Workplace Harassment Law in Florida

Workplace harassment is a growing concern nationwide and worldwide, which significantly affects organizations and employee’s mental health and safety. 

According to a CNBC report, 91% of U.S. workers experienced some form of workplace harassment and discrimination based on race, color, gender, age, disability, or sexuality. 

When we talk about sexual harassment, Florida is one of the top 5 states that has the most sexual harassment charges in the workplace from 1997 to 2021. 

Much like the other states, Florida has specific laws governing workplace assault and harassment to protect employees and ensure a free, fair, and safe environment. 

In this article, we’ll dive into workplace harassment laws in Florida and why it is essential for both employees and employers to be aware of them and their importance. 

What Constitutes Workplace Harassment? 

Studies show that many employees, men or women, might not even recognize behavior that represents harassment. 

Hence, understanding what workplace harassment is and what it constitutes is of the utmost importance. 

Workplace harassment is any offensive or unwelcome behavior that creates an intimidating, uncomfortable, and hostile work environment for employees—affecting their health and job performance. 

Workplace harassment in Florida is addressed as part of anti-discrimination protections outlined in the Florida Civil Rights Act (FRCA) against various forms of discriminatory behavior, including physical or verbal misconduct, sexual harassment, or any discriminatory behavior related to the employee’s religion, race, color, sex, age, nationality, and disability. 

Examples of workplace harassment include: 

• Physical abuse or intimidation and sexual harassment, including quid pro quo harassment
• Jokes others might find offensive or derogatory comments
• Racial slurs or name-calling
• Threatening behavior 
• Displaying offensive items or pictures
• Ridiculing an employee on their disability
• Deliberately isolating or excluding an employee
• Spreading rumors and humiliating an employee

Workplace Harassment Laws in Florida: Federal vs States Laws

Both federal and state laws govern Florida's workplace harassment laws. While federal laws establish a broad framework for protection, state laws provide additional measures to ensure comprehensive enforcement and address specific local needs. 

Understanding and staying updated on these state and federal laws is crucial for employers and employees. Let’s first examine the federal employment law that governs workplace harassment in Florida. 

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a federal law that primarily addresses harassment in the workplace and prohibits employment discrimination based on an employee’s race, religion, color, national origin, sex, or disability. 

The act ensures that employers cannot discriminate in hiring, firing, paying, compensation, job assignments, advancements, lay-offs, and training or take any other employee decisions based on the above-mentioned discriminatory factors. 

It eliminates most U.S. contracts that are “at-will,” meaning that an employer can dismiss an employee without establishing “just cause” for termination or without notice—avoiding illegal termination and unlawful employment practices. 

Title VII also established the Equal Employment Opportunity Commission (EEOC) to prohibit unwelcome conduct and a hostile and abusive working environment. 

Congress further expanded the act in the 1970s by passing the Pregnancy Discrimination Act of 1978 to classify pregnancy discrimination as unlawful sex discrimination. 

Other federal laws, such as ADA and ADEA, provide additional protections for employees and individuals based on their disability and age. 

Americans with Disabilities Act (ADA) 

The Americans with Disabilities Act (ADA), signed on July 26th, 1990, prohibits discrimination against individuals and employees with disabilities and ensures fair and equal opportunities in all aspects of public life. 

ADA is primarily divided into five main titles, each focusing on and addressing specific areas of private and public life. These titles are: 

Title I: Employment

This title applies to all employers with 15 or more employees and prohibits discrimination against qualified yet disabled individuals in employment practices, such as hiring, job applications, firing, and promotions. 

It also requires employers to provide reasonable accommodations, such as flexible working hours, wheelchair-accessible workplaces, and assistive technologies to enable disabled employees to perform their duties without any hardships or significant expenses. 

Title II: Public Services and Government

This title prohibits discrimination against disabled employees by public organizations, such as state and local governments. It also requires that public programs, services, and activities, such as public transportation systems, interpreters for public hearings, and ramps, be accessible to disabled individuals.  

Title III: Public Accommodations

Prohibits disability discrimination by private businesses and non-profit organizations, such as restaurants, theatres, hotels, and retail stores open to the public and requires them to make arrangements and facilities accessible to disabled individuals. 

Title IV: Telecommunications

This act ensures that individuals with speech and hearing disabilities can easily access telecommunication services, such as captioned telephones and TTY. Besides, it also mandates accessibility for disabled individuals for public service announcements on TV. 

