An employee may be able to sue their employer for a hostile work environment in Florida in some situations. These types of hostile work environment lawsuits may be filed in Florida state court or federal court.
The federal agency that is responsible for enforcing the federal laws governing workplace discrimination based on protected characteristics is called the Equal Employment Opportunity Commission (EEOC). This agency investigates claims that are submitted to it by employees to determine if the legal requirements for a hostile work environment have been met.
These requirements are based upon several factors, including:
- The type of conduct
- The frequency of the harassment
- Discriminatory intent
- The harassment’s effect on the employee
- The employer’s response
The conduct of the complainant and their harasser will be reviewed by the EEOC in order to determine whether the harassment was physical, verbal, or both. The frequency of the harassment will also be examined by the EEOC to determine whether the harasser’s conduct was pervasive and long-lasting or if it was simply an isolated incident.
It is important for employees to be aware that isolated incidents will not usually meet the requirements for a hostile work environment unless that one incident is extremely serious. The individual submitting the claim will be required to show discriminatory intent was present to win their hostile work environment claim in federal court.
Discriminatory intent means that the harassing behavior must be discriminatory based upon protected characteristics or categories that are legally protected. The EEOC also reviews the response of the individual’s employer to the situation, such as if they took any steps to correct the harassing behavior.
When an employer is found to be aware of the harassment but did not take any steps to investigate or intervene, they will likely be held liable for hostile work environment. Employees should directly let their harasser know that their offensive conduct is not welcome and should stop immediately.
In addition, the harassment should be reported to management as soon as possible to attempt to prevent the escalation of the hostile work environment. This will also provide them with the ability to address the issue.
The effect of the harassment on the individual will be examined to determine whether or not it was severe enough or pervasive enough that a reasonable individual would consider the work environment to be abusive, intimidating, or hostile. Usually, this requires a showing that the harassment had a major effect on the employee’s ability to perform their job duties.
In addition, there may be state or local Florida laws or agencies that regulate workplace harassment and discrimination in addition to those protections provided by federal laws. An individual should seek advice from a local attorney in Florida to determine whether it is best to bring their claim in federal or state court.
What Is a Hostile Work Environment?
All workers should be able to do their work in a healthy work environment. However, numerous workers have to work in hostile work environments, which severely impacts their ability to do their jobs.
A hostile work environment arises when someone in a workplace harasses other individuals or workers to such an extent that it makes it impossible for the other individuals to perform their job duties. The type of harassment may include comments that are unwelcome and reasonably interfere with the individual’s work performance.
Hostile work environments arise when harassment is based on one or more of the following protected characteristics:
- National origin
- Age, when a worker is at least 40 years of age
- Disability
- Religion
- Race
- Color
- Sex, including pregnancy
- Genetic information
- Any other characteristic that is legally protected
Hostile work environments can also be created by different individuals, including:
- Repeat clients
- Contractors
- Visitors
- Coworkers
- Vendors
- Supervisors
- Managers
- Other individuals in the workplace who had contact with the complainant
An individual should be aware that an isolated incident or petty slight may not rise to the level of a hostile work environment. If, however, an individual is enduring offensive and unwelcome conduct that is affecting their employment, they may be able to sue their Florida employer for a hostile work environment.
A hostile work environment may arise in many different ways, for example, sexual harassment, which creates intimidation and fear, or a toxic work environment. It is important to consult with an attorney for more information on the ways that a hostile work environment may be created.
When Should I File My Claim for a Hostile Work Environment?
A worker should notify the person who is harassing them, management, and the Human Resources department about the offensive conduct. This is because there has to be documented evidence that the complainant’s issue was reported in order for their claim to be successful.
The harassment may continue after these steps are taken, and the worker may be placed in a hostile work environment. In these situations, the worker should consult with the local state agency in charge of harassment occurring in the workplace or with the EEOC. These types of agencies will be able to investigate the claim and determine if a lawsuit is necessary.
How Do I Prove a Hostile Work Environment?
There are several steps a worker should take to prove a hostile work environment, including:
- Notify the individual who is engaging in the harassment directly that their conduct is not welcome and should stop immediately
- Report any incidents of harassment to a supervisor or management
- This step provides management with the opportunity to address any issues and prevent them from getting worse
- Report any incidents of harassment to the Human Resources department
It is very important for workers to keep detailed records of their communications with supervisors or management regarding the hostile work environment. These communications may serve as important evidence in their case.
Because of the evidentiary value of the communications, it is best to notify management regarding the harassment in writing, for example, by email. If the worker informs management by phone, they should be aware that there are both federal and state wiretapping laws that may limit their ability to record the telephone conversation.
Federal laws generally provide that wiretapping is allowed as long as one party consents. Florida laws, however, provide that all parties who will be recorded must consent to the recording.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Under Florida employment laws, if a worker can prove there is a hostile work environment, they may be entitled to compensatory damages for their losses. These types of damages may include compensation for their lost wages, benefits, and back pay resulting from their inability to work.
In some cases, the hostile work environment will cause the worker to lose their job. When this occurs, compensatory damages can be awarded to try and put the employee into the same position that they would have been if they had not been forced to leave their job.
A case may be particularly serious or egregious. If so, the employer may have to pay punitive damages to the worker if the employer engaged in intentional conduct that created the hostile work environment.
Do I Need a Florida Lawyer for a Hostile Work Environment Lawsuit?
If you think you may be in a hostile work environment in the State of Florida, it is very important to reach out to a Florida harassment lawyer. Although you are not required to have a lawyer when you are filing a complaint with the EEOC or a state agency, your lawyer will help you properly file your claim with the right agency.
If the EEOC or Florida agency is not able to resolve your issue, your lawyer can help you collect the necessary evidence and will represent you in court. You might be an employer and have a worker who is alleging that there is a hostile work environment. In that case, your lawyer will help protect your business, avoid legal liability if possible, and resolve the issue.
