Legal Question in Sexual Harassment in Florida
employer doesn't recognize/won't address reported, on-going sexual harassment
when i come into work, someone has been on computer after my hours and leaves pornographic websites either on or minimized - repeatedly. uh, i dont wanna see that or touch my keyboard and i have told my co worker AND my boss. also boss makes remarks about his sweaty man parts, stuff like that. oh and a co worker plays sexually explicit music which is way too nasty to write here. just trust me please. (and i am in no way whatsoever a prude).
problems have been reported more than once. when i mention being offended by these things, i am told to grow up, what am i 12, and we are adults here.
almost none of these people think this is harassment at all. seriously! but i know that it is. i feel i am being further harassed by not taking care of the harassment. also i have a meeting tomorrow 4/19 and i am kinda sure i am gonna get fired now because of THEM making me force the sex harass issue. what if i get fired?
what should i do?
how can i get this company a sex harassment manual/seminar?
thank you VERY MUCH for your time and assistance.
1 Answer from Attorneys
Re: employer doesn't recognize/won't address reported, on-going sexual harassment
It sure sounds like harassment to me... Here's the trick, though. How can you prove that you complained to the boss? Have they ever given you an employee manual or some form of written material, memo, anything, saying that if you believe that you have been harrassed you should report it and to whom? If so, you must follow it. An important question is if your employer as 15 employees or more, as federal and state anti-discrimination laws do not apply to employers with fewer than 15 employees. I am not sure in which county you are located, but some counties have similar laws that cover employers with as few as 5 employees. I cannot imagine that they would fire you tomorrow because of your insistence on having them stop the harassment. If they do so, you could have a claim for retaliation, but the problem is that if you did not put your complaints in writing, you might not be able to prove that you complained! So it might be a good idea put your complaints in writing, including the fact that yo have already complained and they are ignoring you before you attend the meeting if you believe that they will try to fire you because of this. And if they do have a procedure stating whom to complain to in case of harassment, you should make sure to give the written complaint to the designated person. Good luck tomorrow. Feel free to contact me privately either here or by e-mail if you wish to explore this further. [email protected]
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