Sexual abuse in the workplace is when actions cross the line from crude comments and threatening behavior (sexual harassment) to physically violating a person in some way where they work. It is also unacceptable and illegal behavior that can have serious consequences for both the victim and the abuser. Despite laws and regulations set in place to protect workers from such abuse, it still continues to occur at an alarming rate.
At Andrew Pickett Law, we understand the complex legal issues surrounding sexual abuse in the workplace. We’ve put together this article to provide an overview of the law in this area and some tips on what victims should do if they experience either of these types of harassment at work.
We will also touch on sexual harassment and discuss the potential legal remedies available for victims and the consequences for employers who fail to take appropriate steps to prevent or respond to these types of workplace abuses.
What is Sexual Violence?
Sexual violence is a broad term used to describe any act of sexual abuse or aggression, such as rape, unwanted touching, forced sexual contact, sexual coercion or exploitation. It can occur between strangers, family members, friends or intimate partners – as well as in the workplace.
The following are the three most common forms of sexual violence in the workplace.
Sexual Abuse/Assault
Sexual abuse is a form of sexual violence that includes any non-consensual sexual contact or activity that happens without one’s consent.Examples of sexual assaultinclude unwanted kissing, rape and attempted rape, indecent exposure and unwanted touching such as fondling.
Sexual Battery
Sexual battery is similar to sexual battery, but there are key differences. Sexual battery is a more specific charge than sexual assault. A person accused of it is suspected of performing unlawful and intentional, penetrating sexual acts on a victim without their consent.
It is important to note that sexual battery is a serious crime that can result in severe legal consequences for the perpetrator. In many cases, sexual battery is considered a felony offense and can carry significant prison time and fines.
Also, sexual battery is a profoundly traumatic experience that can have long-lasting emotional and psychological effects on the victim. It is a violation of a person’s bodily autonomy and can leave them feeling violated and powerless. Victims of a sexual battery may experience a range of emotional and psychological responses, including fear, anxiety, shame, and depression.
Sexual Harassment
The term sexual harassment is often used interchangeably with sexual abuse. However, they are defined very differently. Sexual Harassment is unwelcome sexual or gender-discriminatory conduct that creates an intimidating, hostile or offensive working environment.
It can include everything from jokes and comments to inappropriate touching and physical violence. Forms of it can be verbal, nonverbal and physical, along with those that are electronic or written.
Need free legal help in Florida?
We specialize in personal injury claims.
What is the Prevalence of Workplace Sexual Harassment in the US?
A report by Stop Street Harassment indicates that up to81% of women and 43% of menhave experienced some form of sexual harassment at work. The report shows that sexual harassment in the workplace is undoubtedly a pervasive issue, disproportionately affecting women.
Similarly, a survey by theNational Intimate Partner and Sexual Violenceshows that workplace-related perpetrators have raped an estimated 1 million women. These alarming statistics highlight the urgent need for more stringent measures to prevent sexual violence in the workplace.
Even though there is a high prevalence of sexual harassment and abuse in the workplace, many victims are afraid to come forward and speak out. Some may fear retaliation from their employers or coworkers, while others may feel ashamed or embarrassed about what happened to them.
This is why it’s crucial to have legal resources and support in place for victims of sexual harassment and abuse.
How Does Sexual Harassment Impact Workers and Their Employers?
The impact of sexual harassment in the workplace can be devastating and long-lasting. For instance, it can lead to emotional distress, anxiety, depression, and other mental health conditions. Fear is often the most common impact reported by both women and men who experience sexual violence at work.
Victims may also experience disrupted sleep patterns, difficulty concentrating, and strained relationships with coworkers, which can all have a negative impact on their overall well-being.
Not only can sexual harassment lead to physical and emotional harm, but it can also negatively impact victims’ job performance, job security, and overall well-being, often leading to the need for a forced career change.
According to one study, workers in low-wage service jobs who experience sexual harassment are forced to change careers. They face a loss of earnings of up to$125,600 over their lifetime.
This staggering statistic highlights the devastating impact that sexual harassment can have not only on individuals but also on the economy as a whole. When workers face harassment and discrimination, they may be forced to leave the industry altogether, resulting in lost productivity and reduced economic growth.
