrimination attorney to determine if your situation meets the legal standards. 

To prove a hostile work environment claim, you’ll need to present evidence supporting your allegations. Here are some general steps that can help in establishing a hostile work environment claim in Florida:

• Document the Incidents: Keep a detailed record of each incident that contributes to the hostile work environment. Include the date, time, location, individuals involved, a description of the event, and what was said. Be sure to note any witnesses present during these occurrences.
• Review Company Policies: Familiarize yourself with your company’s policies regarding discrimination, harassment, and hostile work environments. These are typically outlined in the employee handbook and can provide insight into the standards your employer should follow.
• Collect Evidence: Gather any evidence supporting your claims, such as emails, text messages, memos, or other written communications documenting inappropriate behavior. You may also collect physical evidence like offensive notes or objects. However, consult with an attorney before taking any documents or information that may be confidential or proprietary to your employer.
• Identify Witnesses: If there were any witnesses to the incidents, try to obtain their contact information. It’s recommended to speak with an employment attorney before asking witnesses to provide written statements.
• Consult HR or Follow Internal Procedures: If your company has a human resources department or an established process for reporting workplace issues, follow those steps. Be sure to report the incidents and keep copies of any written complaints or correspondence related to your concerns. Florida and federal laws protect you from retaliation for reporting workplace discrimination.
• Keep a Record of the Impact: Maintain a record of how the hostile work environment has affected you, whether emotionally, physically, or in your work performance. Include any symptoms or medical treatment you have sought as a result of the situation.
• Contact the Pinellas County Employment Law Firm of Cantrell Schuette: Reach out to one of our experienced employment discrimination attorneys. We specialize in representing Pinellas County employees in workplace harassment and discrimination cases and can advise you on the applicable laws and the best course of action for your situation.

What is the Statute of Limitations for Hostile Work Environment Claim in Florida? 

The statute of limitations for a hostile work environment claim in Florida depends on the applicable law. Here’s an overview:

• Federal Claims: If you are filing a hostile work environment claim under federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), or the Americans with Disabilities Act (ADA), the general statute of limitations for filing the EEOC Charge is 180 days from the date of the most recent alleged incident. It’s crucial to file a Charge with the Equal Employment Opportunity Commission (EEOC) within this period and therefore, you should contact us well before you file the Charge. After the EEOC issues a Notice of Right To Sue you have only 90 days to file a lawsuit.  Our St. Petersburg employment discrimination attorneys are experienced in assisting clients with drafting and filing of EEOC Charges and with the filing of employment discrimination lawsuits in federal court.  Our St. Petersburg employment discrimination attorneys are experienced in taking employment discrimination cases to trial.
• Pinellas County Claims: If you are filing a hostile work environment charge under Chapter 70 of the Pinellas County Code of Ordinances, with the Pinellas County Office of Human Rights, it must be filed within 180 days of the date that the last act of discrimination took place. If the Office of Human Rights issues a right-to-sue letter and the  Charge had not been dual filed with EEOC, it will be referred to an Administrative Law Judge for determination. 
• Florida Claims: Under the Florida Civil Rights Act, you must file a discrimination Charge with the Florida Commission on Human Relations (FCHR) within 365 days of the most recent unlawful act.  After the FCHR issues a determination (or fails to take action within 180 days), you have up to one year to file a lawsuit.   

If you believe you have a potential claim for a hostile work environment, it’s critical to consult with one of the St. Petersburg employment discrimination law attorneys at Cantrell Schuette within 180 days of the last incident. Missing that statute of limitations can prevent you from pursuing an otherwise valid claim.

Top-Rated Hostile Work Environment Lawyers in St. Petersburg

Cantrell Schuette, P.A. is a leading law firm in St. Petersburg known for its commitment to employee rights. We have extensive experience handling employment law cases, including those involving hostile work environments. Our attorneys have strong academic backgrounds, several have held prestigious federal judicial clerkships, and worked for publicly traded corporations, giving us a unique advantage in understanding the legal system and decision-making processes in the resolution of employment discrimination cases.  Contact Cantrell Schuette, P.A. for personalized legal guidance at (727) 509-6555 or email us at coordinator@caklegal.com.