Legal Question in Employment Law in Florida

There is a co-worker of mine who makes racial comments on a regular basis as well as ones about homosexuals.. he is very offensive and I have asked my boss last week to please speak with him. my boss heard him last Friday. I have kindly asked the guy not to make comments like that as he is probably offending someone and my response was I don't care followed by cussing. I again asked my boss to address the issue since he witnessed it I was told that he would Monday. Today (Tue) I pulled him in the office again asked him to speak with him since it wasn't done as of yet and to please move me from sitting next to him. At 1st he said he would move me but then said that he was unable to due to lack of seating in my department, and if I could find someone to swap with me I could, No one in my department will b/c they know what he has been saying and don't want to be by him either. I want to protect myself and I feel that this is just not going to be resolved and that he will not speak with the person that is doing this. I know I have the right to work w/o being offended each day, but I am wondering how I would go about handling this so that I am not stepping on my own toes and being punished for not letting this go. At what point can I seek legal aid?

Asked on 1/12/10, 7:30 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

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This is the definition of a hostile work environment. Your first recourse is to quit - you would still be eligible for unemployment compensation. Your second recourse would be to sue. You have to file a complaint with the EEOC prior to filing in court. I'm sorry, but you will be stepping on your own toes any way you proceed legally. But, you should not just shut up and take it either. I think you should proceed legally, but you need to make that decision for yourself.

Kind regards.

Answered on 1/18/10, 9:13 am

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