Florida Workplace Sexual Assault Lawyer
If you experienced harm, understand why and when to hire a Florida workplace sexual assault lawyer and how they can help today.
"*" indicates required fields
Author: Kathryn Kosmides
- Workplace sexual assault in Florida is against federal and local laws – and your employer has certain obligations after you report.
- If your employer retaliates against you or discourages you from reporting, you may have the right to pursue a civil lawsuit against them.
- Speak with an experienced Florida workplace sexual assault attorney as soon as possible. They can help you understand your rights and protect them throughout this process.
You have the legal right to a workplace free from sexual harassment and sexual assault. If you or someone you know experienced sexual assault by a manager, employee, or customer while at your workplace or a work-related event, you have legal protections to ensure your job is protected and that the harm doesn’t occur again.
Workplace sexual assault includes:
- Groping or inappropriate touching
- Non-consensual oral sex, whether forced to give or receive
- Non-consensual kissing
- Rape or attempted rape
Sexual assault includes rape but is not limited to rape – which can be a common misconception. There are also common misconceptions about workplace sexual assault vs. sexual harassment. Workplace sexual harassment is a form of employment discrimination that involves unwelcome conduct directed at a job applicant or employee based on a protected characteristic, such as gender or sexual orientation. While harassment generally involves non-physical acts, including verbal harassment or leering, non-consensual touching or physical conduct can also constitute harassment. Workplace sexual assault is a form of sexual harassment involving any non-consensual physical acts of a sexual nature.
If you have been the victim of workplace sexual assault in Florida, you deserve to fully understand your legal rights and options to end the harm, prevent future abuse from occurring, and seek justice and accountability if the harm doesn’t stop.
- Your Rights: Workplace Sexual Assault in Florida
- Why & How to Hire a Workplace Sexual Assault Lawyer in Florida
- What to Expect When Filing a Workplace Sexual Assault Lawsuit in Florida
- What Compensation Can You Receive for a Workplace Sexual Assault Lawsuit in Florida?
- Helping Survivors is Here to Help
- Want To Speak With A Lawyer?
Your Rights: Workplace Sexual Assault in Florida
Workplace sexual assault is covered under federal law by Title VII of the Civil Rights Act of 1964. In Florida, workplace sexual assault is covered by the state’s Civil Rights Act, Florida Statutes Sections 760.01-760.11. Both laws generally apply only to businesses with over 15 employees. However, even if your workplace has under 15 employees, you still have the right to a workplace free from sexual abuse.
The first step to address the issue is to report the harm to your employer. Before reporting, we recommend documenting everything you can about the situation to be more prepared during the official reporting process.
To prepare, write down the following:
- Relevant dates and times
- Who was involved
- Where it happened
- Any potential video recording evidence
- Any other evidence, such as text messages, emails, etc…
- Individuals you told immediately following the incident
- What happened in your own words
Your employer is legally obligated to take your report seriously, investigate properly, remedy the situation, and not retaliate against you for reporting the conduct. Retaliatory actions may include placing you on leave, reducing your hours, changing your schedule, transferring you, or requiring you to take a different position at the company.
Consider speaking with an experienced Florida workplace sexual assault attorney before reporting the assault to your employer. An attorney can protect your rights and advise you about your employer’s obligations.
If your employer attempts to discourage you from reporting or fails to take proper action, you can file a sexual harassment complaint with the Florida Commission on Human Relations, or FCHR. Alternatively, you can file a complaint with the federal Equal Employment Opportunity Commission, or EEOC.
An experienced Florida workplace sexual assault attorney can help you with both of these processes and ensure you take the proper steps since these can be complex processes.
Why & How to Hire a Workplace Sexual Assault Lawyer in Florida
We recommend speaking to an experienced lawyer as soon as possible after you experience any form of workplace sexual assault or harassment. They can help you document the incident, explain how to report the assault to your company’s human resources department, and determine if the company responded appropriately to the complaint.
If your employer does something that doesn’t feel right or you believe is illegal, contact a lawyer as soon as possible. Even if you’ve already reported the conduct to your employer’s HR, you should still contact a lawyer quickly rather than waiting for the company’s response.
Workplace sexual assault lawyers generally represent individuals when their employers have not met their legal obligations or retaliated against employees for reporting sexual assaults. They pursue civil actions against employers, including complaints filed with the EEOC, complaints filed with the FCHR, and workplace sexual assault lawsuits filed in court.