It’s important to note that victims of sexual harassment and abuse come from all walks of life and can be of any gender, race, religion, or sexual orientation.
Employers who fail to take appropriate steps to prevent or address sexual harassment and abuse in the workplace may face legal consequences. In addition to potential lawsuits or legal settlements, employers may also suffer from lost productivity, decreased morale, and damage to their reputation.
Causations for Workplace Sexual Abuse and Sexual Harassment
If an employee experiences workplace sexual abuse or sexual harassment, it is important to understand the underlying cause. Here are a few common factors that often contribute to an environment where sexual harassment is more likely to occur.
The Balance of Power Leans Heavily Toward Management
When one party has significantly more power than the other, it can be easier for them to pressure or manipulate their subordinates into unwanted sexual contact.
A Culture of Permissiveness is Ingrained in the Work Environment
If an organization tolerates inappropriate behavior or fails to enforce policies against sexual harassment and assault, employees may feel more comfortable engaging in such activities.
The Workplace Doesn’t Have Clear Policies/Procedures for Reporting Sexual Abuse
If an organization does not have clear and accessible methods for reporting unwanted sexual contact, victims may suffer from sexual abuse. They may also be more reluctant to come forward.
The Workplace Perpetuates Gender Discrimination and Stereotyping
Gender discrimination and gender stereotyping can lead to a hostile work environment where one gender is treated more favorably than the other. This can create an atmosphere of inequality that makes it easier for harassers to take advantage of their victims.
Unacceptable Behaviors by Managers aren’t Kept in Check
Sexual harassment is when a manager or supervisor pressures an employee into an inappropriate relationship, creating an imbalanced power dynamic that is detrimental to the woman’s professional standing.
Lack of Compliance Training and Awareness
If a workplace is not providing education and awareness training, the chance of sexual harassment occurring is increased. It is essential to make sure all employees understand what constitutes inappropriate behavior in the workplace to avoid any potential issues.
It’s the law – measures should be taken by organizations to prevent the likelihood of sexual abuse and sexual harassment occurring.
Need free legal help in Florida?
We specialize in personal injury claims.
Types of Sexual Harassment in the Workplace
There are different types of workplace sexual harassment, including –
Verbal Sexual Harassment
Verbal harassment includes sexual jokes, lewd comments about an individual’s body or clothing, offers for sexual favors, and insults based on gender.
Nonverbal Sexual Harassment
Nonverbal harassment can include gestures such as whistling (catcalls), leering, and suggestive looks that the recipient considers unwelcome.
Hostile Work Environment
A hostile work environment is one in which a person feels so uncomfortable and threatened that it affects their job performance. Examples of this type of behavior include sexual comments, jokes, or innuendos that create an intimidating atmosphere.
Quid Pro Quo Harassment
Quid pro quo harassment occurs when someone in authority makes a sexual request accompanied by a threat that if the request is not accepted, there will be negative consequences for the recipient. The request can promise job benefits like promotions, raises or special work hours.
Intimidating and Threatening Actions
When a person is threatened with physical or emotional harm as a result of not complying with sexual requests, this also constitutes harassment.
Retaliation Against Those Who Report Abusive Conduct
Sexual harassment can also come in the form of retaliation against someone who has previously reported or refused to engage in sexual behavior. An example of this would be demotion or termination after the victim refused unwanted advances from a supervisor.
Revenge Pornography and Deep Fakes
Revenge pornography is the sharing of intimate photos or videos without the consent of the person featured in them. This type of behavior not only violates privacy but can also be damaging to a person’s reputation, career, and emotional state. They can also be deep fakes, which are digital images created to appear as though they were taken from a real-life person’s intimate moments.
Sexual Exploitation of Employees
Sexual exploitation of workers is when an employer takes advantage of a worker by using their position to pressure them into providing sexual services or favors. Examples of this include requesting sexual favors to ensure job security, favoritism for those who comply, and offering promotions in exchange for sexual activity.
