What is a Hostile Work Environment Under Miami, Florida Law? 

We often have individuals in the Miami area who speak with one of our Miami employment attorneys to complain about what they consider a hostile work environment. In those calls, we cover the Florida legal standard for a hostile work environment. 

In Florida, a hostile work environment refers to a workplace where an employee is subjected to unwelcome conduct or behavior based on a protected characteristic that is severe or pervasive enough to create an abusive or hostile working environment. Under Florida law, as well as federal laws such as Title VII of the Civil Rights Act of 1964, the following factors are typically considered when determining if a work environment is hostile:

• Discrimination: The conduct or behavior must be based on a protected characteristic such as race, color, national origin, sex, religion, disability, or age.

• Severity or pervasiveness: The conduct must be severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Absent extreme circumstances, isolated incidents are usually insufficient to constitute a hostile work environment.

• Reasonable person standard: The behavior is evaluated from the perspective of a reasonable person in a similar situation, considering the totality of the circumstances. In other words, the behavior is not evaluated from the perspective of the individual who was subject to it. 

• Impact on work environment: The conduct interferes with an employee’s ability to perform their job or creates an abusive or hostile environment that affects their well-being.

It’s important to note that, absent extreme circumstances, a single offensive comment or isolated incident may not meet the legal standard for a hostile work environment. However, if the behavior is frequent, severe, and creates an intimidating or hostile environment, it may be considered unlawful. 

The specific legal standard for a hostile work environment for lawsuits filed in Miami is detailed by the U.S. Eleventh Circuit of Appeals. According to the Eleventh Circuit, to establish a claim for hostile work environment, a plaintiff must demonstrate that a reasonable person would find the work environment to be hostile and abusive, and the plaintiff must subjectively perceive the environment to be abusive. 

The Eleventh Circuit has identified the following four factors to be considered in determining whether harassment objectively altered an employee’s terms or conditions of employment: (1) the frequency of the conduct; (2) the severity of the conduct; (3) whether the conduct is physically threatening or humiliating, or a mere offensive utterance; and (4) whether the conduct unreasonably interferes with the employee’s job performance. Allen v. Tyson Foods, 121 F.3d 642, 647 (11th Cir. 1997).

In applying that standard, in a case called Gonzalez v. Spitzer Autoworld Homestead, Inc., 22-CV-21590 (S.D. Fla. May 8, 2023), a federal court in Miami held that a hostile work environment was demonstrated when a plaintiff alleged that:

• Her boss asked her out on dates almost every day, and she (the plaintiff) kept telling him no.
• Her boss touched her hand inappropriately, called her “baby,” mentioned he had a dream about herm, and asked for a couples’ massage. 
• Her boss pulled her left arm towards him, bit one of her breasts, slapped her buttocks several times, and held her tight as she tried to pull away. 

Applying the factors to the above allegations, the court held that the harassment was sufficiently objectively hostile and abusive and that the conduct constituted more than an offensive utterance. 

What are Florida’s Laws on Hostile Work Environment 

The Florida law that prohibits a hostile work environment, workplace discrimination, and workplace retaliation is the Florida Civil Rights Act (FCRA). The FCRA is interpreted the same way as the Title VII of the Civil Rights Act of 1964.

The following federal laws also prohibit a hostile work environment against an employee based on certain protected characteristics of that individual: 

• Title VII of the Civil Rights Act of 1964: Title VII prohibits discrimination based on race, color, religion, sex, and national origin. It covers employers with 15 or more employees, including state and local governments.

• Age Discrimination in Employment Act (ADEA): The ADEA protects individuals who are 40 years of age or older from age-based discrimination in workplaces with 20 or more employees.

• Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and requires employers with 15 or more employees to provide reasonable accommodations for qualified individuals.

• Pregnancy Discrimination Act (PDA): The PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees.

Under these federal laws, a hostile work environment may arise when an employee is subjected to unwelcome and pervasive harassment or discriminatory conduct based on a protected characteristic, as mentioned earlier. To address such issues, employees in Florida can file a complaint with the Equal Employment Opportunity Commission (EEOC), which is the federal agency responsible for enforcing these laws. 

How to Prove a Hostile Work Environment under Florida Law?

