What is Sexual Harassment? 

Sexual harassment encompasses unwelcome and uninvited offensive advances, behaviors of a sexual nature, or verbal and physical actions that have a sexual connotation, all of which create an uncomfortable atmosphere in a person’s professional setting. It is crucial to recognize that sexual harassment is both unacceptable and degrading, and it should be universally condemned. Everyone has the right to operate in an environment devoid of any form of harassment, including sexual harassment.

Sexual harassment is often placed into three categories:

1. Quid Pro Quo Sexual Harassment: This type occurs when an individual submits to sexual advances with the expectation of receiving a job-related benefit, such as a promotion. Conversely, it also encompasses scenarios where an individual denies such advances and subsequently faces negative employment consequences.
2. Gender Stereotype Harassment: This occurs when an employer, colleague, or supervisor harasses an individual due to their non-conformity with traditional male or female stereotypes.
3. Hostile Work Environment Harassment: This form arises when verbal or physical behaviors of a sexual nature unreasonably disrupt a person’s job performance, or lead to an intimidating, offensive, or hostile work environment. To qualify as such, there generally needs to be a repeated pattern of offensive behavior, as a single instance is usually inadequate unless it is exceptionally severe.

There are a multitude of behaviors that can be considered sexual harassment, including:

• Verbal: Making sexual advances, requesting sexual favors, sharing sexual jokes, spreading sexual rumors, commenting on a person’s appearance or clothing, and asking inappropriate questions about their personal life.
• Nonverbal: Engaging in leering, whistling, making suggestive or derogatory sounds, using offensive gestures, displaying sexually suggestive images on office walls or electronic devices, and sending inappropriate emails or text messages.
• Physical: Engaging in physical contact, such as grabbing, kissing, touching, patting, pinching, or impeding someone’s movement.

Sexual harassment misconceptions are pervasive and harmful. Many victims do not come forward because they are worried they won’t be considered a victim. Challenging conventional notions, victim and harasser identities defy gender boundaries, with roles transcending workplace settings and encompassing diverse relationships and contexts. The following is a non-exhaustive list of these common misconceptions: 

• Victim and Harasser Identities: Both the victim and the harasser can be of any gender. Despite common belief, sexual harassment claims are not restricted to male harassment of females. 
• No Gender Barrier: The victim and harasser do not need to be of different sexes. Sexual harassment can occur between members of the same sex or gender identities. 
• Harasser Roles: The harasser can occupy various roles, including being a supervisor, coworker, client, or customer. 
• Affected Parties: The victim doesn’t have to be the person directly targeted by the harassment; anyone affected by the offensive behavior can be considered a victim.
• Context of Occurrence: Sexual harassment is not confined to the workplace’s location or hours. It can occur at off-site meetings, restaurants, office events, and other similar situations.
• Types of Harm: Sexual harassment that infringes on legal rights can transpire even without resulting in financial harm or the dismissal of the victim.

Recognizing and addressing sexual harassment is paramount to fostering respectful and inclusive work environments. By promoting understanding and awareness, individuals and organizations can collectively combat this negative behavior and create a more equitable professional sphere for everyone.

If you suspect that you’ve encountered unlawful sexual harassment, reach out to the proficient attorneys specializing in sexual harassment matters at Cantrell Schuette, P.A. Feel free to initiate a no-cost consultation by dialing (305) 684-8004, or you can send an email to coordinator@caklegal.com.

Lawful vs. Unlawful Harassment

Unfortunately, not all harassment is unlawful. Some harassment may be distressing and unpleasant, but still not be illegal. 

Lawful harassment encompasses actions that are directed at anyone, regardless of protected status. This type of harassment includes trivial, petty, or bothersome acts like excessive oversight or overly critical behavior. Examples include:

1. An office manager berates and uses profanity toward all employees in the workplace.
2. A supervisor closely monitors employees, even following them to the restroom to prevent leaving the job site.
3. A manager criticizes an individual for not displaying strong teamwork skills.
4. The head of a department consistently fails to greet, smile at, or express gratitude to a particular employee.

Unlawful harassment, on the other hand, denotes a type of workplace discrimination that targets an individual or group due to their protected characteristics. It encompasses repeated instances of offensive behavior or a singular, highly severe action. In Miami, harassment based on factors such as race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, veteran status, source of income, status as a victim of domestic violence or stalking, gender identity, or gender expression is strictly prohibited. This behavior creates an environment that is hostile or offensive and unreasonably obstructs the individual’s capacity to perform their job effectively. Harassment of a sexual nature is almost always illegal because it is based on a person’s protected status, specifically, sex, sexual orientation, gender identity, or gender expression. 

