Legal Question in Sexual Harassment in Florida

Re: Sexual Harassment Issue

I would file a complaint with your local discrimination office since EEOC and Flordia Commission on Human Rights will not address with less than 15 employees, but I know, for instance, that Dade and Broward counties have their own ordinances and agencies that you can report to. What county are you in?

Scott Behren

Re: Sexual Harassment Issue

You are correct that state and federal discrimination laws only apply to employers with 15 or more employees. And Scott is right - check with your local county (you can call the county commission, for example) to see if there is a county ordinance against sexual harassment. Physical, non-consensual touching, especially repeated, is certainly harassment.

Regardless of the law, report it to the other owner if you have not done so, and tell him/her in no uncertain terms you want it stopped immediately.

Importantly, this is criminal assault and battery. You can report this to the police and file a complaint, or tell both the man and the other owner, or either one, that you will do so unless this stops immediately. If the man is married, you can also tell him you will report it to his wife as well.

Do not allow him to intimidate you. If he reacts angrily or in any other inappropriate way stand firm and tell him he simply needs to stop and that will be the end of it. Otherwise, you will take action.

Having said all that, if you are in any way concerned for your safety, be sure to have someone present (or close by and easy to contact by speed dial) to protect you if you speak to him, or just talk to the employer and have the other owner do it.

Regrettably, the other owner may not be cooperative and may take the harasser's side. In these situations, the employer often retaliates by finding some reason to fire the person who complains. You could then file a wrongful discharge suit but they are not easy to win, you would need an attorney, and would be out of a job. (If that happens, you can fiel for unemployment.) So, the harasser has put you in a tough position, to say the least. You have to decide if it is worth risking your job to stand up for yourself. I imagine it is, but it is easy for me to say.

Last, if you feel you need an attorney to help you handle this, please feel free to contact me. It is hard to say whether an attorney would help or make things worse. Sometimes employers will see the light when contacted by counsel, sometimes they become defensive and do stupid things.

Good luck.

Jeff Sheldon

The Sheldon Law Firm

[email protected]

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.