The word “harassment” is one of those words that we all feel we understand, yet providing a concrete definition for the word often proves difficult.

Despite the inherent difficulty in defining the word “harassment”, federal laws in the United States do protect workers from workplace harassment.

If you believe that you are the victim of workplace harassment in Florida, you should consult with an experienced Florida employment law attorney right away because situations involving harassment in the workplace are extremely fact specific and, therefore, require a careful evaluation by an attorney to determine if you are able to take legal action.

In the meantime though, it may be helpful to gain a better understanding of how the law defines “harassment”.

Workplace harassment falls under the broader category of employment discrimination and may violate Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and/or the Americans with Disabilities Act of 1990, (ADA).

In addition, workplace harassment may also violate the Florida Civil Rights Act, or FCRA.

According to U.S. federal law, harassment is defined as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” Of course, not all “unwelcome conduct” rises to the level of illegal conduct. For that “unwelcome conduct” to be illegal, one of two conditions must apply:

• enduring the offensive conduct becomes a condition of continued employment

OR

• the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Being forced to work with another employee whom you find irritating or annoying is not enough to be considered harassment. Occasional jokes or rude comments directed at you may also fail to rise to the level of actionable conduct. Some examples of conduct that may be actionable, however, include:

• threats directed at you
• physical assaults
• touching in a sexual manner
• name calling or racial slurs
• the presence of objectionable pictures or objects
• being ridiculed

In addition, a “reasonable person” standard is used when evaluating the “unwelcome conduct”. In other words, the question becomes “would a reasonable person feel that the work environment is hostile, intimidating, or offensive because of the conduct in question?”

If you believe that you are the victim of harassment at your workplace, contact an experienced Florida employment law attorney immediately to discuss your legal options.