Sexual Discrimination of Employees
Sexual discrimination of employees is when an employer discriminates against someone based on their gender, sexual orientation, or gender identity. This kind of discrimination can include not hiring someone because they are female, not promoting them due to their orientation, or paying them less because of their gender identity.
Employers Must Take Steps to Prevent Workplace Sexual Harassment
It is the responsibility of employers to ensure a safe, secure and non-discriminatory workplace. They must also act in accordance with acts and guidelines to prevent sexual abuse and harassment. These include –
The Fair Work Act – Determines Employer Obligations
The Fair Work Act protects workers from discrimination, including sexual harassment. It also sets out employer obligations, such as the requirement to provide a safe workplace and take all reasonable steps to prevent and respond to any incidents of sexual harassment. Employers must also ensure that there is an accessible complaint procedure in place for employees who feel they have been subjected to sexual harassment.
EEOC Guidelines – Stops Workplace Sexual Violence
The US Equal Employment Opportunity Commission (EEOC) outlines specific guidelines for employers to follow in order to create a safe, secure and non-discriminatory working environment. These include the need to develop policies that prohibit sexual harassment, provide training and education on the topic, and document any incidents of harassment or discrimination that occur.
When employers don’t adhere to the Fair Work Act, EEOC Guidelines on Preventing Sexual Abuse at Work and other applicable laws, they risk being held liable for any damages or losses suffered by the victim.
You May Have Grounds for Both Criminal and Civil Claim Cases
After you give a statement to the police and undergo a medical exam, the police will begin investigating to determine whether sufficient evidence exists to press criminal charges. You should remain available to police and prosecutors to answer questions while your case is under investigation.
People sometimes assume that a court finding a defendant guilty in a criminal case will result in them receiving reimbursement for their injuries and mental suffering. If you intend to file a lawsuit against the perpetrator directly, that takes place in civil court.
A winning lawsuit could compensate you for medical expenses, missed time from work, mental suffering such as post-traumatic stress disorder, and several other potential categories.
You can also consider a civil case against your employer in certain situations.
For example, you may have complained about the person who sexually abused you in the past. Your employer did nothing about your complaint, and you had no choice but to continue working directly with the person who later assaulted you.
Another common example is an employer refusing to fire or discipline an employee who has committed sexual assault. You would have a strong case that your employer’s lack of action caused your ongoing trauma. Yet another possibility is that your employer put you in a situation that exposed you to the risk of sexual abuse or assault, such as not installing cameras in the parking lot.
How Long Do You Have to File a Complaint with the EEOC?
In Florida, the maximum time to file a complaint of sexual harassment with the EEOC is 300 days. You can also contact the Equal Employment Opportunity Counselor at your employer as soon as possible after an incident occurs.
While the maximum time limit to file a complaint with the EEOC in Florida is 300 days, don’t let that discourage you from seeking justice. If you have been the victim of sexual abuse or harassment at your workplace, it’s crucial to seek legal help immediately.
A Florida attorney who is well-versed in sexual harassment and abuse litigation will not only help you navigate the criminal justice system but also investigates possible wrongful termination claims and gather any other evidence related to a hostile work environment.
How Long Do You Have to File a Sexual Harassment Charge?
You have 365 days to file a sexual harassment charge under the Florida Civil Rights Act. Again, consult with a top-notch Florida attorney to see if there are alternative legal avenues to pursue if you have gone past this timeline.
6 Tips for Making a Sexual Abuse Claim at Your Workplace
- Notify the police and file a police report complaint. Seek medical attention immediately if you’ve been injured.
- File an internal complaint. Immediately notify your employer’s human resources department about the incident and document it in writing.
- Collect and document all evidence, including any written accounts from other witnesses or coworkers, social media posts, or email or text messages relating to the assault.
- Consult witha lawyer specializing in workplace sexual abuseand sexual harassment cases. Consider filing a complaint with the EEOC or filing a civil lawsuit against your employer or perpetrator (if appropriate).
- Seek justice and closure. Take legal action to hold the perpetrator accountable and seek justice. Working with an experienced attorney can help you feel empowered and secure a positive outcome in your case.