The subsequent list outlines a selection of behaviors that are deemed unacceptable within a professional environment and could potentially qualify as illegal sexual harassment or sexual assault under specific circumstances:

1. Unsolicited remarks or inquiries of a sexual nature.
2. Sexual humor or innuendos.
3. Unwanted physical advances with sexual connotations (e.g., kissing, hugging, touching of buttocks or genitals, non-consensual acts).
4. Pressing any part of one’s body against another in a sexually suggestive manner.
5. Soliciting sexual favors.
6. Inappropriate communication beyond work hours.
7. Sending suggestive text messages or emails.
8. Arranging surprise outings under the guise of a “business meeting.”
9. Offering unwelcome or inappropriate romantic gifts.
10. Persistent and unwelcome questioning of a personal nature.
11. Repetitive compliments concerning an individual’s appearance.
12. Continuously asking someone out on dates despite refusal.

If you believe you may be the victim of illegal sexual harassment, contact the top Miami sexual harassment lawyers at Cantrell Schuette, P.A. For free consultation, call us at (305) 684-8004 or email us at coordinator@caklegal.com.

What laws apply to sexual harassment claims? 

In Miami, sexual harassment claims fall under federal, state, and local laws. Title VII of the Civil Rights Act of 1964 extends protections against sexual harassment, encompassing unwanted advances and conduct of a sexual nature that disrupts the workplace. The Florida Civil Rights Act provides broader coverage, including various settings beyond employment, and mandates preventive measures by employers and housing providers. The Miami-Dade Human Rights Ordinance strengthens these protections by expanding the protected class of victims. 

Title VII of the Civil Rights Act of 1964 

While the primary aim of Title VII of the Civil Rights Act of 1964 was to address racial discrimination, it has been interpreted to encompass protections against sexual harassment as well. Under the act, unwanted propositions of a sexual nature, solicitations for sexual compliance, and any form of spoken or physical behavior with sexual undertones amount to sexual harassment when such actions, whether explicitly or implicitly, impact an individual’s job status, unreasonably disrupt their professional effectiveness, or give rise to a hostile, antagonistic, or distressing workplace atmosphere. This can encompass various behaviors, from explicit comments and inappropriate jokes to unwanted touching or the creation of a hostile environment through pervasive sexual innuendos.

The law applies to all employers with 15 or more employees, regardless of the industry. It not only protects employees from harassment by supervisors and managers but also by coworkers and even clients or customers. Importantly, the law requires employers to take proactive measures to prevent and address sexual harassment. This includes establishing clear anti-harassment policies, providing training to employees, and implementing mechanisms for reporting and addressing complaints.

In cases where sexual harassment claims are brought forward, Title VII provides a legal framework for affected individuals to seek remedies. These can include monetary damages, injunctive relief to halt the harassment, and even reinstatement of employment for those who were wrongfully terminated due to raising complaints.

Finally, retaliatory actions taken against an individual who opposes gender-biased employment practices or who files a charge of discrimination, offers testimony, or engages in any manner with investigations, proceedings, or legal actions related to Title VII, are also in violation of the law.

Florida Civil Rights Act

 The Florida Civil Rights Act serves as a vital legal framework that comprehensively addresses and prohibits sexual harassment within the state. Enacted to ensure equal protection and opportunities for all individuals, the Act extends its provisions to encompass the realm of sexual harassment, thereby fostering a safe and equitable environment for employees, tenants, and those engaging in public accommodations.

Under the Act, sexual harassment is explicitly defined as unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The law’s applicability is broad, covering not only direct employees but also job applicants, volunteers, and independent contractors. Furthermore, the Act encompasses various settings such as workplaces, housing complexes, and public establishments, ensuring that protection extends across diverse contexts.

The Florida Civil Rights Act mandates that employers, housing providers, and public accommodation operators take proactive measures to prevent and address sexual harassment. This involves implementing anti-harassment policies, establishing clear reporting mechanisms, and promptly investigating complaints. Employers are held accountable for acts of harassment by supervisors, co-workers, and even third parties if the employer is aware of such conduct and fails to take corrective action.

Victims of sexual harassment have the right to file complaints with the Florida Commission on Human Relations (FCHR) or directly pursue legal action in court. Remedies may include injunctive relief, compensatory damages, and even punitive damages in cases of egregious misconduct.

Miami-Dade Human Rights Ordinance

The Miami-Dade Human Rights Ordinance explicitly forbids sexual harassment through a comprehensive framework designed to protect individuals from such demeaning and unlawful behaviors. Under this ordinance, sexual harassment is defined as unwelcome advances, requests for sexual favors, or any other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. 

