Workplace Harassment

Workplace Harassment 2018-05-15T14:18:10+00:00

Miami Workplace Harassment Attorneys

Harassment in the workplace is a type of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority. Baron & Herskowitz represents individuals who feel they have been wrongfully harassed at work. If you’ve been harassed by another employee or your employer, contact the Miami employment litigation lawyers of Baron & Herskowitz today.

Harassment consists of making unwelcome comments or conduct based on:

  • Gender
  • Race
  • Other legally protected attributes

Comments or conduct that interfere with an employee’s performance at work or produce an atmosphere that is intimidating, hostile or offensive constitute harassment. The unwelcome comments or conduct can be committed by anyone in the workplace, including:

  • A manager
  • Co-worker
  • A non-employee (a contractor, vendor, or guest, for example)

The victim of harassment may be any person who is affected by the harassing conduct, not only the person at whom this conduct was intended. Harassment may be sexual or non-sexual.

Sexual types of harassment include:

  • Leering
  • Making offensive remarks about someone’s looks, clothing, or body
  • Inappropriate touching that might make an employee uncomfortable, including patting, pinching or intentionally touching someone else’s body
  • Making jokes that are sexual or lewd, hanging pictures or posters that are sexual, or making sexual gestures
  • Sending emails, notes, letters, images or other forms of written or graphic communication that are sexually suggestive

Non-sexual examples of harassment may include:

  • Name-calling that is racially derogatory
  • Using pictures, gestures, or drawings that offend a racial or ethnic group
  • Making comments about a person’s skin color or other racial or ethnic characteristics
  • Remarking on someone’s religious beliefs or lack of religious beliefs
  • Making remarks that disparage a person’s birthplace or ancestry
  • Commenting negatively about a person’s age if they are older than 40
  • derogatory remarks about an employee’s mental or physical disability
  • harassing conduct by a supervisor that leads to a change in someone’s employment status, for example hiring, firing, failing to promote, demoting, suspending, reassigning someone to a less desirable position or negatively changing an employee’s benefits, compensation, or work assignment

To submit a formal complaint of harassment, the employee must meet the following conditions:

  • Be part of a class that is protected by law
  • Be harmed or offended by conduct that relates to his or her membership in that class
  • Had the terms or condition of employment affected by the unwelcome conduct
  • Had work performance unreasonably hindered by the harassing conduct
  • Had an intimidating, hostile or offensive work environment

The law requires that the employee who claims to be harassed contact an Equal Employment Opportunity official within 45 days of the incident. Because of the 45-day deadline, it is important for an employee to speak promptly with a lawyer experienced in these types of complaints. The attorneys at Baron & Herskowitz have dedicated part of their practice to employment litigation and are successful in helping their clients win their cases. To schedule a consultation to find out if you have a legitimate claim, contact us today.