Legal Question in Sexual Harassment in Florida

Re: Should I be sitting 25 feet from the perp?

There are two distinct things at issue here - the legal problem, and the health problem.

First, it sounds like you can benefit from counseling. If the situation is stressing you out, it would help to speak with a professional counselor. He or she can give you a strategy for dealing with the problem. I highly recommend doing this, before it gets any worse.

Of course, if you feel you can not remain working close to the harasser, then you need to discuss your options with your employer. That brings me to the legal end of things.

First, you should avoid him to the extent possible (don't go into the copy room if he is there - a little inclnvenience is better than more stress). If he does anything untoward at all, report it immediately to your contact at HR.

In any case, I do not think you are being punished. The company acted appropriately in taking you out of harm's way pending their investigation, although you could argue that you should not suffer any consequences at all (such as changed duties - but there may not have been any choice). In the end, if they determine that your complaint is legitimate, you can request that you be given your original duties back if that is what you want.

It is a difficult problem for a company because they must investigate first, do not want to wrongly accuse the alleged harasser before they have the facts, but also have to protect you in the meantime.

In any case, you certainly should not suffer any loss of income, promotion potential, or any other lost benefit. Thus, the essential terms and compensation of the position you have now should be equivalent to the one you used to have.

As for potential legal action, you can file a claim with the EEOC if you want to pursue legal action, or with the Florida Commission on Human Relations. (You must file such an administrative claim in order to pursue a legal claim at all, such as eventually going to court.) Or, you can wait to see what the employer does. But don't wait too long because there are time limits on legal action. (300 days from the date of harm if you want to file both federally and in state, and also 365 days to file in Florida alone. For technical procedural reasons, it is best to file within 240 days.)

If you want to review the matter and determine how best to proceed, please call for a free consultation. You may not need a lawyer right now, but it may help to talk through the problem.

Good luck.

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.

Re: Should I be sitting 25 feet from the perp?

Do you have any witnesses to the physical contact? If so, ask them to write statements for you now before the company interviews them. Also, check your policy and procedures manual for its sexual harassment policy and be sure to follow the reporting requirements to the letter. Keep an daily journal which details any further contact by the perpetrator. Is your change of duties detrimental? Are you making less money or are you now doing work which could be considered a demotion? If so, this may be a form of retaliation for complaining of sexual harassment. You probably should vist a psychologist as soon as possible to document and treat your emotional stress. As long as this guy is only 25 feet from you things will not get any better. Your psychologist may even recommend you go out on Family and Medical Leave if you situation is severe. You may want to consider investigating the possibility of getting a restraining order against the perpetrator if you really are in fear of him touching you again. Also, for his unwanted touching of you, you have the right to file a battery suit against him individually without going through EEOC or FCHR.

Feel free to call for a consult