Latest / BSPE Legal Marketing Podcast / What Should I Do If My Boss Is Sexually Harassing Me? - BT Law Group, PLLC
Transcript
- 0:00What Should I Do If My Boss Is Sexually Harassing Me?
- 0:04When your boss is the one harassing you, the situation becomes especially difficult because that same person may control your assignments, your pay, your promotions, and even whether you keep your job.
- 0:14Sexual harassment from a supervisor can include unwanted physical advances, inappropriate sexual comments or jokes, demands for sexual favors, and any other unwelcome conduct based on sex.
- 0:26Both federal law under Title VII and the Florida Civil Rights Act protect employees at covered workplaces with 15 or more employees from this kind of sex-based discrimination.
- 0:37Narrator: There are two primary legal categories of supervisor harassment: quid pro quo, where a job benefit is tied to submitting to sexual conduct, and hostile work environment, where the conduct is severe or pervasive enough to make the workplace intimidating or abusive.
- 0:53Narrator: A single extremely serious incident can be enough to support a legal claim, particularly when a supervisor's sexual demand results in a tangible employment action like a demotion, termination, or loss of pay.
- 1:06Narrator: When a supervisor's harassment does result in a tangible employment action, the employer is considered vicariously liable under the law, meaning the company itself may be held responsible.
- 1:17Narrator: If no tangible action occurred but a hostile work environment was created, the employer may attempt to raise what is known as the Faragher/Ellerth affirmative defense to avoid liability.
- 1:28Narrator: One of the most important steps you can take after being harassed is to immediately document each incident in writing, noting the date, time, location, who was present, and exactly what was said or done.
- 1:40Narrator: Preserve any emails, text messages, voicemails, or chat messages from your supervisor, and keep copies of performance reviews, schedules, or pay records from before and after you made a complaint.
- 1:51Narrator: Review your company's anti-harassment policy to understand who is authorized to receive complaints, which is especially important when the harasser is in your normal chain of command.
- 2:01Narrator: Report the harassment in writing to Human Resources or an upper-level manager who is authorized to receive complaints, clearly describing the conduct and requesting that it be investigated.
- 2:11Narrator: Federal and Florida law also protect employees from retaliation after reporting harassment, meaning your employer cannot legally punish you for coming forward about what happened.
- 2:20Narrator: An experienced attorney can help you assess the conduct, understand the filing deadlines that apply to your situation, and identify all legal options that may be available to you.
- 2:30Narrator: At BT Law Group, PLLC, Miami workplace harassment lawyer Jason D. Berkowitz and lawyer Anisley Tarragona represent employees facing harassment and retaliation, guiding them through every stage of the legal process.
- 2:41Narrator: Contact BT Law Group, PLLC — the law firm dedicated to protecting employees across Miami — and reach out to an attorney today by calling 305, 507, 8506, or visit their office at 3050 Biscayne Blvd STE 205, Miami, FL 33137, United States, to schedule your consultation.