Legal Question in Sexual Harassment in Florida

Is this sexual harassment?

My daughter is 21 years old. She has worked for a local pub for the last 9 months. Last week while describing a managers position the owner was offering to her he leaned on her, tried to kiss her then asked her to give him oral sex. She was off the clock but in the pub. She refused him and left. She becamed nervous and upset that when she tried to work the next day she had to leave. She has resigned her position. The next day he fired her best friend and instructed the other employees not to speak to her. We need advice on what to do. This appears to me to be sexual harassment. The ovatures were unwanted and created a very scary environment for her. Do we report this to the state? If so what department? Any advice on steps for her to follow are very welecome. We are concerned that this will happen again. At this point my daughter is so upset over this all she does is cry.

Thank you

Deltona, Fla


Asked on 5/12/04, 7:01 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Is this sexual harassment?

First, I am very sorry this happened. Your daughter should seek counseling right away so she can deal with this. Most likely, she will be able to overcome the depression, anger, etc., that these situations cause, fairly quickly.

Second, your daughter certainly has a legitimate claim of sex discrimination (it is called "hostile environment" discrimination). In order to bring any action, she must file an administrative claim with either the EEOC (if the pub has at least 15 employees)or a state or county (where she worked) human rights commission. They will investigate. If they find discrimination, they will try to settle the case for her. In any case, your daughter can bring a lawsuit after the administrative stage ends.

There are problems with the claim, though, since it is her word against his. But if she is up for the fight, she should consider it. She may be able to recover money damages, and it may stop him from being such an ass in the future.

There are time limits, so she should act quickly if she wants to file a claim.

Please feel free to call me to discuss the matter and review the options. These matters are much more complicated than they seem. If your daughter feels the need to hire an attorney to help, I can usually handle such cases for a small retainer and then on a contingency basis. But, again, although it is better to be represented, she can file with the EEOC or other office by herself, for free.

Good luck to her.

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.

Read more
Answered on 5/12/04, 8:33 pm


Related Questions & Answers

More Sexual Harassment Law questions and answers in Florida