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Sexual Assault at Work
Sexual harassment at work is one of many forms of gender-based discrimination. A study focused on employed women showed that 38% had experienced sexual harassment in the workplace.
Workplace sexual harassment occurs when a colleague, supervisor, manager, or employer makes unwanted sexual actions or comments. Sexual harassment also occurs when a colleague conducts themselves in a suggestive and offensive manner towards their co-worker.
If you or someone you know is a victim of sexual assault at work, call us now to know how our Miami attorneys can help. Our experienced and dedicated attorneys will be ready to take your side in your fight against sexual abuse.
Sexual Assault in Miami
To address the increase of sexual harassment cases reported recently, lawmakers are working to reinforce legislation that would prevent workplace sexual harassment. Florida lawmakers are working on a regulation that would prohibit the use of non-disclosure agreements in cases involving sexual misconduct at work.
It is important to know that sexual misconduct at work doesn’t always involve physical sexual abuse. Below are crucial points that could help you determine if you or your loved ones are a victim of sexual harassment in the workplace:
- Sexism is a form of sexual harassment
- Sexual harassment can occur through verbal or written communications
- A sexually explicit cartoon or a suggestive joke can be a form of sexual harassment
- Sexual abuse can occur between people of different sexes or the same sex
- A sexual abuse victim does not have to be the individual harassed but could be anyone affected by the harassment
- Sexual harassment can occur within the workplace, outside the workplace during work functions, and even online
Sexual Assault Online
The recent increase in the number of companies transitioning to work-from-home setups exacerbated the issue of online sexual harassment in the workplace.
Online sexual harassment occurs when a co-worker makes unwanted sexual advances through emails, text messages, social media interactions, or other online tools. Examples of online sexual abuse include:
- Cyberstalking
- Sexting
- Sharing pornography through emails
- Sending inappropriate images or videos online
- Taking photos during video calls without consent
- Sending sexual emails
- Making sexual jokes online
- Making sexual remarks online
Laws Protecting Employees from Sexual Harassment
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prevents two types of sexual harassment in the workplace: quid pro quo and hostile work environment.
Quid pro quo harassment transpires when a person with apparent authority demands sexual favors from an employee. In return, the victim receives some form of employment benefit.
Meanwhile, hostile work environment harassment occurs when an employee experiences sexually offensive conduct that creates an abusive work environment.
The Florida Civil Rights Act
The Florida Civil Rights Act discourages discriminative employment practices by penalizing actions that discriminate based on marital status, sex, or pregnancy. Sexual harassment is covered under this legislation since it’s considered a form of unlawful sex discrimination.
| Three Forms of Proof for Sexual Assault at Work | |
| Direct Evidence | Pertains to evidence like testimonies, emails, memos, and audio recordings about sexual misconduct that occurred or suggestive comments that were made. Direct evidence may include your testimony that your colleague propositioned you or a text message containing sexually offensive remarks. |
| Disparate Evidence | Disparate evidence outlines the connection between sexual harassment and negative employment actions. For example, you complained to HR about your employer who made inappropriate comments even after you asked them to stop. The following day, your boss suspends you as a form of retaliation. |
| Policy Evidence | Policy evidence pertains to rules and regulations that discriminate against you based on your sex or gender. An example is a company policy stating that men are required to wear tight pants while working on the sales floor. This is a form of policy sexual harassment since wearing tight pants does not provide additional protection or affect an employee’s performance. |
Pro Tip
“If you experienced workplace sexual abuse, reach out immediately to experienced attorneys who will be dedicated to winning your case.”
Sexual Assault Attorneys in Miami
Every employee has the right to work in an environment free from sexual harassment and other toxic practices that impact decisions relating to termination, compensation, promotion, hiring, training, benefits, and all other employment-related issues.
If you are the victim of workplace sexual assault in Miami, the dedicated attorneys at Diamond & Diamond are here to offer their support. Call us today and have your case evaluated by our expert attorneys now!
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FAQs About Sexual Assault in the Office
It is important to seek help after you experience workplace sexual harassment. You may opt to undergo therapy and listen to the advice of a healthcare professional to help you recover.
If you decide to take legal action against your abuser, you must look for a dedicated attorney who you can trust to win your case for you.
You must first consult a sexual assault attorney and seek advice about filing a lawsuit for damages. Diamond & Diamond offers a free case evaluation to help sexual assault victims in their fight against their abusers.
Companies aren’t mandated by law to terminate someone accused of harassment. However, it’s also not illegal to fire the abuser, and companies can terminate the accused if they choose to do so.