Dedicated Miami Sexual Harassment Lawyer Representing Victims of Workplace Sexual Harassment.
You need sexual harassment attorney in Miami when a CEO, fellow employee, supervisor or manager, client, or business associate makes unwelcomed sexual comments or gestures towards and employee or job applicant that interfere with his or her work performance. This is a form of sex discrimination and it is illegal.
As an employee in Miami, you deserve someone who knows what it is like to live and work in the 3rd most popular city on the east coast. Home to beaches, as well as a wonderful nightlife and tons of culture, Miami is a place many would love to call home. You deserve an employment discrimination and sexual harassment lawyer that understands the need for a work-life balance that helps you love where you work as much as you love where you live.
The attorneys at the Derek Smith Law Group treat their clients like family. They will work with you from the moment of your first consultation. They will explain every court filing and work towards a fair and fast settlement. Yet, when your employer refuses to settle, they will stand by your side throughout every court proceeding through the moment a judgment gets entered in the court records.
For over 25 years, the experienced sexual harassment lawyers at the Derek Smith Law Group have helped victims of employment sexual harassment in the Miami workplace receive the justice they deserve.
Schedule a Free Consultation with a Miami Sexual Harassment Lawyer
What is Sexual Harassment in the Workplace in Miami?
Workplace sexual harassment in Miami is one of many forms of gender-based discrimination or sex discrimination. It occurs when an employer, co-worker, supervisor, manager, client, or non-employee of a company makes unwanted gestures, comments, or conducts him or herself in a manner that is offensive to a reasonable person. There are several points regarding sexual harassment that are good to know and help you determine if you are a victim:
- Sexual harassment can affect a man or woman
- Sexual harassment can occur between people of the same sex or different sexes
- Sexual harassment can be actions, verbal communications, or written communications
- Sexism is also sexual harassment
- A sexually explicit cartoon, video, or joke can be sexual harassment
- Sexual harassment can occur within the workplace or outside the workplace at a work event or function
- Sexual harassment can include gender-based terms and offensive, such as “Hun,” “Honey,” “Sweetheart,” “Babe,” “Baby,” etc.
- Sexual harassment can occur between people who were once in a relationship
- Sexual harassment can occur even if a person consents to the behavior or acts similarly if he or she feels the need to “go along to get along.”
- A criminal sexual act in the workplace is also grounds for a sexual harassment claim
The dedicated sexual harassment lawyers at the Derek Smith Law Group in Miami can assist with your sexual harassment claim. They can help you determine the extent of the sexual harassment you endured and the best way to correct the problem.
What Is Employment Online Sexual Harassment in Miami?
Miami, along with the rest of the world, has adopted the virtual workplace as a place of business. Many people work from home on their computers, they can use software and remote connections to join with their office mates.
With the advancement of online employment options, comes the increase of online sexual harassment. Online sexual harassment occurs when an employer, boss, coworker, or business associate makes unwanted sexual advances or comments through text messages, emails, social media accounts, or other online tools.
Online sexual harassment is prohibited under the same laws that prohibits workplace sexual harassment.
Some examples of online sexual harassment include:
- Inappropriate images or videos shared online
- Sexual bullying
- Revenge porn
- And more.
What Are the Types of Sexual Harassment Claims in Miami?
While sexual harassment comes in many forms, the law neatly bundles these incidents into two types of claims: quid pro quo and a hostile workplace.
- Quid Pro Quo. Quid pro quo means “this for that.” Under a quid pro quo claim, the employer offers advances in employment in exchange for sexual favors. For instance, if you agree to perform oral sex on your supervisor, you will receive a corner office promotion. Retaliation is also a part of quid pro quo claims. Retaliation occurs when the employer wrongfully terminates or demotes an employee because they did not agree to or return the supervisor’s unwanted sexual advances.
- Hostile Work Environment. A hostile work environment occurs when the conduct is severe or pervasive enough to create a work environment that a reasonable person may find intimidating, hostile, or abusive. The behavior will prevent an employee from conducting basic employment responsibilities.
While sexual harassment comes in many forms, the law neatly bundles these incidents into two types of claims: quid pro quo and a hostile workplace.
What Are Examples of Sexual Harassment in the Workplace in Miami?
Sexual harassment in the workplace in Miami can take many different forms. Verbal and written communications, sexual acts, and even innuendos can be forms of sexual harassment.
Some examples of Miami sexual harassment in the workplace include:
- A coworker massaging your shoulders every time he passes you
- A supervisor makes jokes about sexual escapades with women every time you speak with him.
