Employees have a right to a workplace free of sexual harassment, and sexual harassment is illegal under state and federal law. Unfortunately, sexual harassment occurs in many industries and can leave victims feeling helpless. Employees can take action to protect their rights, and employers have an obligation to prevent sexual harassment in the workplace. Employees and employers can get help from a Fort Lauderdale sexual harassment lawyer.
Sexual harassment is not acceptable in the workplace. When sexual harassment is happening, employers must take steps to end it and put in place actionable policies that prevent further harassment.
At the Law Offices of Gary A. Costales, P.A., we represent both employers and employees in sexual harassment cases. We can help employees protect their physical and mental well-being as well as their rights and help employers take necessary actions to safeguard their employees.
Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.
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Employers want to avoid sexual harassment litigation and to do so, they must protect their employee’s rights and prevent the existence of hostile workplaces. Employees can recover financial compensation for their damages when sexual harassment has led to negative employment action such as a demotion or wrongful termination.
Our firm’s attorney is a board-certified employment and labor law expert, and our team’s goal is to help employees and employers navigate these cases to find a solution that benefits everyone. We provide you with diligent legal support and ensure that we communicate your legal options to you and help you make important decisions for your future or your company.
Sexual harassment in the workplace includes any unwelcome sexual advances, behaviors of a sexual nature, or requests for sexual favors by anyone in the workplace. There are two types of sexual harassment cases:
This form of sexual harassment can only be done by an employer, manager, supervisor, or other employee with power over another employee’s job. An employee is a victim of quid pro quo sexual harassment when they are promised a positive employment action or threatened with a negative employment action in order to get them to comply with sexual favors.
A positive employment action could include a promotion, raise, improved job duties, or other benefits. A negative employment action could include a wrongful termination, demotion, or a failure to promote. When quid pro quo harassment negatively impacts an employee’s employment, they can take action against their employer.
A hostile work environment case for sexual harassment refers to a workplace with severe or pervasive acts of harassment based on someone’s sex or gender. This may include verbal or physical harassment of a sexual nature, which a reasonable person would find offensive.
Unlike quid pro quo harassment, this behavior can also be done by coworkers. When this harassment does not result in a negative employment action, employees should first take action within their company’s policies. If insufficient action or no action at all is taken to address the behavior, or you are retaliated against by your employer for reporting the behavior, then an employment attorney can help.
A sexual harassment case begins with a complaint filed with the Equal Employment Opportunity Commission, which may then provide you with the right to sue your employer. Depending on the type of sexual harassment and negative employment actions you faced, you could recover some of the following from a claim:
The cost of an employment sexual harassment lawyer relies on their experience and the specific type of legal support that you need. Most employment harassment cases are charged by an hourly rate, although flat fees may be used if the case is very straightforward.
A more experienced attorney is likely to charge a higher rate but may also be able to resolve the case more effectively. If your case requires more work and resources, you can expect it to cost more.
Employees who experience sexual harassment in the workplace have rights and options to prevent this behavior and maintain a safe workplace. If you are an employer facing claims of sexual harassment by supervisors in your company, you need to take action to investigate the claims, stop this behavior, and implement policies to prevent future issues. Ideally, you can avoid litigation by taking appropriate action.
At the Law Offices of Gary A. Costales, P.A., we help both employees and employers navigate claims of sexual harassment. Contact our firm today.
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