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Miami Sexual Harassment

Miami Sexual Harassment Lawyers

Protecting the Rights of Miami Employees

Sexual harassment at work is illegal. It can be devastating to be a victim of sexual harassment. Often, victims feel reluctant to come forward for fear of losing their jobs or even just the embarrassment among co-workers. Sexual harassment can have severe economic and emotional consequences. Many victims feel humiliated and despondent after being sexually harassed. If you were a victim of sexual harassment at your job, you should consult the Miami sexual harassment attorneys at Phillips & Associates, PLLC.

Sexual harassment doesn't just impact the individual but can create a toxic work environment, lowering morale and productivity across the workplace. Addressing such issues with a knowledgeable attorney can prevent further unlawful behavior and promote a respectful work culture. Understanding your rights and the legal avenues available is crucial in these situations.

What Is Sexual Harassment?

Sexual harassment is prohibited as a form of sex discrimination under Title VII of the Civil Rights Act and the Florida Civil Rights Act (FCRA). Sexual harassment can include unwelcome sexual advances, pranks, memes, inappropriate remarks, innuendos, touching, groping, and requests for sexual favors. It can be committed by supervisors, coworkers, customers, clients, and managers. It can also be quid pro quo harassment or hostile work environment harassment. Under federal law, a hostile work environment is one in which the conduct is so severe or pervasive that it changes the terms and conditions of employment. A trivial, one-off event is unlikely to count as actionable sexual harassment, but a single egregious event probably would.

It's important to document any incidents of harassment, noting dates, times, witnesses, and any communications related to the event. This documentation can be vital during legal proceedings and significantly support the claims. Victims should also consider speaking to their human resources department as part of their documentation process. Those impacted should seek guidance from a well-versed legal professional to ensure their rights are protected every step of the way. An attorney can also help in navigating the often complex process of filing claims and gathering necessary evidence.

The Florida Civil Rights Act, the state law, is interpreted using the case law interpreting federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC). This alignment between state and federal law ensures comprehensive protection for victims. It also allows individuals to pursue claims under multiple legal frameworks, potentially broadening the scope for remedies and resolutions available.

What Is Quid Pro Quo Harassment?

A supervisor or manager commits quid pro quo harassment when they condition continued employment, job benefits, or even getting a job on submitting to sexual advances or providing sexual favors. You are not required to establish that your supervisor explicitly conditioned benefits on your submission to sexual requests. Sexual harassment can occur based on implicit demands. A Miami sexual harassment attorney would need to show that a reasonable person in your position would have believed that a job-related benefit hinged on satisfying the sexual demand.

Claims Based on Miami-Dade County Ordinance

The Miami-Dade County Human Rights Ordinance prohibits sex discrimination, including sexual harassment, in the city of Miami. Sexual harassment can involve one extremely serious act or a pervasive pattern of acts. It generally interferes with the ability to do your job and can make workers less productive.

Miami-Dade's Ordinance provides an additional layer of protection and is tailored to address specific local concerns. Being aware of local legislation can empower victims to take appropriate actions promptly and effectively.

The harasser may be a man or a woman, and the victim does not need to be of the opposite sex. Sexual harassment does not only occur during work hours or within the workplace. It can happen at a conference, holiday party, or another job-related event. For example, if your supervisor repeatedly tries to embrace you at the holiday party and at social work events, and you report it to HR, but HR does nothing, a Miami sexual harassment lawyer can help you bring a claim.

The county ordinance is enforced by the Miami-Dade County Commission on Human Rights. You can file a claim of sexual harassment under the ordinance. If you are not satisfied with the Director’s recommended final order, you have 15 days to request a hearing before a panel of the Commission. Within 180 days of filing the claim, you can ask for a notice of right-to-sue, which would terminate the jurisdiction of the Board and its Director. You have 90 days following receipt of the notice to sue in court. The court can enter an injunction against sexual harassment. It also can award actual and punitive damages.

Filing a complaint under the ordinance follows a structured timeline and process. Victims must be proactive in adhering to these deadlines to preserve their rights and the ability to pursue legal action. 

