Miami Sexual Harassment Lawyer
When you are an employee in Florida, you have the right to a safe workplace that is free of sexual harassment. Sexual harassment can make a typical work day impossibly difficult and affect an employee’s career. Employees can take action to protect their rights, but it can often be hard to do alone. The right Miami sexual harassment lawyer can help employers and employees during the process of addressing sexual harassment in the workplace.
Employers must be responsible and proactive when addressing issues of harassment in the workplace. If an employer does not take reasonable and useful steps to address cases of sexual harassment, they can be held liable. Employees can file complaints for the right to sue their employers for unsafe workplaces. It is in the interests of both employers and employees that issues are addressed early. Working with an attorney can help either party protect their rights.
We Hold Employers Accountable For Hostile Workplaces
The Miami, Florida sexual harassment lawyers at the Law Offices of Gary A. Costales help victims seek compensation and justice if they have lost a job, lost income, suffered career setbacks, or experienced emotional distress due to sexual harassment leading to a hostile work environment. These are losses that must be addressed.
Call For A Free Telephone Consultation
Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.
The U.S. Equal Employment Opportunity Commission defines sexual harassment as unwanted sexual advances, requests for sexual favors, and other behavior or language of a sexual nature. Yet, for these behaviors to be considered sexual harassment, they must be so frequent or severe that it leads to a hostile work environment. A single incident, teasing, or an offhand comment might not be considered sexual harassment by the EEOC.
For this reason, victims and employers have a responsibility to document any instance of sexual harassment. Employers have a responsibility to take immediate action when sexual harassment is reported, and employees have a responsibility to report harassment to human resources immediately. The Miami, Florida sexual harassment lawyers at the Law Offices of Gary A. Costales are here to help. We can help employers handle issues where reports of sexual harassment were made and take steps to prevent the situation from escalating to litigation or a lawsuit. We can also help employees who have suffered sexual harassment and losses stemming from un-addressed reports of sexual harassment in the workplace.
In an age where people aim to be politically correct, sexual harassment claims can be disastrous to both an employee and employer’s reputation. Often people have questions about what level of conduct rises to the level of sexual harassment or how to prevent this type of behavior in the first place. This is why it’s crucial to seek out a lawyer who understands employment law from both the employee and employer perspective. Contact the sexual harassment lawyers in Miami, Florida at the Law Offices of Gary A. Costales today.
At the Law Offices of Gary A. Costales, P.A., located in Miami, Florida, we know how sensitive and controversial the subject of sexual harassment is for employees and employers. These claims and lawsuits can result in not only damaged reputations in the business community but compensatory damages, as well as pain and suffering awards that can be financially perilous.
Representing Employees Who Have Experienced Sexual Harassment Throughout Miami and South Florida
The Miami, Florida sexual harassment attorney Gary A. Costales can help you decide whether and how to raise concerns about sexual harassment to your employer. We can help you identify what types of conduct rise to the level of sexual harassment at work and how to preserve your claim. It is important to report any instances of sexual harassment immediately and to take action as soon as any unwanted sexual advances, comments, or behavior begins.
- Quid pro quo: Promised continued employment, benefit or advancement in exchange for sexual favors and penalties for refusing to comply with these types of requests. This type of harassment can only be committed by an employer, manager, supervisor, or other employee with a say in the other employee’s job standing.
- Hostile work environment: Unwanted sexual advances, comments, offensive language or behavior. This type of harassment can be completed by any employee, including coworkers. If the behaviors are severe or pervasive enough, it is considered hostile and harassment.
- We can also help evaluate if your employer properly investigated your claim and if they took immediate and appropriate remedial action once you notified them of the problem.
Damages You Can Receive in a Claim for Sexual Harassment
Victims of sexual harassment may be able to make a range of claims for losses stemming from sexual harassment in the workplace. What are some of the damages that can be sought in a sexual harassment claim? Here are some examples of sexual harassment claim damages:
- Back Pay. If you had to take a leave of absence, resign, or were fired from your job because of sexual harassment, you may be able to make a claim for back pay. This includes pay lost because of time you missed from work while you were looking for another similar paying job.