The ordinance extends its protective umbrella beyond its Federal and Florida counterparts, encompassing instances where the harassment is based on gender identity. It also recognizes that harassment can take nuanced forms, ranging from explicit advances to subtle comments, and that all such behavior is unacceptable within the county’s jurisdiction.

Miami-Dade’s Human Rights Ordinance establishes clear procedures for reporting and addressing complaints of sexual harassment. It mandates that employers, landlords, and educational institutions take prompt and effective action when informed of such incidents. This underscores the responsibility of these entities in maintaining environments that are free from any form of discrimination, including sexual harassment.

Navigating the complex legal landscape surrounding sexual harassment claims is crucial for victims seeking justice and resolution. In this challenging journey, seeking the expert legal advice of professionals like Cantrell Schuette, P.A. can be instrumental. With our deep understanding of federal, state, and local laws, as well as our extensive experience in advocating for victims’ rights, we offer a guiding hand through the intricate legal process. Our expertise ensures victims are well-informed about their rights, equipped to make informed decisions, and supported in every step of pursuing their claims. With Cantrell Schuette, P.A., victims can find a knowledgeable ally dedicated to helping them navigate and successfully address their sexual harassment claims within the intricate framework of the law. Contact us today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.

Can an employer be sued for sexual harassment by a co-worker or third party (e.g., customer or contractor)?

Absolutely. Under Title VII of the Civil Rights Act, a sexual harassment claim extends beyond harassment by superiors or business proprietors. Employers can also be held liable for harassment by non-managerial personnel, including co-workers, and even third parties like customers and contractors. 

Liability hinges on a two-pronged assessment: First, did the employer know or should have known about the sexual harassment? Second, if so, did the employer promptly and effectively address the issue?

Miami employers are legally obligated to counter workplace sexual harassment, whether known or reasonably foreseeable, and may be held responsible if this duty is neglected.

At Cantrell Schuette, P.A., we stand as informed allies, committed to aiding victims in effectively navigating and resolving their cases of sexual harassment within the complex legal landscape. Reach out to us now for a complimentary initial consultation at (305) 684-8004 or via coordinator@caklegal.com.

Can I pursue a claim for sexual harassment after I quit or am fired?

Individuals can pursue legal action against their employer for sexual harassment even if they resign from their position, a concept known as constructive discharge. To establish constructive discharge, one must demonstrate that the work conditions were sufficiently intolerable that a reasonable person would also find it necessary to resign.

At Cantrell Schuette, P.A., our lawyers can assess your specific case and help guide you through the process. Contact us now for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.

How do the EEOC and FCRA processes operate for sexual harassment claims?

Individuals seeking to initiate a workplace sexual harassment lawsuit must first file a “Charge of Discrimination” and engage in the EEOC review process as mandated by Title VII of the Civil Rights Act. Consulting an employment attorney during this process is strongly recommended to ensure the proper submission of information and claims. In Florida, individuals can also file claims with the Florida Commission on Human Relations under the FCRA.

The time frame for filing an EEOC complaint depends on either a 180-day or 300-day statute of limitations from the date of the harassment. Similarly, under Florida law, there’s a 365-day window from the date of harassment to file an FCRA claim with the Florida Commission on Human Relations. This initial administrative procedure is necessary before pursuing a lawsuit.

Post-filing, the EEOC will notify the employer, granting them a 10-day period to respond. An EEOC investigator will then probe the harassment claims and provide a determination. If the EEOC does not find reasonable cause to support the claim, a Dismissal and Notice of Rights is issued, allowing the complaining party to file a lawsuit within 90 days. If the EEOC determines reasonable cause exists, a Letter of Determination is issued, inviting the parties to participate in conciliation to address the complaint.

If legal action is initiated, the timeline for the entire litigation process, including a potential trial, commonly spans one to two years. Formal mediation, typically occurring subsequent to filing a lawsuit, offers another chance for the involved parties to settle the conflict. The majority of sexual harassment allegations find resolution prior to trial. Nevertheless, should an employer refuse to offer equitable restitution, pursuing a trial might become the most viable course of action.

The accomplished employment attorneys at Cantrell Schuette, P.A. possess extensive experience with the EEOC and FCRA complaint processes, consistently delivering successful resolutions to sexual harassment cases in Miami and throughout Florida. Given the intricate nature of the process, we strongly advise potential clients to consult an attorney prior to initiating a complaint. Reach us at (305) 684-8004 or coordinator@caklegal.com.