Before filing a suit, you must first submit a complaint to either the EEOC or the FCHR. Under both Florida and federal law, you must complete the entire administrative process before filing a lawsuit.
The EEOC or FCHR will investigate your claim. The agencies could pursue further action against the company on your behalf or attempt to negotiate a resolution. If the EEOC can’t determine if your workplace violated the law or it can’t facilitate a settlement, it will issue a Notice of Right to Sue. You must receive such a notice before filing a civil lawsuit.
If you pursue a complaint with the FCHR, the agency will determine whether there is reasonable cause that the employer violated the law. If it finds reasonable cause, it may pursue a resolution with your employer or file a lawsuit on your behalf. You may also be eligible to file a civil lawsuit.
Every workplace sexual assault law firm we work with at Helping Survivors offers free consultations to evaluate your case. They will provide information about your rights, options, and potential next steps.
There is generally no upfront cost for hiring a workplace sexual assault attorney. The lawyers in our network usually work on a contingency fee basis, meaning they only get paid if and when they recover compensation for you. Their fee will be a pre-agreed percentage of the final judgment or settlement. However, some law firms may require a small retainer and then pursue the rest of the claim on a contingency fee basis. You should ask the law firm within your consultation call how they’re compensated and an estimate of costs and potential outcomes related to your case.
What to Expect When Filing a Workplace Sexual Assault Lawsuit in Florida
Filing a workplace sexual assault lawsuit involves many steps, and the process often depends on the facts and circumstances surrounding the case. For example, it may depend on whether you pursue a claim against the perpetrator, the employer, or both. Other factors influencing the process are the type of harm, where it occurred, and the employer’s number of employees.
If you are filing a workplace sexual assault claim in Florida with the FCHR, you must do so within 365 days of the incident. If you are filing a complaint with the federal EEOC, you must do so within 300 days of the incident. These are strict deadlines, so speaking with an experienced attorney as soon as possible is critical.
The EEOC process often takes up to a year, whereas the FCHR tries to resolve complaints within 180 days. The EEOC or FCHR must complete their processes before you can file suit.
In general, you can expect that the law firm will handle most of the work involved in pursuing the claim, such as preparing court filings, conducting discovery, and negotiating with the opposition. This process can take anywhere from 3 to more than 18 months after filing suit, depending on the employer’s response and the court’s schedule. While your case is pending, if you choose to remain employed at the organization, your employer must not retaliate against you.
You must follow specific steps before, during, and after filing a workplace sexual assault claim in Florida. Any misstep could jeopardize your right to pursue justice. Thus, we recommend hiring a top-tier lawyer to fight for you.
What Compensation Can You Receive for a Workplace Sexual Assault Lawsuit in Florida?
In Florida, the amount of compensation for a workplace sexual assault lawsuit can vary depending on a variety of factors, including the applicable laws, the nature and extent of the harm, the extent of your damages, the culpability of the employer, the size of the employer, and more. Damages you can recover include medical bills, therapy costs, lost wages, lost earning capacity, pain and suffering, and emotional distress.
Federal law limits the total amount of compensatory and punitive damages you may recover from your employer for a workplace sexual assault. These limits depend on the size of your employer as follows:
- 15-100 employees: you can recover a maximum of $50,000
- 101-200 employees: up to $100,000
- 201-500 employees: up to $200,000
- 500+ employees: up to $300,000
Florida has not adopted such statutory caps on compensatory damages, but case law may impose limits. Many companies will settle claims outside of court because they do not want to go through the entire litigation process, which can be expensive, time-consuming, and pose the risk of exposing other illegal conduct.
An experienced lawyer may be able to estimate your potential recovery after reviewing your case.
Helping Survivors is Here to Help
Helping Survivors has worked with hundreds of survivors of workplace sexual assault and harassment over the last few years. We help survivors understand their rights and options and connect them with experienced lawyers to pursue civil lawsuits if they wish to take that step.
The trauma of a workplace sexual assault can be devastating and impact your trust in others. We’re trauma-informed professionals who can inform and empower you to move forward.
Whether you have questions after experiencing workplace sexual assault in Florida or want to be connected for free with a lawyer today, please get in touch with us.
Want To Speak With A Lawyer?
