Florida – October 29, 2021

Quid Pro Quo means “something for something,” and workplace managers, or other individuals who are in a position of power in Miami may breach their ethical obligation and workplace etiquette when they solicit, or hint at sexual favors from their employees with a promise for something work related in return, such as a promotion.  Alternately, this type of solicitation may occur when an employee is under threat of being fired, or has done something wrong at work, where a manager will save them from negative consequence if they agree to requests for sexual favors.  A Florida sexual harassment law attorney can assist employees who have experienced abuse of power actions that breach physical comfort boundaries and could be construed as part of the widespread problem of workplace sexual harassment and discrimination from employers against women, including discriminatory hiring and firing practices based on requests for sexual acts.

Legal action.

A Miami attorney can initiate legal action for victims of workplace sexual harassment, based on protections outlined in Title VII of the Civil Rights Act of 1964.  Harassment is illegal when it is so frequent, or severe that it creates a hostile, or offensive work environment and results in an adverse employment decision, such as a victim being fired, transferred, or demoted.  The harasser can be a business owner, manager, supervisor, a co-worker, or someone who is not an employee of the employer, such as a client, or customer.

In order to claim sexual harassment under Quid Pro Quo, the victim must prove:

  1. They were an employee of, or applied for a job with the accused,
  2. The alleged harasser, positioned as an officer or employee of the business where victim worked, made unwanted sexual advance to them, or engaged in other unwanted verbal, or physical conduct of a sexual nature,
  3. Job benefits and employment decisions were conditioned, by words or conduct, on a victim’s acceptance of the harasser’s sexual advances or conduct,
  4. When the sexual harassment occurred, the harasser was a supervisor of the employer,
  5. The victim suffered harm by the negative workplace interaction,
  6. The harasser’s conduct was directly relevant to harms caused to the victim.

A skilled attorney will review a claim and seek available legal remedies against workplace harassment, especially when it is directed toward a specific group, or individual. The law addresses harassment in the form of unwelcome physical advances, requests for inappropriate favors and other verbal, or physical conduct when it results in a hostile work environment  where a boss or employer does not remedy verbal, or physical inappropriate behavior, affecting work performance and creating intimidating, hostile and abusive work environments.

 Victim reporting.

Reporting is the first step against negative and illegal workplace harassment encounters. And employees may make a direct report to a manager of the harasser, and human resources; request mediation; initiate formal grievance procedures; and/or file a claim with the Equal Employment Opportunity Commission (EEOC).  An experienced lawyer can draft a complaint against the alleged workplace harassment, under the requirements outlined in Federal laws.

Damages.

Speak with an attorney regarding compensation.

  •  Monetary damages including back pay, attorney and court fees, emotional pain, and negative effects of the harassment.
  • Equitable relief by job reinstatement, or promotion.
  • Punitive damages if actions were extremely offensive, and egregious sexual harassment misconduct.

Seek legal counsel.

If an employee does not wish to proceed with any other steps before contacting EEOC, they do not need to, and may seek alternate professional counsel for guidance.  Contact an experienced sexual harassment attorney in Miami, if work-related harassment interferes with a job, or career in South Florida.

 

Sources:

https://www.justice.gov/crt/fcs/TitleVI-Overview

https://www.ada.gov/

https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967

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