Fort Lauderdale Sexual Harassment Attorney

Sexual harassment involves unlawful discrimination based upon gender. Such claims may be based either on a “hostile work environment,” or upon the forcible exchange of sexual favors on a “quid pro quo” basis. Filing proper claims on these issues and the conduct of any subsequent investigation are critical issues. Under either theory of sexual harassment, either “hostile environment,” or “quid pro quo,” the Law Firm of Mark J. Berkowitz, P.A. in Fort Lauderdale can provide effective legal and practical strategies for dealing with these gender based employment discrimination issues.

Fort Lauderdale sexual harassment attorney

Sexual harassment laws help define the nature of the relationship between employer and employee. A Fort Lauderdale sexual harassment attorney may define sexual harassment as unwelcome sexual advances or unwelcome conduct or acts of a sexual nature that occur in the workplace. However, what exactly constitutes sexual harassment depends on the facts and circumstances of each case.

Overt Sexual Advances

If an employer offers a work-related benefit in return for any act that is sexual in nature, or alternatively threatens a work penalty for such a refusal, that is considered sexual harassment. Known as quid pro quo, this form of harassment is more obvious and easier to prove than other forms.

Hostile Environment

This form of sexual harassment is more complex. It may be created by either physical conduct or verbal conduct. The standard the lawyer must prove is that the conduct is severe or pervasive enough that a reasonable person would consider it abusive. Typically, therefore, a single incident, unless especially egregious, will likely not be deemed harassment. Nor, cautions a Fort Lauderdale sexual harassment attorney, may offhand remarks or jokes in poor taste rise to that level.

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Examples of What May Constitute Sexual Harassment

A Fort Lauderdale sexual harassment attorney will emphasize the need to examine each situation individually, but some typical scenarios include:

  • Staring or gawking at an individual in a suggestive manner;
  • Specific comments about an individual’s clothes or body parts;
  • Physical contact, such as brushing up against someone; and
  • Displaying sexual images, telling vulgar jokes or sending emails with sexual content.

Other Considerations

An employer is not the only person who can be the harasser. Others a Fort Lauderdale sexual harassment attorney has found culpable include co-workers, a manager or agent of the employer or someone who does not even work for the company.

Contact a Fort Lauderdale Sexual Harrassment Lawyer for Legal Advice

If you believe you have been the victim of sexual harassment, you need to understand your rights. Call Mark J. Berkowitz, P.A., a Fort Lauderdale sexual harassment attorney, at (954) 527-0570.

More Articles on Sexual Harassment

Overview Sexual Harassment Attorney

The Equal Employment Opportunity Commission defines workplace sexual harassment as unwelcome sexual advances or conduct of a sexual nature which unreasonably interferes with the performance of a person’s job or creates an intimidating hostile,

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Types of Sexual Harassment

Under Title VII, there are two types of recognized sexual harassment: 1) Quid pro quo and 2) Hostile work environment. Under quid pro quo sexual harassment, a person in authority, usually a supervisor, demands that subordinates tolerate sexual harassment as a condition of getting or keeping a job or job benefit,

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EEOC Sues Keller Paving and Landscaping for Sexual Harassment

A North Dakota civil construction company operating in Minot, North Dakota, violated employment discrimination statutes, by subjecting an employee to a hostile work environment, based upon her gender and by subjecting her to work conditions that were so intolerable, she was compelled to resign.

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Eleventh Circuit Holds that Title VII Does Not Cover a Claim for Sexual Orientation

A North Dakota civil construction company operating in Minot, North Dakota, violated employment discrimination statutes, by subjecting an employee to a hostile work environment, based upon her gender and by subjecting her to work conditions that were so intolerable, she was compelled to resign.

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EEOC Issues New Guidelines on Sexual Harassment

A North Dakota civil construction company operating in Minot, North Dakota, violated employment discrimination statutes, by subjecting an employee to a hostile work environment, based upon her gender and by subjecting her to work conditions that were so intolerable, she was compelled to resign.

Read more about Eleventh Circuit Holds that Title VII Does Not Cover a Claim for Sexual Orientation

Our Skilled Attorneys

WHY WORK WITH OUR TEAM?

Mark Berkowitz focuses his practice on employee representation and employment discrimination matters before both state and federal courts; as well as government administrative agencies, such as the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. These litigation matters involve cases related to claims of discrimination based on race, national origin, religion and gender, including, pregnancy and sexual harassment, as well as claims based on age, disability, medical leave; under the Family Medical Leave Act, retaliation and whistle-blower claims. He also handles claims involving issues of unfair competition, breach of the duty of fair representation, unpaid wages and non-compete and trade secret claims; and additionally, he engages clients in the negotiation of employment contracts and severance agreements.

Mark Jay Berkowitz

Attorney

Awards & Accolades

Mark J. Berkowitz has been practicing labor and employment law for more than 20 years in the Fort Lauderdale area. He can advise you on non-compete agreements, employment contracts, and other employment related issues.

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“From the minute I sat down with Mark Berkowitz, he demonstrated experience and professionalism. He has always given me excellent advice. I would highly recommend Mark for any legal issues involving labor disputes.”

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“Mr. Berkowitz has exceptional knowledge of the law. He is very bright with a great legal mind. Mr. Berkowitz is effective and gets the results of the law. Also you can't meet a nicer person.”

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“Mark Berkowitz is a exceptional labor law attorney with excellent communication skills. He accepted my case while no other attorney wanted to deal with the federal government. With his knowledge and persistence I was able to receive the accomindation I needed to be able to continue working. Mark Berkowitz is not just my attorney, but a friend that has my back whenever I call him.”

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