Title V: Miscellaneous Provisions

This title provides additional legal protections, such as prohibiting retaliation against individuals asserting their ADA rights and also ensures that ADA compliance complements existing civil rights. 

Age Discrimination in Employment Act (ADEA)

The ADEA Act, enacted in 1967, protects workers and employees aged 40 and above from workplace discrimination, harassment, and misconduct based on age. It ensures that age shouldn’t be a barrier to equal opportunity, fostering an inclusive workplace and preventing stereotypes that older employees are less capable, adaptable, and valuable. 

Let’s take a look at the Florida laws now. 

Florida Civil Rights Act (FCRA) 

FCRA is a state law that protects employees and individuals from discrimination and unlawful harassment based on various factors in several walks of life, including employment, private and public establishments, and housing. 

Enforced by the Florida Commission of Human Relations (FCHR), FCRA prohibits unfair treatment based on race, color, sex, pregnancy, handicap, religion, age, national origin, or marital status. 

While FCRA supplements federal laws, like Title VII of the Civil Rights Act of 1964, it provides additional benefits and protections specific to the state. 

Here are the key provisions of the FCRA:

1. Employment discrimination 

   FCRA prohibits employment discrimination, which includes discriminatory practices in hiring, promotion, termination, and compensation, retaliation against employees who file complaints, and workplace harassment that results in a hostile work environment. 

   Thus, it helps ensure fair and equal opportunities for all employees without any form of unhealthy discrimination. 

2. Public accommodations

   FCRA promotes and ensures equal access to public spaces and establishments, such as restaurants, retail stores, and theatres, without any discrimination. 

3. Housing discrimination 

   While the Florida Fair Housing Act primarily governs this, the FCRA prohibits discrimination against the sale, financing, and renting of housing. 

4. Disability accommodations

   The act requires employers to provide reasonable and accessible accommodations to disabled employees, such as hearing aids, wheelchairs, etc., and accordingly provide provisions in the job roles. 

After discussing the federal and Florida state laws for harassment in the workplace, it may seem they are almost similar. Still, there are striking differences between the two when it comes to aspects like protections and filing deadlines. Let’s look at the differences in more detail. 

Differences in Federal vs State Law for Florida’s Workplace Harassment 

Here are a few factors that differentiate federal law from Florida law when it comes to addressing hostile work environments. 

• FCRA provides broader protections than federal law, explicitly covering marital status as one of the protected categories, which is not covered by federal laws like Title VII. 
• At the state level, the FCRA provides additional enforcement mechanisms for public accommodation discrimination, such as mediation and conciliation services and ensuring localized dispute resolution. 
• While federal employment law provides a deadline of 300 days for employees to file a complaint with the EEOC against workplace harassment, FCRA provides a longer time frame of 365 days to file a workplace harassment complaint from the date of the incident. 
• While FCRA’s disability protections might align along with the lines of ADA, it includes more localized and inclusive disability interpretations and protections. For instance, FCRA may qualify a temporary medical condition as a disability if it affects the employee’s performance. In addition, the Florida state law also shows sensitivity towards psychological and emotional disabilities, such as depression and anxiety—which goes beyond the standard federal law interpretations. 
• While the FCRA itself has a threshold of 15 employees for businesses and organizations, like federal law, certain Florida municipalities, like Miami-Dade, Orlando, and Broward counties, have anti-harassment and anti-discrimination ordinances that apply to businesses with fewer employees, providing broader coverage protections for smaller businesses. 

Employer’s Responsibilities and Obligations Under Workplace Harassment Law in Florida

As an employer, you are responsible for preventing harassment and workplace bullying and creating a safe, healthy, and comfortable work environment for everyone. 

Here are the best practices for meeting your employer's responsibilities effectively: 

1. Enforce comprehensive anti-harassment policies

   It is crucial to create and implement detailed anti-harassment policies that address workplace harassment and discrimination and are accessible to all employees. 

   These policies should include: 

   • Definition of workplace harassment along with examples of misconduct, such as workplace bullying, discriminatory remarks, and sexual harassment. 
   • Clearly mention zero tolerance to articulate that harassment will not be tolerated and that retaliation is prohibited. This will provide a safe and stress-free place for employees to express their concerns. 
   • Outlining harassment reporting procedures and providing multiple avenues to report harassment, like through the victim’s supervisor, Human Resources, legal assistance, or anonymously. 
   • Articulating consequences of workplace bullying or harassing employees with outlined stages of disciplinary actions, such as warnings, probation, suspension, and termination.

