How to Report Workplace Harassment: Actionable Steps for Addressing Inappropriate Workplace Conduct
Updated: 6 days ago
Workplace harassment is a serious legal matter, and one that is far too common. Whether you are experiencing sexual harassment, a hostile work environment, discrimination, or retaliation, Florida law gives you the right to seek compensation and hold the responsible party accountable. The G Law Group’s workplace harassment and sexual harassment attorneys represent employees across Miami and South Florida.
This guide explains what workplace harassment is under Florida law, how to file a claim, and what to do if you have been affected.
What Is Workplace Harassment Under Florida Law?
Workplace harassment is unlawful conduct based on a protected characteristic, such as sex, race, national origin, religion, age, or disability, that is severe or pervasive enough to create a hostile work environment, or that results in an adverse employment action.
Under both federal law (Title VII of the Civil Rights Act) and the Florida Civil Rights Act (FCRA), employees have the right to a workplace free from harassment and discrimination.
What Counts as a Hostile Work Environment?
A hostile work environment exists when unwelcome conduct based on a protected characteristic is so severe or pervasive that it alters the conditions of employment.
This can include:
Sexual comments, jokes, or advances
Offensive displays or communications
Unwanted physical contact
Bullying or intimidation based on a protected characteristic
Retaliation for reporting harassment.
A single severe incident, such as a physical assault, can be sufficient. Courts look at the totality of the circumstances.
What is Sexual Harassment in the Workplace
Sexual harassment takes two legally distinct forms:
Quid pro quo harassment occurs when a supervisor conditions employment benefits - a promotion, raise, or continued employment - on submitting to sexual advances.
Hostile work environment sexual harassment occurs when unwelcome sexual conduct is severe or pervasive enough to interfere with your ability to do your job.
Both are unlawful under Title VII and the FCRA. Importantly, Florida SB 738 (2024) extended FCRA sexual harassment protections to cover employers with just one or more employees, meaning virtually all Florida workers now have state-law protections.
What to Do If You Experience Workplace Harassment or Assault
The safety and well-being of employees in any workplace should always be paramount. Unfortunately, sometimes employers, governmental agencies, and public figures turn a blind eye to workplace misconduct and sexual harassment.
In light of this unfortunate event, it is crucial to raise awareness about personal safety and the steps to take in case of a sexual assault. Whether in the workplace or elsewhere, consider these recommendations:
Report Any Incident: It is crucial to report any inappropriate incidents to the proper authorities within your organization. This may involve speaking to a supervisor, human resources, or higher-level management. Reporting the incident to a manager or supervisor within your organization is crucial as it initiates a process of investigation and ensures that your employer takes the allegations seriously.
Seek Medical Attention: By seeking medical attention promptly, you can ensure that you receive the comprehensive care and treatment you may need. Medical professionals are trained to approach these situations with compassion and sensitivity and can provide the necessary support to address your physical and emotional well-being. In addition to treating your injuries, medical professionals play a critical role in documenting the assault. This documentation can serve as valuable evidence in any subsequent legal proceedings, supporting your case and ensuring that the perpetrator faces justice.
Contact Law Enforcement: In any kind of assault, it is crucial to involve law enforcement as soon as possible. Contacting the authorities promptly will initiate a thorough investigation and ensure that necessary action is taken against the perpetrator. Your actions in reporting the assault can play a vital role in preventing the perpetrator from hurting anyone else in the future.
Preserve Evidence: If you or someone you know has been the victim of an attempted sexual attack, it's essential to take steps to preserve evidence. This may include clothing, photographs of injuries, or other physical evidence that can aid in the investigation process. Preserving evidence in such a situation can be challenging, but it can significantly impact the outcome of the case.
Seek Legal Advice: It's natural to feel overwhelmed and unsure of where to turn after experiencing a sexual assault. Seeking legal advice may help you understand your legal options, the firm will advocate for your rights, and obtain the compensation you deserve. They can also provide reassurance, guidance, and support as you navigate this difficult journey. If you or a loved one has been a victim of sexual assault, contact our attorneys at The G Law Group, P.A.
Encourage a Safe Environment: Employers, universities, schools, places of worship, and businesses should all foster a culture of safety, respect, and openness. This includes providing training on sexual harassment and assault prevention and establishing clear procedures for reporting such incidents.
