Miami Employment Lawyer Serving South Florida
Sexual harassment is a form of sex discrimination that violates Title VII
of the Civil Rights Act of 1964. Title VII applies to employers with 15
or more employees, including state, federal, and local governments, employment
agencies and labor organizations.
- Title VII protects employers against:
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal or physical conduct of a sexual nature
This includes acts that constitute sexual harassment when this conduct
explicitly or implicitly affects an individual's
employment, unreasonably interferes with an individual's work performance, or creates
an intimidating, hostile, or offensive work environment.
Common Occurrences of Sexual Harassment
Sexual harassment can occur in a variety of circumstances, including but
not limited to the following:
- The victim as well as the harasser may be a woman or a man
- The victim does not have to be of the opposite sex
- The harasser can be the victim's supervisor, an agent of the employer,
a supervisor in another area, a co-worker, or a non-employee
- The victim does not have to be the person harassed but could be anyone
affected by the offensive conduct
- Unlawful sexual harassment may occur without economic injury to or discharge
of the victim
- The harasser's conduct must be unwelcome
The victim should inform the harasser directly that the conduct is unwelcome
and must stop. The victim should use any employer complaint mechanism
or grievance system available.
How Am I Protected?
When investigating allegations of sexual harassment,
EEOC looks at the whole record: the circumstances, such as the nature of the
sexual advances, and the context in which the alleged incidents occurred.
A determination on the allegations is made from the facts on a case-by-case basis.
Prevention is the best tool to eliminate sexual harassment in the workplace.
Employers are encouraged to take steps necessary to prevent sexual harassment
from occurring. They should clearly communicate to employees that sexual
harassment will not be tolerated. They can do so by providing sexual harassment
training to their employees and by establishing an effective complaint
or grievance process and taking immediate and appropriate action when
an employee complains.
An employer cannot retaliate against an individual for opposing employment
practices that discriminate based on sexual harassment (filing a discrimination
charge, testifying, or participating in any way in a proceeding under
). (Participation means taking part in an employment discrimination proceeding.
Participation is protected activity even if the proceeding involved claims
that ultimately were found to be invalid).
If you have any questions about sexual harassment, call Remer & Georges-Pierre
PLLC for a
free consultation at 305.416.5000.
Contact us about your legal matter today!