You might wonder if sexual harassment can only happen in your office. However, harassment can extend far beyond your physical workplace. Understanding what constitutes sexual harassment in Florida can help you determine your options.
When does off-duty conduct become harassment?
If a co- worker engages in unwelcome sexual behavior at a work-related social event, this could qualify as sexual harassment. This typically includes unwanted sexual advances, favors and verbal or physical sexual conduct that may contribute to a hostile work environment.
In cases of co-worker harassment, liability typically depends on whether the employer knew or should have known of the conduct and failed to take immediate and appropriate corrective action.
Note that stricter standards generally apply to supervisor harassment. An employer may be liable if a supervisor’s harassment results in a tangible employment action, such as a firing or demotion.
What should you do if you experience harassment outside the workplace?
If you experience harassment outside the workplace, consider compiling evidence. Useful records and information include:
- Relevant text messages and emails
- Social media communications, if applicable
- The date, time and location of the incident
- Witnesses present
Depending on who was involved, you may also report your harasser to your human resources department or supervisor. Many companies have policies that address employee conduct both on and off company premises, especially when it affects the work environment.
Which agencies can you file a complaint with?
You may file a complaint with the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC). Keep in mind that you generally have up to 365 days from the date of the incident to file a formal administrative complaint with the FCHR. You have up to 300 days to file with the EEOC.
If you receive a notice from the FCHR or EEOC, you may file your lawsuit within one year of the date on that notice. If no notice is issued within 180 days, you generally have 18 months from your original filing date to take action, unless a notice is issued in the interim. This act shall take effect July 1, 2026.
Quick action can protect your workplace
Learning what constitutes sexual harassment in Florida can help you recognize it when it happens, allowing you to explore your options. Reporting your harasser may also prevent future cases, making your workplace safer for you and your co-workers.