Create a Support Network: During difficult times, it is crucial to surround yourself with a support network comprised of individuals you can trust. This network can include dependable colleagues, understanding friends, supportive family members, and compassionate healthcare professionals. Having a solid support system can provide the emotional strength and guidance you need while navigating these challenging challenges.
How to File a Workplace Harassment Claim in Florida
Filing with the FCHR (State Claim)
To pursue a claim under the FCRA, file a charge with the Florida Commission on Human Relations (FCHR) within 365 days of the last act of harassment. The FCHR has 180 days to investigate and issue a determination. Under CS/HB 1407 (effective July 1, 2026), the deadline to file a civil lawsuit is one year from the FCHR’s reasonable-cause determination or EEOC Notice of Right to Sue, or 18 months after complaint filing if neither agency acts within 180 days.
Filing with the EEOC (Federal Claim)
To pursue a federal Title VII claim, file a charge with the EEOC within 300 days of the last act of harassment. After receiving a Notice of Right to Sue, you have 90 days to file a federal lawsuit. Most charges are dual-filed with both agencies simultaneously. Tell each agency explicitly that you want to cross-file, do not assume it happens automatically.
Which Employers Are Covered?
Title VII and the FCRA generally cover employers with 15 or more employees. Florida SB 738 (2024) extended FCRA sexual harassment coverage to employers with one or more employees. If your employer has fewer than 15 employees, local ordinances in Miami-Dade, Broward, and other South Florida counties may provide additional protections.
How Long Do I Have to File a Workplace Harassment Claim?
365 days from the last act of harassment to file with the FCHR; 300 days to file with the EEOC. Both deadlines run from the last act, not from when you first reported it. Missing either deadline can permanently bar your claim.
What Compensation Can You Recover?
A successful workplace harassment claim may result in: back pay and lost wages; reinstatement or front pay; compensatory damages for emotional distress; punitive damages for egregious conduct; and attorneys' fees.
Retaliation - being fired, demoted, or otherwise punished for reporting harassment - is independently unlawful and gives rise to additional claims. Contact a workplace harassment attorney immediately if you have suffered retaliation.
Miami Workplace Harassment Case Study: Jose Lopez, Miami-Dade Fire Rescue
The following case illustrates how workplace harassment and assault can occur even in professional settings, and why it matters to come forward.
A troubling incident recently emerged involving Jose Lopez, a 49-year-old Miami-Dade Fire Rescue (MDFR) firefighter. He now faces four counts of attempted sexual battery against two female co-workers at the same fire station. According to an arrest report, Lopez climbed on top of one victim and attempted to assault her. After the incident, the victim shared her story with another female co-worker. This female co-worker then stated that Lopez had tried to do the same thing to her.
The victims hesitated to report the initial incidents due to fear of potential retaliation. Luckily, they were able to overcome the code of silence and found the courage to notify internal affairs. It was these two women’s bravery that led to Lopez's subsequent arrest. Now Lopez will be forced to face the repercussions of his actions, and hopefully not be able to hurt any more women.
As the investigation into the incident involving Jose Lopez unfolds, Miami Dade Fire and Rescue has suspended him without pay until the matter is resolved, emphasizing their commitment to address such serious allegations appropriately and protect all employees' welfare.
Remember, safety is a shared responsibility. By following these recommendations and promoting a supportive workplace culture, we can work towards preventing such incidents in the future. If you or someone you know have been victims of sexual assault, please feel free to reference the below links as you continue towards your journey towards recovery and healing.
Tapestry Recovery: A Survivor's Guide to Sexual Assault | Tapestry (tapestryrecovery.com)
Helping Survivors of Sexual Assault: What To Do If You've Been Sexually Assaulted By An Uber Or Lyft Driver | Helping Survivors of Sexual Assault and Abuse
Contact a Workplace Harassment Lawyer in Miami Today
If you or someone you know has experienced workplace harassment, sexual harassment, or retaliation in Florida, you don't have to face it alone. The G Law Group's sexual harassment attorneys have the experience to help you understand your rights, navigate the filing process, and fight for the compensation you deserve - whether through negotiation or in court.
Call us now at (305) 709-8877 for a free case evaluation.
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