Legal Question in Discrimination Law in Florida

Re: Harrasment in the workplace

Harassment can be proved by any type of evidence: allegations by the victim, witness accounts, something put in writing by the harasser, videotape such as from a security camera, audio recordings such as from voice mail or an answering machine (it is not legal to audiotape someone without their knowledge and permission, but if they leave a harassing message on voicemail, that can be used as evidence), admissions by the harasser, etc.

The first step in stopping harassment is usually to tell the harasser directly, firmly and calmly (do not yell or get into a fight), that you consider the behavior to be inappropriate and want it to stop.

The second step is to report it to an authority at work (HR, or a trusted senior executive) and request that the behavior be investigated and stopped. (If you report it, they will likely investigate even if you do not want them to. They should keep it as confidential as possible, but they will have to talk to several people including the alleged harasser and potential witnesses.)

I am assuming that we are not talking about a situation which threatens your safety. If so, it should be reported at least to the company if not to the police. Certainly, if you fear for your safety, find a way to be removed from the potential threat and go to the police if you feel the need.

If the company does not take appropriate action (investigation and then steps to address the problem if they believe one exists), you can file a complaint with the EEOC if the harassment is sex, age, race, religion or national origin- related. There are time limits, so do not wait too long.

As you can see, these matters are complicated. Feel free to call for a complimentary consultation if you would like to discuss your options.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.