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What Are the Consequences for Workplace Sexual Harassment?
In recent years, courts and the world at large have begun taking sexual harassment in the workplace more seriously. This includes numerous lawsuits and legal actions taken against employers whom employees did not feel took their concerns seriously. As recently as late 2024, the Equal Employment Opportunity Commission was aggressively pursuing claims of unaddressed workplace sexual harassment. While an employer is not necessarily at fault for harassment that occurred in their workplace, they may be held liable for failure to address claims properly should an employee come forward.
Failure to properly act on claims of workplace sexual harassment can potentially cost employers large sums of money in legal fees, fines, and court settlements. In some instances, negative publicity combined with the cost of a trial could potentially mean the end of a business. This is why, if you or a loved one are a business owner whose employees have reported sexual harassment in the workplace, it’s imperative you contact an experienced workplace sexual harassment attorney.
What is Sexual Harassment in Florida?
Sexual harassment covers a broad range of unwanted behaviors, words, and actions of a sexual nature that create a hostile work environment. A hostile work environment is a workplace in which an individual feels unsafe and unable to perform their job properly. Depending on the circumstances, sexual harassment may even violate Florida law.
Sexual harassment includes but is not necessarily limited to:
- Unwelcome and Unwanted Remarks Regarding Physical Appearance
- Repeated, Unwanted Sexual or Romantic Advances
- Jokes or Comments of a Sexual Nature
- Offers for Promotion or Advancement in Exchange for Sexual Conduct
- Intimidation Based on Sex
- Indecent Exposure
- Unwanted Discussion or Description of Sexual Activity
- Displaying or Sharing Lewd Material
It is important to note that anyone can be the target of sexual harassment, just as anyone can engage in sexual harassment. Although many people believe that sexual harassment only occurs within a specific gender dynamic, women can sexually harass men, and sexual harassment can occur between members of the same gender regardless of sexual orientation. This is also true within a company’s hierarchy. Although many individuals are the target of sexual harassment from supervisors, subordinates can also sexually harass their supervisors.
Another critical factor to note in sexual harassment cases is that the person committing the harassment does not necessarily need to be attracted to their target. It is a common belief that sexual harassment in the workplace is primarily motivated by desire. This is not necessarily true. Sexual harassment can be used in an attempt to intimidate, control, or coerce employees.
What Should I Do if I Receive Reports of Sexual Harassment?
It is vital to take any claims of sexual harassment in your workplace seriously. Failure to quickly and efficiently address sexual harassment claims can potentially have legal repercussions at a later date. Acknowledging a claim of sexual harassment is not the same as validating it. Taking a report seriously does not mean automatically siding with the reporting employee. Rather, recognizing that a claim of sexual harassment has been made and then thoroughly investigating it protects all parties involved, including your company. An experienced corporate and sexual harassment attorney can help you through the investigation process and help safeguard you, your company, and your employees.
If an employee reports sexual harassment, it’s vital you begin recording all information provided to you and begin keeping proper documentation. A paper trail is essential for establishing a timeline of reporting. A timeline ensures you can demonstrate at a later date that you took claims seriously and began a thorough investigation right away.
An internal investigation is another key step after receiving claims of sexual harassment. Depending on your company and the specific circumstances, hiring an outside investigator may be necessary. A neutral third party can help you avoid claims of bias or favoritism in the workplace. Many law firms work with independent private investigators (PIs) who can conduct such an investigation.
Confidentiality is also key. Any sexual harassment claims should be kept between you, the reporting party, and any individuals it may be necessary to interview. Violating confidentiality may compromise the investigation’s integrity and open you up to liability. An attorney can help you make proper determinations regarding confidentiality.
What Should I Do After a Sexual Harassment Investigation?
Depending on the outcome of a sexual harassment investigation, there may be multiple appropriate courses of action. The most vital step to take is to create a work environment in which future sexual harassment claims are unlikely. This can include, but is not necessarily limited to, regular anti-harassment training, corrective action against any appropriate parties, including termination, and implementing policy changes. An attorney can help you determine what would be the best and most appropriate action.
In some instances, parties making a sexual harassment claim may not be satisfied with the outcome of an investigation. They may escalate their claims to a lawsuit and take legal action against you or your company. If this occurs, an attorney can help you navigate the following steps and also help ensure you can demonstrate in court you took all appropriate actions.
How Can I Protect My Company Against Claims of Sexual Harassment?
Sexual harassment can happen to anyone in any company. The most important thing to do in response to claims of sexual harassment is to take them seriously. This is true even if a later investigation finds the claims are unfounded. An employer’s response to sexual harassment claims can potentially have far-reaching repercussions for their business and professional future. This is why if you or a loved one has received claims of sexual harassment in the workplace, you must contact Brick Business Law, P.A.
Brick Business Law was built on a dedication to honesty, transparency, and fairness. Our compassionate yet no-nonsense attorneys are experienced in investigating workplace sexual harassment. We can review your case and help you determine the most appropriate next steps to protect your company, your employees, and yourself. Failure to act speedily or appropriately can have dire consequences. Don’t take chances when it comes to workplace sexual harassment claims. Call Brick Business Law, P.A. today at 813-669-0122 to schedule your free consultation with a member of our legal team.