What to Expect When Filing a Police Report Complaint
If you are a victim of sexual abuse at the workplace, you should contact the police immediately or as soon as possible after the abuse to file a report. Provide as many details as you can remember. If bruises or other signs of injury are still present on your body, you can ask the police or a friend to take pictures to help preserve evidence.
The police may ask you to undergo a physical exam. While this may be uncomfortable, it helps to further document the injuries you sustained and provides irrefutable evidence against your colleague.
How to Formally Report the Issue
When you report the incident at work, be sure to put it in writing and document the time and date. The simplest way to create a record of your report is to email the appropriate person in your company’s human resources department. You will automatically have a time and date stamp.
Forwarding a copy of the email to yourself and printing out a copy are also important ways to document that you followed the proper procedure.
Your report to the human resources department should include the date, time, and location of the sexual abuse or assault as well. The incident need not have happened at work directly for you to involve your employer.
Your co-worker or superior may have committed the criminal act at a company-sponsored event such as a picnic or holiday party.
Keep in mind that you may not be able to remember all details of the attack at the time you make the report. This does not mean you are not telling the truth or simply trying to get someone in trouble. Your mind represses some memories to protect you from feeling overwhelmed, which is a normal part of the healing process.
What to Do if You are Being Sexually Abused at Work
At Andrew Pickett Law, we believe that everyone has the right to a safe and harassment-free workplace. Our team of experienced attorneys is committed to fighting for the rights of victims and holding employers accountable for failing to prevent or respond to sexual harassment and abuse in the workplace.
If you or someone you know has experienced sexual harassment or abuse in the workplace, it’s critical to speak with a qualified attorney who can help you understand your legal rights and options.
Attorney Andrew Pickett will work closely with you to ensure that your rights and interests are protected, no matter what type of abuse or harassment occurred. He also provides guidance on filing a complaint with the Equal Employment Opportunity Commission (EEOC) and filing a lawsuit if necessary.
We know that taking action against a co-worker or employer can be difficult, and you may feel overwhelmed by the process. Plus, the distinctions and legalities between sexual harassment, sexual abuse and sexual assault aren’t always so straightforward.
Attorney Andrew Pickett understands this, which is why his firm takes a compassionate approach to help victims of workplace sexual harassment seek justice. With his help, you can put an end to the abuse and ensure that it never happens again.
If you are the victim of workplace sexual harassment or abuse, Andrew Pickett Law can help you stand up for your rights and take a stand against the perpetrator. We aim to prosecute offenders to the fullest extent of the law. We will also seek punishments as outlined in Fla. Stat. § 794.011 in cases of sexual battery.
Contact us today at 321-415-8053 to learn more. Alternatively, you can schedule a free consultation by using our online form.
Frequently Asked Questions
What is the definition of sexual abuse in the workplace?
Sexual abuse is a form of sexual violence that includes any non-consensual sexual contact or activity that happens without one’s consent.Examples of sexual assaultinclude unwanted kissing, rape and attempted rape, indecent exposure and unwanted touching such as fondling.
What are the effects of sexual abuse in the workplace?
The effects of sexual abuse in the workplace can be devastating and long-lasting. Victims may experience a wide range of physical, psychological, and emotional difficulties, such as depression, anxiety, flashbacks, difficulty sleeping and concentrating, low self-esteem, and feelings of guilt or shame. In some cases, victims may also experience post-traumatic stress disorder (PTSD).
What are the consequences organizations face for not preventing sexual abuse in the workplace?
Businesses that do not take steps to prevent or respond appropriately to sexual abuse in the workplace can face a number of consequences, including civil and criminal legal action, decreased productivity, higher insurance premiums, and potential reputational damage. Additionally, businesses may be held liable for damages victims suffer due to their failure to take appropriate action.
I Want to file a claim or sue. What should I do?
If you have experienced or think you have experienced sexual abuse or sexual harassment in the workplace, it is important to take action and seek legal help as soon as possible. Contact Andrew Pickett Law today at 321-415-8053 for a case evaluation and to learn more about your options for filing a complaint or lawsuit against your perpetrator. With our help, you can put an end to the abuse and ensure that it never happens again.
Need free legal help in Florida?
We specialize in personal injury claims.
