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Tampa Personal Injury Lawyers / Tampa Workplace Harassment Lawyer

Tampa Workplace Harassment Lawyer

Florin Gray is dedicated to protecting Florida’s workers from harassment in the workplace. If you believe that you are a victim of harassment in the workplace, please contact our Tampa workplace harassment lawyers for a free consultation.

To learn more about harassment in the workplace, you can visit the Equal Employment Opportunity Commission (EEOC)’s website. We have provided a few of our frequently asked questions about Harassment in the workplace to get you started. Federal law (Title VII of the Civil Rights Act, 42 U.S.C. §1981, Age Discrimination in Employment Act, Americans with Disabilities Act) and State law (Florida Civil Rights Act) prohibit employers from discriminating against employees on the basis of:

  • Race/Color
  • Gender/Sex
  • Age
  • Pregnancy
  • Disability and Handicap
  • National Origin
  • Religion
  • Genetic Information
  • Marital Status

Employment discrimination can take many forms. At Florin Gray, our Tampa workplace harassment attorneys understand that one common form is through harassment by supervisors and co-workers. Most people are familiar with sexual harassment, but employees in Florida are harassed because of their race, gender, age, pregnancy, marital status, disability, handicap, national origin, and religion. The most common form of harassment occurs when a supervisor or co-worker creates a hostile work environment for another employee.

Common forms of harassing and offensive conduct our office often sees are: slurs, distasteful jokes, threats, name calling, insults, unwelcome touching, offensive pictures or objects and a variety of other verbal and physical harassment that interferes with an employee’s work. If you or someone you know has been the victim of workplace harassment in Florida, contact our office today to learn what our Tampa workplace harassment attorneys can do for you.

An Employer Has the Responsibility to Put a Stop to Workplace Harassment in Tampa

For the most part, the individual harasser cannot be held legally responsible for his or her harassing conduct; only the employer can be held liable. Therefore, the employer must be put on notice of the supervisor’s or co-worker’s harassing behavior in order for the employer to have the opportunity to promptly and effectively stop the harassment.

Although hostile work environment harassment is most common, harassment is actionable when a supervisor’s harassment results in an adverse employment action toward the employee such as termination, demotion, loss of wages or failure to promote. In situations like these, the employer is automatically liable for the supervisor’s harassing behavior.

Being the victim of harassment at work is degrading, embarrassing and terrifying. Unfortunately, many harassers do not cease when an employee demands that the harassing behavior stop. Moreover, many employers simply fail to take prompt and corrective action to eradicate the harassment in the workplace. In these situations, many workers feel that they are left with little or no alternatives. Do you feel this way? Have you been a victim of harassment in the workplace? If so, we’re here to help.

Who is Protected from Workplace Harassment in Tampa?

There are federal and state employment laws that protect workers from harassment and discrimination in the workplace. These laws don’t only apply to employees of a company, but also to new job applicants and former employees. Under federal and state laws, an “employee” is someone who works temporarily, seasonally, part-time, or full-time. People involved in work programs are also employees, as are (in some cases) volunteers and undocumented immigrants.

Does Workplace Harassment Have to Be Sexual to File a Claim in Florida?

No. Harassment can mean any kind of behavior or action that makes the workplace feel hostile. While sexual harassment is a common type of harassment complaint, other forms can include race-related harassment, teasing about a disability, making age-related jokes, or name-calling about your national origin that interferes with work. Your boss or coworker does not need to physically touch you or engage in sexual harassment for you to have a claim against him or her.

Employer Responsibilities in Florida

According to federal and state laws, all employers have the responsibility to reasonably prevent harassment and discrimination in the workplace. The laws apply to all employers with at least 15 employees. Your responsibilities include not discriminating against applicants based on a protected class, providing reasonable accommodations for religious beliefs and disabilities, and not retaliating against employees for reporting harassment. Learn more about your responsibilities through the EEOC website.

For the most part, the individual harasser cannot be held legally responsible for his or her harassing conduct; only the employer can be held liable. Therefore, the employer must be put on notice of the supervisor’s or co-worker’s harassing behavior in order for the employer to have the opportunity to promptly and effectively stop the harassment.

Although hostile work environment harassment is most common, harassment is actionable when a supervisor’s harassment results in an adverse employment action toward the employee such as termination, demotion, loss of wages or failure to promote. In situations like these, the employer is automatically liable for the supervisor’s harassing behavior.

Being the victim of harassment at work is degrading, embarrassing and terrifying. Unfortunately, many harassers do not cease when an employee demands that the harassing behavior stop. Moreover, many employers simply fail to take prompt and corrective action to eradicate the harassment in the workplace. In these situations, many workers feel that they are left with little or no alternatives. Do you feel this way? Have you been a victim of harassment in the workplace? If so, we’re here to help.

What can Tampa Employers do about Preventing Workplace Harassment

Preventing harassment and discrimination is not only part of your legal job under federal and state law as an employer, but something you should do for the good of your employees. From the first day you hire a worker, inform him or her that you prohibit harassment. Tell the employee where to report harassment within the company, such as a human resources department. Let him or her know that the company will not punish employees for asking questions about harassment or reporting issues. Respond promptly to any reports within your workplace, and make sure all managers understand their duties to prevent and address harassment.

Implementing Anti-Harassment Policies

The steps employers can take early on can make a big difference in preventing this issue in the workplace. One of the most important aspects is to create an anti-harassment policy with a set complaint procedure. This encourages employees to take action when they see or experience something against the rules. Employers should tell employees to report issues before they become severe. There should be more than one individual available to hear complaints, and all complaints should be confidential. Most importantly, employers should address all harassment complaints, either written or verbal.

Can I file a harassment claim against someone other than a supervisor?

Yes. Anyone can be a harasser. It does not have to be a supervisor or higher-up to qualify as harassment or discrimination. A coworker or client could also be the focal point of your harassment case. Your harasser also does not have to be of the opposite sex. Male-male and female-female harassment is just as much against the law as male-female harassment. If you have been harassed at work, consider contacting one of our experienced workplace harassment attorneys.

What Should I do about Offensive Comments at Work?

First, report your experience to the proper authority in your workplace. This might be your supervisor, your HR department, or someone else. Report what happened and who was involved. If your supervisor does not take action to remedy the situation, and you’re still experiencing harassment or you desire compensation for your losses, take your case to a workplace harassment attorney. The team at Florin Gray can help you work through your case. Contact our office today to schedule a free initial consultation.