Legal Question in Sexual Harassment in Florida

Re: Unsolicited & inappropriate sexual comments/e-mail by supervisor

There are two different issues here. First is the clothing. Your employer has a right to ask you to wear appropriate work clothes. If your shorts are too short, tight, suggestive, etc., it is reasonable and legal for the employer to tell you to wear different clothes.

On the other hand, if they are doing so simply in retaliation for your complaints, that is illegal. They should follow their clothes policy consistently for all employees.

In any case, I advise that you follow your supervisor's rules so you do not give the employer reason to discipline or discharge you.

Second is the harassment issue. From what you describe, you probably do not have the type of pervasive, harassing environment that would justify a legal claim. Of course, there may be more facts and details than you stated.

Regardless, you should follow the company policy (read it thoroughly) and make a complaint to the appropriate personnel. Usually, the policy will say you can complain to HR, a supervisor or another upper management person. That gives you the choice of going to someone whom you feel is trustworthy.

In your complaint, just state the facts as you know them. Explain that you feel the environment is indeed hostile and affects your work and possibly the work of others. Explain that you feel the offending parties need to be counseled on how to adjust their behavior and act appropriately.

Understand, though, that the supervisor will likely know you made the complaint. For the employer to investigate, they will have to disclose the facts to her so she can respond. Although she may not retaliate aganst you (if she does, file another complaint with the company and probably also a legal complaint with the EEOC), things may be uncomfortable.

Also be aware that employees who make complaints often wind up disciplined or discharged on trumped up charges. It is an unfortunate fact of life. Thus, if you start this "fight," be prepared for the worst.

In any case, you can also file a complaint, for free, with the EEOC or the county human rights office where you work, or the state human rights commission. You can do so after you file the complaint at work (you must follow the work policy and file the complaint there first), and if you are retaliated against, disciplined or discharged unjustly.

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.