Jacksonville Sexual Harassment Lawyer

Do you need to sue for sexual harassment in Jacksonville?

Sexual harassment in the workplace is a form of unlawful discrimination on the basis of gender and is prohibited under both federal and Florida laws. Sexual harassment is used by the harasser as a form of dominance and control with the intention of degrading the employee. Through sexual harassment, the victim is placed in a position of inferiority because of his or her gender. Consequently, sexual harassment that goes unchecked and unpunished can cause permanent damage to an employee's career and emotional well-being. If the harasser is not legally opposed and held accountable, he or she will likely engage in similar misconduct in the future. Are you the victim of sexual harassment? Consult the Jacksonville employment lawyer from the Law Office of Shands M. Wulbern, P.A. today!

Types of Sexual Harassment

Sexual harassment occurs when an employee is targeted with unwelcome sexual advances, requests for sexual favors, and other types of verbal or physical conduct of a sexual nature. Additional conditions that can be used to establish that sexual harassment has occurred include:

  • The victim's submission to the advances or acceptance of the request is explicitly or implicitly made a term or condition of the person's continued employment or employment status, such as if a manager implies that the employee might be fired for refusing to perform sexual favors;
  • The fact of the victim's submission to or acceptance of the advances is used as a basis in making employment decisions, such as if an employee who refused to perform sexual favors is denied a raise or demoted
  • The conduct in question unreasonably interferes with an employee's ability to work effectively and comfortably in the workplace, due to the conduct's creation of an intimidating, hostile, or offensive working environment

The first two forms of harassment constitute quid pro quo or tangible employment action harassment. The third form of harassment is commonly referred to as a hostile work environment claim. In a hostile work environment, there may not be an actual advance or request for sexual favors but rather sufficient unwelcome conduct of a sexual nature, such as jokes, comments, or other offensive conduct . Both tangible employment action harassment and hostile work environment harassment are unlawful and can result in the employer being found liable for damages sustained.

Sexual harassment can be witnessed in the following forms:

  • Requests for dates
  • Requests for sexual favors
  • Unwelcome hugs
  • Unwelcome kisses
  • Unwelcome touching
  • Jokes of a sexual nature
  • Comments of a sexual nature
  • Display of inappropriate pictures
  • Display of inappropriate images
  • Demeaning comments or slurs based on gender
  • Acts of a sexual nature

Forms of sexual harassment can either be verbal, written, or physical. Written sexual misconduct can come in the form of e-mail, text, or social media. Even if the communications are not vulgar or patently offensive, they can be considered harassment if they are unwelcome and are intended to constitute an advance of a sexual nature.

If an employer's conduct causes interference with the employee's ability to perform his or her job, the conduct can be considered sexual harassment. Sexual harassment does not need to be sexual in nature. Comments or acts that are demeaning toward one gender, that subject one gender and not the other to malicious treatment, and threats or humiliation based upon gender, can all constitute sexual harassment in certain circumstances.

Take Legal Action with Help from Attorney Wulbern

Unfortunately, many employees are afraid to report inappropriate conduct out of fear of adverse employment actions such as:

  • Termination
  • Demotion
  • Discipline
  • Reduction in pay
  • Denied promotion
  • Denied training
  • Denied advancement opportunities
  • Refusal to hire

It is, however, unlawful for an employer to retaliate against the employee for lodging a reasonable and good faith complaint of sexual harassment. If an employee does report unwelcome and offensive conduct, he or she should expect that the conduct will be properly investigated and remedied by the employer. With the legal assistance of the Jacksonville employment attorney from the firm, you can have confidence that your case will be properly handled.

Victims of sexual harassment can receive help by taking appropriate measures to obtain information regarding their legal rights and the legal obligations of their employers. Valid claims for damages may be warranted to provide just compensation and an avenue for ensuring that future misconduct will not occur. At the Law Office of Shands M. Wulbern, P.A., your concerns of sexual harassment will be taken seriously. The firm will make every effort to insure that your legal rights and career are protected. Get immediate access to a lawyer to discuss your situation in confidence by contacting the office today.

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The Law Office of Shands M. Wulbern, P.A. - Jacksonville Employment Attorney
Located at 3063 Hartley Road, Suite 5
Jacksonville, FL 32257.
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