As an initial matter, if you live in South Florida and believe you are subject to an unlawful hostile work environment, you should speak with one of our Miami employment attorneys. They can provide you with a free assessment of your situation and potentially guide what you should do. Any calls are strictly confidential. You can contact us at (305) 684-8004 or coordinator@caklegal.com. 

Proving a hostile work environment claim typically involves presenting evidence that supports your allegations. Here are some general steps that can help in establishing a hostile work environment claim in Florida:

• Document incidents: Keep a detailed record of each incident that contributes to the hostile work environment. Include dates, times, locations, individuals involved, a description of what happened, and a detailed description of what each person said. Note any witnesses present during these incidents.

• Review company policies: Review the company’s policies and procedures regarding discrimination, harassment, and a hostile work environment. This will help you understand the standards and procedures that your employer should be following. These policies and procedures are most often contained in your employer’s employee handbook. 

• Gather evidence: Collect any supporting evidence, such as emails, text messages, memos, or other written communications documenting inappropriate behavior. Additionally, gather any physical evidence, such as offensive notes or objects. However, speak with an attorney before taking any documents or data that may be confidential or propriety business information. 

• Identify witnesses: If there were witnesses to the incidents, try to obtain their contact information. It is prudent to speak with an employment attorney before asking a witness to provide any written statement. 

• Consult HR or follow internal procedures: If your company has a human resources department or an established procedure for reporting workplace issues, follow those steps. Report the incidents and maintain copies of any written complaints or correspondences related to your complaint. Under Florida and federal laws, it is unlawful for an employer to retaliate against you for reporting perceived unlawful workplace discrimination against you. 

• Maintain a record of the impact: Keep a record of how the hostile work environment has affected you, such as emotional distress, changes in work performance, physical symptoms, or medical treatment sought as a result.

• Contact the Miami employment law firm of Cantrell Astbury Kranz: Consult with an employment attorney at our law firm. They specialize in representing Miami employees in workplace discrimination and harassment cases. They can guide you on the specific laws and regulations applicable to your situation and advise you on the best course of action.

You can contact one of our Miami labor and employment lawyers who handle hostile work environment claims at (305) 684-8004 or coordinator@caklegal.com.  

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. For example: 

• Federal Claims: Regardless of where you live, 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 is 180 days from the date of the alleged incident. It is important to file a complaint with the Equal Employment Opportunity Commission (EEOC) within this timeframe. Our Miami employment attorneys help clients with the EEOC’s complaint drafting and filing process. 

• Florida Laws: Under the Florida Civil Rights Act, you must file a complaint with the Florida Commission on Human Rights within time period of the alleged unlawful act. Once the FCHR issues a determination of reasonable cause (or fails to act within 180 days), you have up to one (1) year to file a lawsuit. There are certain exemptions to this rule. Some cities in Florida have their own workplace discrimination laws with unique and different statutes of limitations. For details on filing a claim with the FCHR and their process, see their website here.

It is essential to consult with one of the Miami employment law attorneys at Cantrell Astbury Kranz if you have a potential claim for a hostile work environment. Missing the statute of limitations will generally bar any recovery for an otherwise valid claim. 

Does Miami-Dade County Have Laws Against Hostile Work Environment & Discrimination?

Yes. Miami-Dade County has a Human Rights Ordinance in Chapter 11A of the Miami-Dade County Code. In that Ordinance, it is unlawful to discriminate against any person in Miami-Dade County in employment on the basis of race, color, religion, national origin, sex, pregnancy, age, disability, marital status, family status, sexual orientation, source of income, gender identity or expression, and./or status as a victim of domestic violence, dating violence, or stalking. 

The Miami-Dade Commission on Human Rights is responsible for enforcing the Ordinance. Importantly, the alleged hostile work environment must have occurred in Miami-Dade County for this Ordinance to apply. For more information about the Miami-Dade County Human Rights Ordinance, see their website here. If you believe you may have an employment claim under the Miami-Dade County Human Rights Ordinance, it is prudent to call one of our Miami employment attorneys. They can assess your situation, help build your case, and ensure your complaint is timely filed. 

Contact the Miami labor and employment at Cantrell Astbury Kranz today at (305) 684-8004 or coordinator@caklegal.com