While there is no guarantee that you will love your job, you should not fear your workplace either. Unfortunately, harassment in the workplace can lead to just that – fear.
If you are the victim of harassment in the workplace you may have been advised to file a complaint with human resources, or HR.
What should you do though if you have complained to HR about workplace harassment and nothing has been done? It may be time to consult with a Florida workplace harassment attorney.
In the United States there are a seemingly endless number of state and federal laws aimed at ensuring that all workplaces are safe and free from discrimination, unfair treatment, and harassment.
Despite these laws, harassment in the workplace does still occur.
“Harassment”, when used in the employment context, refers to unwelcome conduct aimed at an employee based on things such as race, religion, disability, or sex. Harassment can also be sexual in nature. All instances of harassment are not illegal.
It is impossible to prevent every snide comment, discriminatory “joke”, or rude remark; however, if either of the following are true, the conduct is illegal:
- Enduring the offensive conduct becomes a condition of continued employment
- The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Most companies have an established procedure for claims of harassment in the workplace.
Typically, the first step for a victim of workplace harassment is to report the offensive conduct to a supervisor and/or to Human Resources.
The employer then has the opportunity to address the issue with the offender.
If the offensive conduct stops there may be no need to pursue the issue further. If nothing is done about the harassment though, it is time to consult with an employment law attorney.
Federal law makes an employer automatically responsible for harassment if the offender is a supervisor under most circumstances.
If the offending party is a fellow employee the law may still hold your employer responsible if your employer knew, or should have known, about the harassment yet failed to do anything about it.
In this case, notifying HR would usually serve to out your employer on notice of the conduct, thereby making your employer legal liable whether the offender is a supervisor or another employee. Your employer may even be held responsible for harassing behavior by a non-employee if the non-employee was under your employer’s control (such as an independent contractor) and your employer was notified of the conduct and did nothing about it.
If you believe you are the victim of workplace harassment, contact an experienced Florida employment law attorney right away to discuss your rights and your legal options.