- Emotional Damages. You may also be able to make a claim for any emotional damages you suffered due to sexual harassment. If you experienced anxiety, more difficulty enjoying relationships with loved ones, difficulty sleeping, post-traumatic stress disorder, or other mental distress because of what happened, you may be able to seek damages to cover the cost of counseling, medical treatment, or medication.
- Reputational Damage. If you suffered damage to your reputation due to claims being made or because a harasser impacted your career negatively, you may have the right to seek damages for these losses.
- Attorney’s Fees. If you win your case, you may be able to recover your attorney’s fees.
These are just some of the ways that you may be able to make a claim if you suffered losses due to sexual harassment on the job. The sexual harassment lawyers in Miami, Florida at the Law Offices of Gary A. Costales are here to help you understand your rights, your options, your damages, and help you fight for justice. Contact our Miami, Florida sexual harassment law firm today.
We will fight on your behalf for damages that resulted from the sexual harassment and to assert your employee rights in a way where you will not be wrongfully terminated or suffer retaliatory action.
Helping Defend Florida Employers Facing Sexual Harassment Claims
Our firm also provides counsel regarding the development and implementation of sexual harassment policies and training. If your company or an employee has made sexual harassment allegations, we will assist you in investigating the claim. If there is validity to the allegations, we will advise you as to appropriate remedial actions to take in order to ensure a workplace free of sexual harassment. Our goal is to avoid having a claim filed. However, should an employee file a claim or lawsuit regarding sexual harassment, our firm will represent you through the entire administrative and judicial process. Contact our sexual harassment law firm in Miami, Florida today to learn more about your options and rights under the law.
FAQs
How much a workplace sexual harassment lawyer costs depends on several factors, including the type of legal support you are looking for. The representation an employee will need to file a complaint and a legal claim is different from the defense an employer will need to resolve a sexual harassment claim in the workplace.
The cost of an attorney also depends on their education, experience, and success in similar past cases. Always discuss fees with an attorney upfront.
How you can prove workplace sexual harassment in Florida relies on what type of sexual harassment you are dealing with.
- Quid pro quo. When a supervisor engages in this harassment, any act that meets the definition may be sufficient. Written documents, notes, and coworker testimony can help prove it occurred.
- A hostile work environment. This requires you to prove that the harassment was based on a protected characteristic, that the harassment was severe or pervasive, and that it would upset a reasonable person.
You may go to jail for sexually harassing a coworker in Florida if you committed a criminal offense, such as stalking, cyberstalking, assault, or indecent exposure. Sexual harassment itself is not always a criminal offense but could result in a civil action by the wronged party.
A coworker who is subject to sexual harassment can take action through company policy or through a complaint against an employer for failing to address the behavior. This can result in negative employment action for a harasser.
Sexual harassment in the workplace includes a hostile work environment and quid pro quo sexual harassment. Quid pro quo can only be committed by an individual with power over an employee’s job, while a hostile work environment can be committed by those and other coworkers. Some behaviors that are sexual harassment include:
- Verbal abuse or physical contact that is sexual in nature.
- Unwanted sexual advances.
- Disparaging comments about someone’s sex.
- Requests for sexual favors.
Ready To Review Your Case and Recommend a Course Of Action
To schedule a free, confidential phone consultation, call us at 786-446-7288, or contact a lawyer online. We represent employees on a contingency fee basis, which means we only collect an attorney’s fee if we help you obtain a financial recovery.
The sexual harassment lawyers in Miami, Florida at Law Offices of Gary A. Costales are here for you. We handle cases where employees have faced sexual harassment and cases where employers are facing sexual harassment claims from employees. We understand how to build a case from both perspectives, which allows us to understand possible defenses and challenges. With a sexual harassment claim, time is of the essence. Reach out to our sexual harassment lawyers in Miami, Florida today.