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.
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:
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 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.
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:
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.
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.
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.
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.
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.
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.
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:
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.
FCRA promotes and ensures equal access to public spaces and establishments, such as restaurants, retail stores, and theatres, without any discrimination.
While the Florida Fair Housing Act primarily governs this, the FCRA prohibits discrimination against the sale, financing, and renting of housing.
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.
Here are a few factors that differentiate federal law from Florida law when it comes to addressing hostile work environments.
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:
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:
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:
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.
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:
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.
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.
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.
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.
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.
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.