Impact of Sexual Harassment in Miami Workplaces

Sexual harassment in Miami workplaces can lead to disruption not only for the victims but also for the company's culture. Victims may find it incredibly challenging to maintain their productivity levels, which can subsequently affect their career development and opportunities for advancement. This disruption often extends to their personal lives, where the emotional toll can lead to anxiety, depression, or other forms of psychological distress.

Moreover, the prevalence of sexual harassment in the workplace can damage a company's reputation, leading to higher turnover rates and difficulties in attracting new talent. Companies must acknowledge and address these issues to foster a positive work environment that emphasizes safety, accountability, and respect. Employers and employees alike should be aware of the impact of these behaviors to combat and prevent sexual harassment in the workplace.

The Role of Local Organizations in Addressing Sexual Harassment

Miami is home to various organizations dedicated to supporting victims of sexual harassment and creating safer, more equitable work environments. Entities such as the Miami-Dade Commission on Human Rights provide valuable resources, including educational programs and advocacy initiatives, to assist victims in navigating their rights and legal options. These organizations are essential for raising awareness and empowering employees with the tools and knowledge needed to address harassment in the workplace effectively.

Additionally, local advocacy groups often collaborate with businesses to implement training programs and workshops to educate employees about harassment and create policies that foster inclusivity and respect. Employers who actively engage with these resources take a significant step toward ensuring that their workplaces are free from discrimination and misconduct. 

Consult a Miami Sexual Harassment Attorney

Sexual harassment in a Miami workplace can be economically and emotionally harmful. It is important to hold employers accountable for the harm employees have suffered. Holding an employer accountable also can stop further sexual harassment from being perpetrated. If you were harmed by sexual harassment at your workplace, you should call the sexual harassment lawyers at the Miami office of Phillips & Associates, PLLC at (866) 229-9441 or complete our online form. We represent clients on a contingency fee basis, which means that we do not get attorneys’ fees unless we successfully secure a settlement or verdict on your behalf.

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Why Choose Phillips & Associates?

  • Financial Backing - No Fees Paid Unless We Win
  • One of the Largest Plaintiff Law Firms Representing Employees
  • We Win - Over $250 Million in Client Settlements & Verdicts
  • The go-to Law Firm for High Profile Discrimination and Harassment Cases
  • A Legal Team Driven to Leveling the Playing Field Against Your Employer
  • Recognized As The Best of the Best in Employment Law

Frequently Asked Questions

What Is Considered Sexual Harassment in the Workplace?

Sexual harassment in the workplace includes any unwelcome conduct of a sexual nature, such as inappropriate jokes, touching, or persistent advances, that creates a hostile work environment or involves a quid pro quo scenario. It can occur between supervisors and subordinates or among colleagues and can also extend beyond the workplace context.

How Should I Respond If I Experience Sexual Harassment at Work?

If you experience sexual harassment, it's crucial to document every incident in detail, report the behavior to your human resources department, and seek legal guidance. Consulting with a Miami sexual harassment attorney can help you understand your rights and the best course of action for your situation.

What Legal Protections Are Available Under Miami-Dade County Regulations?

Under Miami-Dade County regulations, employees are protected from sexual harassment under the Miami-Dade County Human Rights Ordinance, which prohibits sex discrimination. This ordinance allows victims to file a complaint and potentially pursue legal action should internal company processes fail to resolve the issue satisfactorily.

Can a Sexual Harassment Attorney Help If the Harassment Occurs Outside of Work Hours?

Yes, an attorney can assist with harassment incidents that occur outside regular work hours if the behavior impacts your work environment or is related to a workplace event. Legal advice is crucial in determining how best to handle these situations and seek justice for any infringement of your rights.

Is It Possible to Remain Anonymous When Reporting Sexual Harassment?

While some companies may offer avenues for anonymous reporting, confidentiality cannot always be guaranteed during investigations. It is vital to understand your company's policies on confidentiality and discuss these with an attorney if you have concerns about anonymity when reporting harassment. An attorney's role is to guide you through the process while maintaining as much discretion as possible, advocating for your rights at every stage.

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MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
  • $1.8 Million Race Discrimination

    Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.

  • $2.2 Million Race Discrimination & Retaliation

    Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.

  • $280 Thousand Race Discrimination

    Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.

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