Sexual Harassment Lawyer 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.

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.

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:

1. Title IX of the Education Amendment of 1972. This law protects students in 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.

2. 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

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 a crime victim. You have the right to press criminal charges against your attacker. As a crime 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.

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

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.

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment against employees 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 for the most appropriate settlement for your claim.

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 Miami lawyers a time limit of 365 days to file a claim for sexual harassment.

Victims of workplace 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.

The process of a workplace 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.

The attorneys at the Derek Smith Law Group in Miami, Florida, will advocate for you to get you the best outcome possible for your case. They will work hard to negotiate a settlement before your case ever sees the inside of a courtroom.

However, if your employer refuses to settle before trial, your lawyer will stand with you until Miami or Federal Courts enter the final judgment.