Sexual Harassment | Sexual Harassment occurs when an employee is subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. The conduct typically must create a hostile or offensive environment in the workplace.
Sexual harassment is sex discrimination and therefore prohibited under Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.). A victim of sexual harassment may sue her employer for discrimination under Title VII. Like other suits under Title VII the employer must have at least 15 employees during the prior calendar year.
The EEOC guidelines provide further guidance as to the definition of sexual harassment:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
- submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. (29 C.F.R. § 1604.11 )
Sexual harassment may be physical, such as hugging, pinching, patting, kissing, grabbing blocking the victim’s path, leering, or staring, or standing very close to the victim. It may also be verbal, which may be oral or written and could include requests.
Frequently, the key issue will be whether the sexual advances were unwelcome and uninvited. Whether the conduct in question was unwelcome is determined by the totality of the circumstances.
Before filing suit against your employer you must first file a claim with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). Claims filed with the FCHR must be filed within 365 days of the date the discrimination occurred. Claims filed with the EEOC must be filed within 300 days of the date the discrimination occurred. However, it is always advisable to meet with an attorney or file your claim as soon as you can so that you don’t waive other remedies.
If you feel you have been the victim of sexual harassment, please do not hesitate to call our offices in Tampa or Tallahassee. When you call, an attorney will be happy to discuss your claim and determine your best options.
SCHEDULE A FREE CONSULTATION
If you have questions regarding a legal matter, schedule a FREE Confidential Consultation by calling us at Tampa: 813-434-0649 | Tallahassee: 850-877-7299 or submitting a request.
What Our Clients Are Saying . . .
When my wife and I lost our baby due to employer negligence we had a very hard time finding a lawyer to listen and take our case. Mr. Printy, however, picked up the case and resolved our issues every step of the way. In the end, my wife and I are very happy and appreciate the outcome. We cannot thank him enough. - Nivaldy and Maria
I found Mr. Printy to not only be highly competent and extremely knowledgeable about this specialized area of law but also to be highly ethical and compassionate. Attorney Gary Printy Jr. was great with everything. Every time I would meet with him he would explain what was going on and what I needed to do perfectly and what could happen.I was always able to reach him to talk about my case and I never felt lost or that I didn't understand what was happening with my case. My case was quickly resolved in my favor.He also provided his excellent service on a contingent fee which was extremely helpful and most important to me and my family since I was out of work.If you are faced with an unemployment discrimination issue, you should immediately call Mr. Gary Printy Jr. with Printy & Printy P.A.. I highly recommend him as your attorney. He will take the time to meet with you and resolve your issue. I can not recommend him enough. - D. Betties
I highly recommend Mr. Gary Printy Jr. who is a dynamic and highly skilled attorney. Our case involved a large company in an employment matter. Mr. Printy was my steadfast, assertive advocate who diligently handled our case with the professionalism that I would expect and require of any attorney representing me in any of my cases. He was able to navigate my complicated case with a steady hand and stern demeanor. He cares about his clients, families, and the community. I wholeheartedly recommend Mr. Gary Printy Jr. - Cesar