Legal Question in Sexual Harassment in Florida

Re: Harrassment off the clock

I can't give you a definitive answer on whether off the clock behavior by a co-worker would be considered sexual harassment for which the company would be liable. There are many factors that would affect that answer, such as whether there was at work behavior too, whether company policy speaks to the subject,etc. What I can tell you, though, is that the decision on what to do must be made by someone other than the boyfriend's father, probably with company counsel involved; and if something happened to the woman, the company could possibly be liable for doing nothing although they had knowledge of a threat. Further, the boyfriend could cause harm to other employees if he is indeed violent, irrational, etc.

So, this should not be buried or ignored in my opinion. The first step is to bring it to a higher authority and have them apply company policy.

If you do take it above your manager's head, he will likely be upset. But he may not retaliate against you because you are involved in a discrimination complaint and are protected from retaliation by Title VII and state law. That doesn't mean it won't create problems for you, but at least you have recourse - if anything happens to you, you can file a complaint of retaliation with the EEOC. It is free to file and you do not need an attorney.

I hope that helps. Good luck.

Jeff Sheldon

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.