ISSUE: Sexual Harassment Is Unlawful
Sexual harassment in the workplace is a violation of Palm Beach County's Equal Employment Ordinance (Ordinance No. 95-31), The Florida Civil Rights Act of 1992, and Title VII of the Civil Rights Act of 1964, as amended.
What is Sexual Harassment?
Sexual harassment can take various forms and may involve various participants. Generally, sexual harassment is the imposition of an unwanted condition on a person's employment because of that person's sex. You may have been sexually harassed if you have been subjected to one or more of the following types of behavior:
• Unwelcome sexual advances and you are forced to choose between suffering an employment detriment and submitting to sexual demands.
• Hostile conduct has been directed towards you because of your sex.
$ The workplace is a sexually intimidating, hostile, or offensive environment. Even if you are not the target of sexually offensive conduct, did the conduct unreasonably interfere with your work performance?
$ Unwelcome sexual advances are made by a non-employee in the course of conduct of ordinary business.
Who are the Players?
• Supervisors
$ Co-Workers
$ Non-employees (vendors, customers, service persons, etc.)
$ Males or Females ("members of the same sex, or the opposite "sex")
What should Employers do?
1. Develop a policy against sexual harassment. Distribute and post the policy so that all employees are aware of its existence.
2. Develop a grievance procedure where employees can file confidential complaints without first having to consult with an immediate supervisor or co-worker who may be the subject of the complaint.
1. Immediately investigate all allegations of sexual harassment. Take immediate corrective action where sexual harassment is determined to have occurred.
What should Employees do?
1. Clearly communicate that you find the conduct offensive and unwelcome.
2. Record the date, time, place and other relevant information regarding each incident of sexual harassment.
3. Retain copies of all pertinent documentation that may be used as evidence of sexual harassment.
4. Note the names and telephone numbers of any persons who may have personal knowledge of the incident and may be a potential witness.
Relief and Penalties for Harassment
Victims of sexual harassment may be entitled to lost wages, back pay, reinstatement, compensatory damages, punitive damages, and other forms of compensation and relief.
Persons found to have participated in sexually harassing conduct may be discharged, demoted or otherwise disciplined by the employer. In some instances, individuals may be held personally responsible and required to pay financial compensation to the victim of the sexual harassment.
For information, assistance, or to
file a complaint, contact:
Palm Beach CountyOffice of Equal Opportunity
215 North Olive Avenue, Suite 130
West Palm Beach, Florida 33401
Phone: (561) 355-4883
Fax: (561) 355-4932
http://www.pbcgov.com/equalopportunity/
Equal Employment Opportunity Commission
One Biscayne Tower
2 South Biscayne Blvd, Suite 2700
Miami, FL 33131
Phone: (305) 536-4491
Fax: (305) 536-4011
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301-4857
Phone: (850) 488-7082
Fax: (850) 488-5291
This article is contributed by Frederick Ford, Attorney and NPBC Now member