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Sexual Harassment Charges in Orlando, FL
Sexual Harassment
Whether you work in an office environment or the service industry, your place of employment is meant to be a safe space. Unfortunately, that’s not always the case, and it’s all too easy to unwittingly make another person uncomfortable. Sexual harassment is barred by both state and federal regulations, and is generally taken very seriously by human resource departments.
What Is Sexual Harassment?
In today’s world, people tend to refer to any kind of unwanted attention of a sexual nature as sexual harassment. But legally speaking, the term strictly relates to behavior in the workplace. This includes sexual harassment by an employer, employment agency, or labor organization against an employee, as well as sexual harassment by an employee towards another employee or superior. Though the most common situations involve a man’s behavior towards a woman, it’s important to note that harassment can go both ways, as well as between individuals of the same sex.
Sexual harassment in the workplace is barred by both state and federal regulations. Any claims of sexual harassment are submitted through the federal government’s dedicated
Equal Employment Opportunity Commission (EEOC), an agency that enforces employment discrimination laws. Some states and localities have working-sharing agreements with the EEOC, in which case sexual harassment accusations must first go through the state or local fair employment agency.
For a behavior to be considered sexual harassment, it must be sexual in nature, be unwanted or unwelcomed, and not be an isolated act.
What Are Isolated Acts?
An isolated act is one singular event that has not occurred previously and is not repeated. This caveat leaves room for unintentional incidents where the perpetrator may have unwittingly done or said something inappropriate. It also leaves room for a perpetrator who knowingly acted explicitly to learn from their mistake and correct their behavior moving forward. Secondary infractions, of course, may lead to a formal investigation and even official charges, especially if the behavior continues long-term.
It’s important to note, however, that this caveat does not apply in more severe cases. An inappropriate comment, while still inappropriate, is not treated as harshly as something like indecent exposure or explicit physical contact. The more serious the behavior, the more likely it is that an isolated instance will still be treated as sexual harassment.
Types of Sexual Harassment
While there are many different behaviors and actions that can be considered sexual harassment in the workplace, the law classifies them all into two categories: quid pro quo and hostile environment.
Quid pro quo is Latin for “this for that,” and in sexual harassment cases, refers to employment circumstances that are conditional upon sexual favors or behaviors. These circumstances can be negative, such as threats of demotion or termination for rejecting advances or telling anyone about them. They can also be positive, such as promises of promotions, raises, or other workplace benefits for compliance with advances or in exchange for silence regarding the inappropriate behavior.
Hostile environment cases involve unwanted sexual behavior towards an employee that, as the name suggests, creates a hostile environment for that employee. However, these cases do not threaten workplace circumstances such as employment status, promotions, benefits, etc. Essentially, sexual harassment is classified as a hostile environment case when the targeted employee is not threatened with consequences or encouraged with possible positive outcomes.
What Are the Consequences of Sexual Harassment?
The consequences of sexual harassment in the workplace depend heavily on the nature of the harassment, as well as the frequency of the behavior and any past accusations. Fines, restraining orders, and employment repercussions up to and including termination and loss of professional license could all be on the table. If you’ve been accused of sexual harassment, it’s vital to get legal assistance as soon as possible.
How Can Hanlon Law Help?
Hanlon Law leverages nearly twenty years of experience handling sex crime cases, including sexual harassment. Our team of experienced professionals will work with you to explain the situation, the potential consequences, and what your options are. By examining the evidence, the credibility of the accuser (and/or witnesses), and taking a magnifying glass to the circumstances and context surrounding the incident, we’ll help you find the best possible defense.
Have you been accused of sexual harassment in the workplace?
Contact Hanlon Law today for a free consultation.
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