Can I File a Sexual Harassment Claim If My Employer Does Not Have a Sexual Harassment Policy?
If you recently experienced any type of sexual harassment in the workplace, you may be wondering if you are eligible to file a claim. In order to determine your rights, you may have turned to your employer’s employee handbook, or other employment policies that you were provided with at the time you started your job. Sexual harassment is unlawful under state law in Florida through the Florida Civil Rights Act (FCRA), as well as under Title VII of the Civil Rights Act of 1964. Employers must post notices and inform employees of their rights, including protections against sexual harassment.
However, unlike other states, Florida does not mandate that employers provide sexual harassment training for employees. Federal law does require covered employers to take necessary steps to prevent and address sexual harassment when it occurs, but does not require an employee handbook with a particular policy on harassment. In addition, these laws only cover employees who work for employers with 15 or more employees. If your employer does not have a sexual harassment policy in place, what do you need to know?
Your Employer Does Not Necessarily Need to Have a Sexual Harassment Policy for You to Be Protected Under State or Federal Law
Employers in Florida do not have to have an employee handbook with a specific policy outlining steps for reporting sexual harassment in order to be liable for sexual harassment. If you work for an employer with 15 or more employees, your employer is required to comply with the FCRA’s and Title VII’s prohibitions against both quid pro quo harassment and hostile work environment harassment. The first step is to seek advice from an attorney about whether to file a claim under state or federal law, and to gather the evidence you need to move forward.
In addition, if your employer has violated legal requirements to properly provide notice about sexual harassment protections, or to take steps to prevent or address sexual harassment, they may be liable additionally for these violations.
Seeking a Remedy When Your Florida Employer is Not Covered by State or Federal Laws Against Sexual Harassment
If you are not protected by state or federal law because your employer has fewer than 15 employees, you should first work with an attorney to ensure that your employer is not actually covered. It could be that your employer is attempting to avoid being covered by failing to list certain employees as employees, or failing to count certain workers. If this is the case, you could still be eligible to file a claim under the FCRA or Title VII.
If your employer is actually not required to comply with the FCRA or Title VII, they may still be liable under certain laws for sexual harassment or assault depending on the nature of the conduct. You should seek help as soon as possible from a sexual harassment lawyer in South Florida to determine any options that may be available to you.
Contact a Palm Beach Gardens Sexual Harassment Attorney for Assistance with Your Case Today
Sexual harassment occurs much too often in employment contexts and often goes unchecked. It is critical for job applicants or employees who experience this type of unlawful discrimination directly, as well as those who experience a hostile work environment because of it, to seek legal advice as soon as possible. An experienced Palm Beach Gardens sexual harassment lawyer at Sconzo Law Office is here to assist you with your sexual harassment claim. We know that it can be difficult to come forward with this type of claim, but we will be here to support your case at every step. Contact us today to learn more about how we help job applicants and employees with sexual harassment cases in South Florida.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html
eeoc.gov/sexual-harassment
