The U.S. Supreme Court has long held that workplace sexual harassment is a form of unlawful discrimination under Title VII of the Civil Rights Act. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) .

In order to establish a claim for sexual harassment, a plaintiff must establish that: (i) the harassment occurred because of his or her sex; and (ii) the harassment was sufficiently severe or pervasive and created an abusive working environment.

According to the U.S. Supreme Court, harassment is sufficiently severe or pervasive when it is “so offensive as to alter the conditions of the victim’s employment.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81 (1998) .

This standard is obviously vague. In applying the standard, federal courts have articulated several factors to consider. Although these factors vary slightly among courts, most consider:

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.
4. Whether the conduct unreasonably interferes with the employee’s job performance.

To illustrate, courts generally agree that a kiss on the lips by a supervisor can be sufficient to establish a sexual harassment claim. Although this may be an isolated incident, courts also typically acknowledge that there are few actions more offensive than an unwanted kiss by a supervisor. Additionally, any unwanted touching by a supervisor that is sexual in nature is not only a possible sexual harassment claim but may also constitute an unlawful sexual assault.

On the other hand, courts generally hold that a small handful of sexually related comments, even if directed towards the employee, are generally not sufficient to establish a sexual harassment claim. For example, in Scott v. Pizza Hut of American. Inc., 92 F. Supp. 2d 1320 (M.D. Fla. 2000) a Florida federal court held that a female pizza driver in Tampa was subject to sexual harassment when co-workers implied she was a prostitute or needed to “go out and get some sex”, because the conduct was not physically threatening or sufficiently humiliating, and conduct did not unreasonably interfere with her job performance. 

The following is a non-exhaustive list of actions that are unacceptable in the workplace and may constitute unlawful sexual harassment or unlawful sexual assault under certain circumstances:

• Unprompted comments or questions that are sexual in nature
• Sex jokes
• Unwanted physical contact of a sexual nature (e.g., kisses, hugs, butt or genital touching, rape)
• Pressing parts of one’s body against another in any sexual way
• Repeatedly asking someone else
• Repeated compliments on someone’s looks
• Asking for sexual favors
• Inappropriate communications after work hours
• Repeatedly asking someone out on a date
• Surprise dates under the pretense of a “work meeting”
• Suggestive text messages or emails
• Unwanted or inappropriate gifts of a romantic nature

If you believe you are a victim of workplace sexual harassment in Tampa or Hillsborough County, Florida, contact us immediately at (813) 705-6275 or emailing us at coordinator@caklegal.com. 

If you have experienced sexual harassment at work, inform your employer and as appropriate, your supervisor(s) and HR. Ideally, verbal complaints should also be memorialized in a follow-up written complaint.

If the unwanted conduct does not cease, or if the conduct was so severe that you feel an attorney is needed, contact Cantrell Astbury Kranz, P.A. and speak with one of our Tampa employment lawyers. Initial consultations are free. Call today at (813) 705-6275 or emailing us at coordinator@caklegal.com. 

Yes. A claim for sexual harassment under Title VII of the Civil Rights Act is not limited to only harassment by supervisors or business owners. Employers can also be held liable for harassment by non-management, including co-workers and even third parties such as customers and contractors.

The legal test for whether a company can be liable for sexual harassment by someone who is not in management includes two questions: First, did the company know or the company should have known about the sexual harassment? Secondly, if so, did the employer then take immediate and appropriate corrective action?  

Tampa employers have a legal obligation to stop workplace sexual harassment that they know about or should have reasonably known about and can be held liable if they do not fulfill this obligation.

An individual can sue their employer for sexual harassment even if the individual quit their job under the concept of constructive discharge. In establishing constructive discharge, an individual must demonstrate that the workplace conditions were so unacceptable that a reasonable person would also feel compelled to resign.

Individuals who want to file a workplace sexual harassment lawsuit are required by law to first file a complaint (a “Charge of Discrimination”) and complete the EEOC review process under Title VII of the Civil Rights Act. We strongly recommend that individuals retain an employment attorney to assist them in the EEOC process and ensure that all the appropriate information is provided and that all appropriate claims are asserted. In Florida, may also file a claim with the Florida Commission on Human Relations under the FCRA.

Depending on the circumstances, there will be either a 180-day or 300-day statute of limitations on filing a complaint with the EEOC. This means you will have 180 days or 300 days from the date the harassment occurred to file a claim with the EEOC. Under Florida law, you will have 365 days from the date the harassment occurred to file a claim under the FCRA with the Florida Commission on Human Relations. Similarly, to the EEOC, this requires an administrative process prior to filing a lawsuit.

After a complaint is filed, the EEOC will notify the employer and provide the employer 10 days to respond to the complaint. 

An EEOC investigator will conduct an investigation into the harassment and will then make a finding on the merits of the sexual harassment claim. One of two potential results is possible:

1. If the EEOC states that they are unable to conclude that there is reasonable cause to believe that unlawful sexual harassment occurred, the complaining party and employer will be issued a notice called a Dismissal and Notice of Rights. This notice informs the complaining party that he or she has the right to file a lawsuit in federal court within 90 days. 

1. If the EEOC states that based on their investigation, there is reasonable cause to believe unlawful sexual harassment occurred, the EEOC will issue a Letter of Determination stating their conclusion and inviting the parties to join the EEOC in resolving the complaint through an informal process known as conciliation.

If a lawsuit is filed, it can often take one to two years to complete the entire lawsuit process, which may include a trial. Formal mediation also typically happens after a lawsuit is filed, providing the parties with another opportunity to resolve the dispute. Most claims of sexual harassment are resolved before trial. However, if an employer is unwilling to provide fair compensation, then a trial may be the best option to pursue.

The employment lawyers at Cantrell Astbury Kranz, P.A. have substantial experience with the EEOC and FRCA complaint processes and a track record of successfully resolving sexual harassment lawsuits on behalf of clients in Tampa and throughout Florida. As the complaint process can be quite complex, we strongly advise potential clients to speak with an attorney prior to filing a complaint.

Contact us today by calling (813) 705-6275 or emailing us at coordinator@caklegal.com. 

Damages available for workplace sexual harassment claims depend on the circumstances and can vary from case to case. Generally, the following types of damages may be recoverable under federal law:

• Back pay
• Cost incurred related to the lawsuit
• Out of pocket costs associated with finding new employment
• Mental anguish
• Attorneys’ fees
• Fringe Benefits that would have been received
• Punitive damages

Cantrell Astbury Kranz, P.A. Tampa employment law attorneys are experienced in representing victims of sexual harassment. For a free consultation, contact us at (813) 705-6275 or emailing us at coordinator@caklegal.com.