Ft. Lauderdale Employment Law Attorney | Employment Lawyer Legal Information | Sexual Harassment
Sexual Harassment
Sexual Harassment
It is unlawful to harass a person, a job applicant or an employee, because of that person's gender. Harassment can include offensive gestures or comments, the posting of offensive writings or photographs; unwelcome sexual advances and requests for sexual favors.
Gender based harassment does not have to be of a sexual nature; and such harassment can include crude and or offensive remarks about a person's sex. For example, it is unlawful to harass a female employee or job applicant, by making offensive, gender based comments about women in general terms.
Both the victim and the harasser can be either a man or a woman, and the victim and the harasser can be of the same sex. Although the law does not prohibit simple office teasing, or offhand comments or isolated incidents; sexual harassment is illegal when it becomes so frequent or severe that it creates a hostile or offensive work environment. The harassment may become unlawful when the employee or job applicant makes a complaint about the offensive conduct, and as a result that employee or job applicant sustains an adverse employment action, such as a discharge; termination or the loss of a prospective job opportunity.
The harasser can be the victim's supervisor; or a supervisor in another work area, a co-worker, or another individual who is not employed by the employer, such as a client or customer. Employees or job applicants who are subjected to sexual harassment and or gender discrimination should follow the appropriate procedure, in order to inform the employer of the objectionable conduct.