2. Make your workplace as safe and inclusive as possible

   The root cause of a hostile work environment is the company’s toxic culture. Cultivating an inclusive and positive work environment promotes a healthy work culture, supports diversity, and encourages mutual respect—significantly reducing the chances of harassment. 

   Some of the best practices for employers include: 

   • Leaders and managers should set the example of treating all employees with respect and courtesy, regardless of their position or role—avoiding discriminatory practices and favoritism. 
   • Establish inclusive hiring practices by actively seeking candidates from diverse backgrounds to ensure representation of different races, ages, religions, genders, and abilities. 
   • Encourage open behavior by promoting transparency and establishing a feedback system. Employees must feel free to share their concerns openly and leverage the open-door policy or confidential consultation to reach or access their superiors to voice their issues easily. 

3. Provide employee training

   Educate employees on recognizing and addressing harassment at work by conducting regular training. 

   While it’s not a mandate, employers are highly encouraged to conduct regular anti-harassment training for employees and managers, as well as managerial training, to address complaints, ensure compliance, and correct unlawful harassment effectively. 

   It’s also recommended that training material be regularly updated to keep it up-to-date with legal developments, laws, and workplace trends. 

4. Handle harassment complaints effectively 

   Employers must be prompt and fair when addressing workplace harassment complaints to ensure compliance and prevent legal obligations. 

   According to research, 65% of employees whose reported issues were investigated and resolved are likely to refer colleagues or a co-worker to Human Resources (HR)—creating awareness and fostering an open environment for employees. 

   Here are some best practices for effective complaint handling to build and promote a healthy work environment: 

   • Create a transparent reporting and grievance process and offer multiple reporting channels. 
   • Conduct a prompt and thorough investigation of the complaint to ensure impartiality. 
   • If the harassment is confirmed, employers must take immediate corrective action and measures, such as warnings, termination, or mandatory training. 
   • Employers must ensure no retaliation occurs at the workplace against the complainant. 

   Employers must also maintain detailed documentation and records of workplace harassment complaints and resolutions to ensure compliance. 

Employers who fail to meet these obligations and compliance requirements may face legal fees, lawsuits, and reputational damage. 

Conclusion 

Workplace misconduct and harassment affect almost half the organizations, 52% of employees, affecting employee retention and brand reputation. And 30% of employees who witnessed or experienced illegal or harassing behavior at the workplace left the organization following the incident. 

These statistics show that workplace harassment is still a major concern in today’s modern workplace cultures and organizations, making employers risk their valuable employees and resources. 

To prevent harassment and inappropriate conduct, employers must not only comply with federal and employment discrimination laws but also understand and ensure compliance with Florida’s workplace harassment laws. 

At Darwinbox, we offer robust AI-powered solutions to make employee management a breeze. HR management suite is one of the solutions that facilitate workforce management, payroll and expenses, employee engagement, and talent management. It also provides quick and actionable insights into employee analytics for better decision-making. 

Besides, it also allows employers to easily find and access HR policies and documents through Darwinbox, as it hosts all documents in one place. Employees can also navigate documents effortlessly in case they want to revise and review the workplace harassment policies again to gain clarity and address complaints wisely. 

To use and explore the solution, schedule a demo for free.

FAQs

Is there any difference between workplace bullying and workplace harassment?

While harassment typically consists of discrimination based on age, race, gender, color, disability, and religion, workplace bullying may not always involve discrimination but refers to repeated, unreasonable behavior towards an employee that risks their physical and mental health and safety.

Are small businesses in Florida held liable for workplace harassment?

Yes, even if they don’t meet the 15-employee threshold, small businesses in Florida can still be held liable for workplace harassment based on the local anti-discrimination laws.

Do Florida workplace harassment laws cover independent contractors?

While FCRA or laws like Title VII don’t cover independent contractors, they can resort to other legal remedies, such as filing a tort complaint for emotional distress or intentional infliction.

Can an employee file a complaint if they experience harassment outside the workplace?

Yes, suppose the harassment is work-related and happens outside the workplace, such as at a company-sponsored event or trip or via work-related communications outside office hours. In that case, it still qualifies as harassment under Florida law.