Dedicated Advocacy for Protecting Worker Rights in Florida
Everyone has the right to perform their job without fear of workplace harassment. This right is provided under state and federal law in Florida. Unfortunately, this right is very often violated. If you’re facing unwelcome or offensive conduct in the workplace, you may wonder whether you have any recourse. Many people avoid even contacting Human Resources for fear of losing their jobs. However, this isn’t something you should fear. A hostile work environment lawyer in Hollywood, FL may be able to help.
At The Law Offices of James Jean-Francois, P.A., our law firm handles claims related to wrongful and inappropriate employment practices. Even if your employer isn’t engaging in inappropriate behavior themselves, they can still be held liable for hostile workplaces they allow to persist. Whether you’re facing hostile behavior from a manager, co-worker, or even a customer — you may have a valid claim for wrongful employment practices. You don’t have to accept this type of behavior in the workplace.
Contact our law firm today for a free consultation.
How Does the Equal Employment Opportunity Commission Define Hostile Work Environments?
The Equal Employment Opportunity Commission (EEOC) is the federal agency that handles claims of workplace harassment and hostile work environment claims. Under federal law, there are a variety of actions that may constitute harassing behavior and create a hostile work environment.
This can range from discriminatory conduct to unlawful harassment of a sexual nature. These environments exist when:
- An employee faces harassment or unwelcome conduct based on race, religion, sex, or another protected class.
- Pervasive harassment exists that is long-lasting and continued — rather than infrequent isolated incidents.
- Conduct is so severe that it creates an environment that’s abusive, offensive, or intimidating.
If these elements exist in the workplace, you may be able to file a hostile work environment claim with the EEOC. These claims are typically successful when any reasonable person would view a workplace’s environment as hostile. This can occur when discrimination takes place, an employee’s job performance is affected, and an employer has not effectively handled the situation.
When conduct unreasonably interferes with your ability to do your job, it’s understandable that you may not know how to move forward. Fortunately, our hostile work environment attorney in Hollywood, FL may be able to help. Contact us today to schedule your free case evaluation. We’ll review your case and help you better understand your options for fighting back against harassing behavior.
What Constitutes a Hostile Work Environment?
There are many different situations that can create a hostile work environment. The EEOC and the Florida Civil Rights Act provide protections and define what constitutes a hostile environment under the law. Of course, understanding legal technical language can be difficult. This is why it’s better to simply recognize what types of behaviors can create such an environment.
The following are the most common causes of hostile work environments:
- Unwanted sexual advances
- Inappropriate physical conduct (e.g., touching, gestures)
- Physically threatening behaviors
- Sabotaging your work
- Harassment over stereotypical gender roles
- Name calling
- Displaying offensive objects (e.g., “sex toys”)
- Asking about a person’s sex life
- Offensive jokes
- Age discrimination
Keep in mind that none of these are enough on their own to support a claim that a hostile work environment exists. Other elements must be proven — including the fact that such behaviors are pervasive. Additionally, offensive behaviors often must also be based on a protected characteristic (e.g., national origin, marital status, genetic information, race, etc.). A hostile work environment may also lead to other types of legal action — ranging from a discrimination charge to wrongful termination claims.
To fully understand your rights, it’s important to work with hostile work environment lawyers in Hollywood, FL. Contact our law office today to learn how we can help.
How Can You File a Hostile Work Environment Claim?
Filing a hostile work environment claim in Florida can be a lengthy process. That’s because both state and federal laws have certain requirements that must be met before a claim will be successful. It’s important to remember that an employer has a duty to prohibit harassment and other inappropriate behaviors in the workplace. Of course, this means they must first be given a chance to handle the situation.
That’s why the following steps are important for filing a hostile work environment claim:
- Document conduct: Keep a detailed record of all harassing behavior and the individuals involved. Preserve emails, photos, and other tangible evidence along with a written log of actions that aren’t directly documented.
- Report behavior: Raise concerns with your employer regarding what’s going on. If you feel comfortable doing so, tell the offending party that you want their behavior to stop. If these steps do not work, report what’s going on to the Human Resources Department or other relevant company authorities.
- File a hostile work environment claim: If nothing is done about the hostile workplace, it’s important to file a claim with either the EEOC or the Florida Commission on Human Relations (FCHR). Our Hollywood, FL hostile work environment lawyer can do this and handle any necessary litigation.
Whether in state or federal court, our law firm is here to ensure that you’re properly compensated after facing harassing behavior from employers, co-workers, and even non-employee visitors and customers. We may be able to help you put an end to the hostile behaviors you’re facing, and if you so choose, we can fight to ensure you maintain continued employment. Of course, every case is different. Contact our law firm today to get a better understanding of your rights and legal options.
We’re here to assist.
Contact a Hostile Work Environment Lawyer in Hollywood, FL Today
There are many forms of offensive conduct in the workplace that can violate a worker’s legal rights. An employer is supposed to protect employees at all costs, and when they fail in this duty, it can result in a hostile environment that no reasonable person would feel safe in. Anything from workplace discrimination based on race to physical assaults based on sexual orientation can create a hostile work environment. If you are facing such actions or any other behaviors that make it difficult to perform your job, it’s time to seek legal support.
At The Law Offices of James Jean-Francois, P.A., we strive to hold employers accountable for allowing inappropriate and offensive workplace behavior. In a perfect world, workers would only need to report offensive conduct to put an end to it. Unfortunately, far too many employers choose to allow workplace discrimination and other wrongful acts to take place within their company. Fortunately, you don’t have to accept this reality. Contact us at (954) 516-1353 today to schedule your free case evaluation. Our hostile work environment lawyer in Hollywood, FL is here to help.