Many employees deal with bullying, abuse or inappropriate behavior at work. In many cases, harassment crosses the line and violates the law.
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 and creates an abusive working environment.
The conduct must be both subjectively offensive to the affected employee and objectively offensive to a reasonable person in the same situation.
Hostile work environment claims can arise from verbal abuse, offensive jokes, slurs, intimidation, physical threats, display of offensive materials, or any other conduct that targets an employee because of their race, sex, age, disability, religion, national origin, or other protected characteristic.
Frequently Asked Questions
What laws protect Florida workers from harassment?
Florida employees are protected under:
- Federal law (Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Age Discrimination in Employment Act of 1967 (ADEA))
- Florida Civil Rights Act (FCRA)
- Local laws may also apply depending on where you live.
These laws are similar, but deadlines and procedures can differ. The FCRA and most federal protections apply to employers with 15 or more employees (20 or more for the ADEA).
Is workplace bullying illegal in Florida?
Bullying alone is not illegal under federal or Florida law.
However, bullying can become illegal harassment if it targets an employee because of a protected characteristic, and the conduct is severe or pervasive enough to create a hostile working environment.
What does “severe” and “pervasive” mean?
To prove a hostile work environment claim, the conduct must be either severe or pervasive. Severe means the behavior is very serious, such as a threat, physical harm, or egregious harassment.
Pervasive means the behavior happens repeatedly over time, creating an ongoing hostile atmosphere.
A single minor incident is usually not enough. However, one serious incident may be enough if it is severe. Unlike quid pro quo harassment, a hostile work environment claim does not require a direct exchange of job benefits or consequences.
Can a single incident create a hostile work environment?
Sometimes. A single incident can be enough if it is extremely serious, such as:
- Physical assault
- Threats of violence
- Severe sexual harassment
Most claims, however, involve repeated conduct over time. Unlike quid pro quo harassment, a hostile work environment claim does not require a direct exchange of job benefits or consequences.
How do courts determine whether a work environment is hostile?
Courts evaluate the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, whether it unreasonably interferes with the employee’s work performance, and the context in which the conduct occurred. A single,
extremely severe incident can be enough, but most hostile work environment claims involve a pattern of behavior.
Can a hostile work environment exist without a direct supervisor being involved?
Yes. A hostile work environment can be created by co-workers, subordinates, or even nonemployees such as clients or vendors. The employer may be held liable if it knew or should have known about the conduct and failed to take prompt and effective corrective action.
Do I need to report the harassment to my employer before filing a lawsuit?
You should report harassment through your employer’s internal complaint process. If the harasser is a co-worker (not a supervisor), the employer must have notice of the harassment to be liable. Even when a supervisor is involved, the employer may raise an affirmative defense if the employee unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer, so it is important to speak up.
What should I do if I am being harassed at work?
You should:
- Document each incident (dates, details, witnesses)
- Save emails, texts, or other evidence
- Report the conduct internally
- Speak with an experienced employment lawyer
Early action can make a significant difference in your case.
How do I file a hostile work environment claim in Florida?
Before filing a lawsuit, you must file a charge with:
- The Equal Employment Opportunity Commission (EEOC), or
- The Florida Commission on Human Relations (FCHR)
This is a required first step under both federal and Florida law. You do not need a lawyer to file a complaint with the EEOC or FCHR, but these agencies are neutral and they are not your advocate. Having an attorney can help ensure your claim is properly presented and your rights are protected.
The deadline for a Florida workers to file a charge with the EEOC is 300 days from the last act of harassment and one year to file with the FCHR. Deadlines are strict, so it is important to act quickly. The deadline to file a lawsuit in court will depend on the outcome of the agency investigation.
What damages can I recover for my harassment claim?
You may be able to recover:
- Lost wages and benefits
- Emotional distress damages
- Compensatory damages
- Punitive damages (in some cases)
- Attorneys’ fees and costs
Can my employer fire me for reporting harassment?
No. Under both federal and Florida law, it is illegal for an employer to retaliate against you for reporting harassment or discrimination.
You are protected against retaliation when you:
- Report harassment internally to HR or management
- File a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR)
- Participate in an investigation or lawsuit
Retaliation is not limited to being fired. Unlawful retaliation includes any action that would discourage a reasonable employee from reporting harassment. Retaliation can include being demoted, disciplined, having your hours reduced, or being treated worse because you spoke up.
However, an employer can still take action against an employee for legitimate, non-retaliatory reasons. The key question is whether the adverse action was taken because you reported harassment.
If your workplace has become hostile due to harassment based on a protected
characteristic, contact Amanda L. Biondolino, PLLC to discuss your legal rights and options.
