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There are essentially two
types of sexual harassment. These two types of sexual
harassment are commonly referred to as "quid pro quo" sexual
harassment, and "hostile work environment" sexual harassment.
All types of sexual harassment must be unwanted or unwelcome.
Voluntary participation on the part of the victim, the person
being harassed, is a complete defense to a claim or charge of
sexual harassment. This "consent" must however be completely
voluntary and free of all coercion, threats or intimidation. To
bring a claim for sexual harassment of either type, it is not
necessary to have been fired from your job. Many cases of
sexual harassment are brought while the victim and the harasser
remain employed by the same company.
"QUID
PRO QUO"
Sexual harassment exists when
sexual considerations are demanded in exchange for job
benefits. For example, if a co-worker, supervisor, manager,
director or officer of the company you work for states that your
job could be easier if you agree to engage in a sexual
relationship, or if as a condition to hiring or continued
employment, a sexual relationship is required. To bring a claim
for this type of sexual harassment there need only be one
incident.
"HOSTILE
WORK ENVIRONMENT"
Sexual harassment exists when
the harassing conduct unreasonably interferes with your job
performance, or creates an intimidating, hostile, or offensive
work atmosphere, whether or not the harassment is linked to
economic job consequences. For example, if a co-worker,
supervisor, manager, director or officer of the company you work
for repeatedly asks you out on a date, makes sexual references
about you or other individuals, repeatedly touches you in an
inappropriate manner or makes suggestions of a sexual nature,
you may have a claim for hostile work environment sexual
harassment.
REPORTING
REQUIREMENTS:
The most recent law on the
issue of reporting sexual harassment states that if there is a
policy of the company that is known to you regarding what action
should be taken by an employee who feels they are the victim of
sexual harassment, then that employee is required to report the
offending conduct to the supervisor of the harasser, or to that
employee's own supervisor.
Regardless of whether a policy
exists or not, it is the best course of action to report the
offending behavior to your supervisor, or the supervisor of the
harasser. This prevents the employer from later taking the
position that you have no claim because you didn't report the
offending conduct. The report should be made verbally at once,
and followed by a written report. The written report should be
sent, certified mail/return-return receipt requested, to the
supervisor to whom you are making the complaint, as well as the
human resources department of the company.
The reason for the report is
simple. The company in many situations will not be held
responsible for offending conduct unless the company knew or
should have known about the conduct. The written report, and
proof that the company received the report, will prevent the
company from defending the claim by stating that it had no
knowledge of the offending conduct. Of course, if the harasser
is the owner of the company, or a high level manager or
director, then the report may be over kill, but it is better to
be safe than sorry.
THINGS TO
DO:
There are certain things that
you should be doing if you believe you are being sexually
harassed. By following these simple guidelines, your case will
be easier to handle from a legal standpoint.
Keep a diary of all events
that occur. This diary should not be kept at work. Each night
when you return home, write down everything that happened that
day. Especially if you are dealing with hostile work
environment sexual harassment, one or two incidences will not be
enough. You will have to prove a pervasive atmosphere. The
only way to do that is to be able to discuss each and every
incident that occurred. This diary will be invaluable
throughout the course of bringing your claim as you will be able
to refer to it to refresh your memory. Moreover, it will be a
contemporaneous record of the events that happened.
If you believe that you are
being effected emotionally or mentally by the harassment, you
should consult a psychologist or psychiatrist. In consulting a
health care provider you will be obtaining assistance in coping
with the harassment, and you will also be adding to the
documentation of the damages you suffered prior to bringing such
a claim. Don't wait for your lawyer to tell you to seek help.
Finally, the single most
important thing you can do during the time leading up to
bringing a claim is to be the best employee you can be. Don't
give your employer any reason that it can hang its hat to
terminate you. REMEMBER: The employer need only articulate a
legitimate business reason for its conduct against you. If you
come to work late, perform your job below the level required or
otherwise become a less attractive employee, you will be giving
your employer ammunition to use against you.
PROCEDURES TO PERFECT YOUR CLAIM
In order to bring a case of
sexual harassment against your employer, you must first file a
charge of discrimination with the appropriate administrative
agency at the state and/or federal level.
The best way to approach a
sexual harassment case in Florida is to file a charge of
discrimination with
both the Equal
Employment Opportunity Commission (EEOC) and the Florida
Commission on Human Relations (FCHR), the state agency in
Florida.
You can file a discrimination
charge by either contacting the local EEOC office, or its
equivalent. In Jacksonville, Florida, you should contact the
Jacksonville Equal Opportunity Commission (JEOC) at (904)
630-4911. The FCHR can be contacted in Tallahassee, FL at (850)
488-7082, or by contacting an employment discrimination
attorney.
Outside the state of Florida:
For those who live in other states, there will probably be a
state agency in each your state, and it is suggested that you
investigate whether it is more advantageous to file both a
state and federal charge of discrimination in your home state.
More Information about your
case:
Click
5
18
HERE for a form to complete, and your case will be evaluated
and you will receive a response to your inquiry.
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