- Criminal sexual conduct, such as rape or aggressive sexual assault
- Your boss sends the morning emails complete with sexual jokes daily.
- The hiring manager offers you a job if you sleep with her.
- Your customer offers you a large tip if you let her grab your butt.
- Your company dress policy insists women wear form-fitting pants or straight skirts.
- The contractor fixing your office sink is Catcalling or whistling at all female employees.
- A coworker makes daily comments about a woman’s place being barefoot and pregnant.
- Your boss fires you because you refused to sleep with her.
- Your coworker asks you on a date every day, even though you repeatedly say “no.”
Allow an amazing sexual harassment lawyer at the Derek Smith Law Group in Miami help you determine if you are the victim of workplace sexual harassment. We offer free consultations to help you determine your rights in your claim.
Is Sexual Harassment in Miami Limited to Places of Employment?
Sexual harassment is not something that just happens at your place of employment. Sexual harassment can occur in school, in housing, and even in places of public accommodation.
Many federal laws help protect people from all forms of sexual harassment wherever it occurs. Some of the laws include:
- Title IX of the Education Amendment of 1972. This law protects students I all educational facilities where government funds exist. Students, faculty, and staff can file a claim for sexual harassment under Title IX even in private schools. Many schools, including private institutions, accept government grants and scholarships, making them susceptible to Title IX stipulations.
- Fair Housing Act. The Fair Housing Act (FHA) protects all tenants and homeowners from sexual harassment in housing decisions. Some examples of such treatment may include:
- Denying a potential homeowner the right to a mortgage due to gender or sexual orientation
- Evicting a tenant who refused to give in to sexual favors
- Promising a tenant the right to free rent if they give into your sexual requests
- Refusing to sell to a potential homeowner because he denies your sexual advances
When Is Sexual Harassment in Employment a Criminal Issue in Miami?
As an employee or job applicant, sexual harassment can sometimes become a criminal problem. When an employer, boss, or business associate infringes on your personal well-being and forces themselves on you, they are committing a crime.
When you experience, rape, sexual assault, or forcible sexual contact, you become the victim of a crime. You have the right to press criminal charges against your attacker. As a criminal victim, you give your statement and become a witness to the crime. Your attacker can receive jail time to stop them from attacking others.
However, you still have the right to file a complaint against your employer in civil court. The sexual harassment lawyers at the Derek Smith Law Group can help you seek compensation to help you get back to life.
In the civil lawsuit, you are a party to the case. You play an important role in ensuring you receive financial justice as well.
What Evidence is Needed to Prove Sexual Harassment in the Workplace in Miami?
It is important to keep as detailed notes as possible to show the harassment you dealt with at work. Make sure to document the following:
- Each specific incident of harassment
- The time and date the incident occurred
- The people directly and indirectly involved.
- Emails or memos you received
- Complaints you made, when, to whom, what you said, and the responses
- Any reactions to the alleged sexual harassment
- How the incident made you feel
- How the incident affected work performance
- How the incident affected your general well-being
How Do You Prove Employment Sexual Harassment in Miami?
The type of evidence is as important as the evidence. Sexual harassment claims can have three forms of proof in Miami. Your employment sexual harassment attorney in Miami can help determine what proof or evidence you have to help prove your case in court.
The three types of proof include:
- Direct Evidence. Direct evidence is “the smoking gun.” It is a direct link between sexual harassment and the negative employment decision. For instance, your boss demotes you immediately after you refuse to go on a date with him. He tells you that if you refuse the date, he will demote you.
- Disparate Evidence: Disparate evidence occurs when circumstances demonstrate the adverse employment decision was due to your sexual harassment claim. For instance, your coworker continues to post sexual jokes in company-wide emails. You complain to your boss that you feel offended. Your boss ignores you. You go to HR to complain.
You consistently receive wonderful reviews at work. However, about a week after your complaint, your boss gives you a horrific review because you came in to work 30 seconds late.
- Policy Evidence: Policy evidence means company policy creates sexual harassment. For instance, the company policy states women must wear miniskirts and tank tops to wait tables at the bar. This policy is sexual harassment against women in the workplace.
What Laws Protect Employees from Sexual Harassment in Miami?
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in any workplace with 15 or more employees. Federal agencies and courts oversee any claims made under the law.
The Florida Civil Rights Act is the state law prohibiting workplace sexual harassment in companies with 15 or more employees. The sexual harassment lawyers at the Derek Smith Law Group can help you determine the best court for your claim.
Your sexual harassment attorney in Miami can help you determine the law best suited for your case. They will help you file your case to fit your needs. From the onset of the lawsuit, they will evaluate your claim to ensure you have the best chance to the most appropriate settlement for your claim.
