Florida law doesn’t require all employers to have formal sexual harassment policies, though many companies create them to protect their employees. Effective policies usually explain what behaviors aren’t allowed, how to report problems privately and rules against punishing those who report. Larger companies and those with government ties typically have these rules in place.
Unfortunately, smaller workplaces, especially restaurants and retail stores, often don’t have HR departments or clear harassment procedures. However, federal laws like Title VII still protect you even if your place of work has no policy.
If you’ve encountered sexual harassment and tried reporting the incident to a supervisor or manager (if they aren’t the harasser) to no avail, here are your legal options to address your situation.
Administrative complaint
Filing a complaint with a government agency is often the first legal step when your job lacks harassment policies. This process falls under the protection of federal laws like Title VII that was mentioned earlier. Here’s how to proceed:
- Contact an agency: Reach out to the Equal Employment Opportunity Commission (EEOC) or Florida Commission on Human Relations (FCHR) within 300 days of the harassment
- Initial interview: Discuss your situation with an investigator who will determine if your case meets legal requirements
- Formal charge: Complete and sign an official complaint describing the harassment and how it violates the law
- Investigation period: The agency will notify your employer and begin looking into your allegations
- Resolution options: Depending on findings, the agency may attempt mediation, settlement or issue a “right to sue” letter
The administrative complaint process is free and doesn’t require an attorney. But other individuals enlist the help of a sexual harassment attorney for guidance in the process.
Civil lawsuit
If the administrative process doesn’t resolve your situation, you may pursue a lawsuit in court. This typically happens after receiving a “right to sue” letter from the EEOC or FCHR. A lawsuit allows you to seek various remedies including compensation for lost wages, emotional distress and potentially monetary penalties against your employer (called punitive damages).
As with starting any lawsuit, you’ll need to file a formal complaint with the appropriate court that outlines your claims against your employer. This begins the litigation process, which typically involves discovery (gathering evidence), possible settlement negotiations and potentially a trial if your case doesn’t settle.
Court cases involve complex procedures and strict deadlines, so this stage may be too complex for you to go through alone. Consider consulting with a legal professional who handles sexual harassment cases. They can evaluate your specific situation and possibly represent your interests in court.
