Sexual harassment has been around since employment began — an abuse of power that continued through centuries and remains present today. Retaliation barriers are imposed against those brave enough to come forward, and the problem is compounded when the harasser is a person of influence or a public figure.
The Civil Rights Act of 1964 made sexual harassment in the workplace illegal as a civil rights violation — though it wasn't until the 1970s that the phrase "sexual harassment" entered the legal lexicon and the first lawsuit was filed. The #MeToo movement that went viral in October 2017 unified victims globally and brought resignations from top executives across industries — from Hollywood to Silicon Valley. A nationwide survey found that 27% of women and 10% of men had been victims of workplace sexual harassment.
The law makes it unlawful to harass a person because of their sex — whether they are an employee, applicant, coworker, or customer. This includes frequent or severe comments that may not be explicitly sexual but are gender-offensive and create a hostile work environment. Sexual harassment can also quickly cross into sexual assault, resulting in criminal charges if there are allegations of physical intimidation, unwanted touching, or coercion.
Once you report sexual harassment — even internally to your supervisor or HR — you are protected by the federal anti-retaliation provisions of Title VII as well as Florida state law. However, you must still file a complaint with the Equal Employment Opportunity Commission (EEOC). A sexual harassment attorney can ensure that all required procedures are followed correctly and on time.
Sexual harassment lawsuits are filed in civil court against the individual harasser or the employer. A sexual harassment attorney will advise you on the best course of action, the monetary recovery you may be entitled to, and whether criminal charges should also be filed. In cases involving sexual assault, the state can bring a separate criminal lawsuit that may result in jail time for the abuser.
Sexual harassment is a serious offense. Everyone has the legal right to a workplace free from harassment and intimidation. Contact The Berman Law Group in Boca Raton to speak with an experienced attorney about your situation.
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