What is the Statute of Limitations to File a Claim for Employment Sexual Harassment in Miami?
The Equal Employment Opportunity Commission (EEOC) monitors Title VII claims. The EEOC gives Miami employees a time limit of 300 days to file a claim for sexual harassment.
Once the EEOC receives the charge, it investigates to determine if there is evidence of sexual harassment. Upon completion, the EEOC will issue a Right to Sue letter. This letter gives you 90 days to file your claim in state court.
The Florida Commission of Human Relations (FLCHR) monitors the Florida Civil Rights Act claims. The FLCHR gives a time limit of 365 days to file a claim for sexual harassment.
What Remedies Are Available for an Employment Sexual Harassment Claim in Miami?
Victims of sexual harassment are entitled to compensation and justice. The Miami courts will offer relief to help make you whole again. These remedies may include a reinstatement of your employment, financial relief, and even company policy changes.
Work with your sexual harassment attorney in Miami to determine the best remedies for your claim. Your Miami sexual harassment lawyer will help you request the relief you need from the courts, drafting the proper relief request letter to get you the compensation you deserve.
How Long Will a Sexual Harassment Lawsuit Last?
The process of a sexual harassment lawsuit can last as little as 4 to 6 months. However, it can also take up to 10 years to reach a settlement.
Your case may take as little as 4 to 6 months if your employer is willing to negotiate immediately. In some cases, you can come to a fair agreement rather quickly.
If your employer is not willing to negotiate a fair settlement, the case may go to trial. The case can settle at any point in the process. If your employer wants to avoid court, he will settle sooner, rather than later.
What Can a Miami Employer Due to Prevent Sexual Harassment at Work?
Florida does not require employees to undergo mandatory sexual harassment training. However, the optional sexual harassment trainings can save Florida employers from expensive lawsuits.
Hosting online sexual harassment training for employees will help educate employees regarding proper and acceptable behavior at work. It may even highlight issues many employees may not know are forms of sexual harassment.
The Sexual Harassment Lawyers at the Derek Smith Law Group Are Proud to Call Miami Home
Miami is one of the most beautiful cities on the east coast. It is also the 3rd most popular city from Maine to Florida. As a result, it offers amazing culture and business opportunities for many.
The attorneys at the Derek Smith Law Group are proud to live and work within Miami and its boroughs. While they work hard within the Brickell office space, they life to enjoy all the wonderful culture and beauty Miami has to offer.
Whether enjoying time in Virginia Key, Watson Island, or Port Miami, this team of attorneys understand why so many of their clients love to live and work in the area. That is why they fight so hard for you to find justice. Our talented lawyers know what it is like to stand with their neighbors in the Miami courts. As a result, like all people from Miami, let their passion shine through.
Contact Our Experienced Miami Sexual Harassment Attorneys for a Free Consultation
Every employee and job applicant have a right to work in an environment free from sexual harassment impacting decisions relating to hiring, termination, compensation, training, benefits, and all other employment-related issues.
If you are the victim of sexual harassment in Miami, the experienced attorneys at Derek Smith Law Group are here to help. Contact our Miami sexual harassment lawyers at (305) 946-1884 for a free consultation. We do not collect any money until you win your case.
We are located in Miami, Florida, and serves employees throughout Miami-Dade County, Broward County, Palm Beach County, Monroe County, Orange County, in Orlando, Naples, Tampa, Jacksonville, and locally in Miami, Fort Lauderdale, Coral Gables, Aventura, South Miami, Miami Lakes, North Miami, North Miami Beach, Miami Beach, Hollywood, West Palm Beach, Palm Beach, Pembroke Pines, Plantation, Sunrise, and Boca Raton, Florida.
Sexual Harassment Cases We Handle:
- Hostile Work Environment
- Quid Pro Quo
- Unwelcome Request For Sex
- Sexism in the Workplace
- Sexual Bribery
- Sexual Gift-Giving at Work
- Sexual Harassment by a Supervisor
- Workplace Sexual Coercion
- Non-Employee Sexual Harassment
- Gay and Lesbian Sexual Harassment
- Sexual Harassment at Off-Site Events
- Stalking in the Workplace
- Criminal Sexual Conduct
- Sexual Joking
- Co-Worker Sexual Harassment
- Sexual Orientation Harassment
- Unwanted Physical Contact
- Same-Sex Sexual Harassment
- Sexual Harassment at Office Holiday Parties
- Sexual Harassment By The CEO
- Sexual Harassment by a Manager
- Sexual Harassment by the Owner
- Online Sexual Harassment