Workplace sexual harassment happens when someone makes unwanted sexual comments, touches another person without their consent, or pressures another person into sexual acts at work. Do you work in the hospitality industry in Florida? If you’ve experienced such behavior to the point that it affects your ability to do your job or creates a hostile work environment, you could have several options for demanding accountability and compensation for what you’ve endured.
The Risks Hospitality Workers Face on the Job
Sexual harassment is a problem across all industries, but hospitality workers face particularly high rates of harassment. Data suggest that 54 percent to 81 percent of women in this field have experienced some level of sexual harassment at work. Most don’t report it, possibly due to fear of losing their jobs or uncertainty about whether anyone will take them seriously.
Part of the risk could stem from the fact that many hospitality workers, particularly women, rely on tips. Studies show tipped female workers are twice as likely to deal with harassment, often from customers. Part-time and seasonal workers are also more at risk. These positions come with power imbalances, unclear reporting systems, and fast-paced work that encourages people to push problems aside. The nature of hospitality work, which involves close contact, late hours, and one-on-one service, can also make it harder to avoid or stop unwanted behavior. When staff don’t get the support they need, the problems can get worse over time.
Your Legal Rights as a Hospitality Employee in Florida
You have the right to a workplace where people treat you with respect, no matter your gender. Florida law and federal law both protect you from sexual harassment at work. If your job has 15 or more workers, you can file a complaint under the Florida Civil Rights Act or Title VII. These laws give you the right to take legal action if someone violates your rights. Additionally, your boss can’t legally punish you for reporting harassment.
Reporting Harassment
If someone harasses you at work, you can report it to your manager, HR department, or corporate office. Keep notes on what happened, who was there, and when it took place. If your boss doesn’t fix the problem or retaliates against you for speaking up, you can file a complaint with the Florida Commission on Human Relations or the EEOC. You have up to 365 days to report it to the state or 300 days to report it to the federal agency.
Employer Liability
You can also sue your employer if they perpetrated or ignored the harassment. That includes situations where a manager harassed you, refused to take your complaint seriously, or failed to stop a pattern of bad behavior. Your employer is responsible for providing a safe workplace. If they knew or should have known about the harassment and did nothing, a court may hold them legally responsible. A lawyer can help you determine whether you have grounds for a lawsuit.
Civil Lawsuits for Sexual Harassment or Assault
Finally, you may file a civil lawsuit against the person who harassed or assaulted you. If your employer allowed it to happen or failed to respond, you could also sue the company. In a lawsuit, you can demand compensation for lost wages, emotional harm, and other losses. If the conduct involved sexual assault, you could also bring a separate claim for battery, even if no one presses criminal charges.
Talk to a Lawyer Today
If you experienced sexual harassment or assault at work, talk to someone who knows how to handle these cases. Lehrman Law will take your situation seriously and walk you through your legal options. Contact us today to set up your initial consultation.