Legal Question in Employment Law in Florida

Re: Sexual Harrassment or Hostile Workplace?

I'm sorry to hear of your problem. It is a difficult one to deal with because, even if your company does a proper investigation, you will wind up with a "he said, she said" because the boss will deny it, unless there are witnesses who come forward. Usually they don't for fear of losing their own jobs. But if you want to go forward, here is what you have to do and also what you can do.

First, it is required that you report the incidents to an authority in the company other than the boss. Do not make accusations or threats. Just report the facts as specifically as you can. For example, "on x date, my boss said this and this. On y date, he did this, etc. On x date, I asked him to stop. He did not and on z date he did the following. This has created an intimidating environment which has affected my work as shown by my lower sales volume. The following witnesses heard/saw him do x, y, z . . . , etc."

Once you state the facts, the company is obligated to investigate. It will not be confidential as they will have to talk to the boss and possible witnesses.

If you do go forward, be prepared for the worst. Some people will blame you for causing trouble, getting the boss in trouble, etc., and you may wind up being fired as many companies react badly to such complaints (especially since sales are down - that would be the excuse). If you are fired or suffer other retribution, you can sue for retaliation (as well as the intial sexual harassment).

In any case, after the company investigates, you can then sue if the problem is not corrected. You first must file with the EEOC or the state human rights commission. It is free to file and you do not need an attorney. After the EEOC process, you can file a lawsuit in federal court. At that point, it is highly advised to have an attorney.

Before asking the company to investigate, you might talk to potential witnesses and see if they will support you. If so, you can ask them to put in writing what they have seen/know so you lock in their stories and then can't backpedal.

Importantly, be aware that it is very difficult to win these suits. The harassment must be severe adn pervasive adn truly affect your work environment. It is a high standard to meet. Even though the problem seems serious to you (and obviously is), that does not make it illegal.

On the positive side, you may have one of the companies that takes these things seriously and

will put a stop to it.

As you can see, this is a problematic and difficult issue. Tread lightly, be diplomatic and reasonable, and stay on the high road.

If you find you need an attorney, feel free to send an email to me directly.

Good luck.

Jeff Sheldon

[email protected]

The Sheldon Law Firm

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.