As with any other state in the U.S., employers in Florida have a legal responsibility to ensure that their workplace is free from harassment. This means creating an environment where all employees, regardless of gender, race or ethnicity, feel respected, valued and safe. But preventing workplace harassment in Florida is not just a legal obligation – it’s also an ethical responsibility. Plus, creating a safe environment where all your employees feel comfortable is essential for attracting and retaining a diverse workforce where innovation can thrive.
In today’s post, we are going to breakdown everything you need to know about workplace harassment in Florida. We will highlight the key laws that aim to prevent harassment in the workplace and your obligations under these laws as an employer. We will also share some essential best practices to help you comply with the law and foster a positive work environment for your entire workforce.
What Is Workplace Harassment?
In simple terms, as in any other state or country, workplace harassment in Florida is any unwelcome conduct that creates a hostile, intimidating or offensive environment for your employees that affects their job performance and well-being. This conduct might be verbal or physical abuse, sexual harassment, racial slurs, or any other discriminatory behavior that relates to an employee’s race, color, religion, sex, national origin, age, disability, or any other characteristic protected under federal and state laws. The key here is subjectivity. In other words, it’s not just about the intention behind the conduct – it’s more to do with how other employees might perceive that behavior and the impact another employee’s words or actions might have on them.
For example, workplace harassment might include:
- Derogatory comments about someone’s race, religion or gender
- Unwanted sexual advances or remarks
- Threatening or intimidating behavior
- Ridiculing someone for their disability
- Deliberately excluding or isolating an employee because of their background or characteristics
As an employer, you have a legal responsibility to prevent and address these types of behaviors so that you create a safe and respectful working environment for everyone on your team, free from workplace bullying and hostile environments.
Workplace Harassment in Florida: Key Laws
As we mentioned in the introduction to this post, there are a number of federal and state anti-discrimination laws that aim to prevent workplace harassment and hostile work environments in Florida. If you are an employer or HR professional, then you need to keep updated on these laws. You also need to make sure that your company policies and procedures reflect the requirements of these regulations, just as you would with other labor laws in Florida such as those relating to workers’ compensation, unemployment compensation, employee tax, the Family and Medical Leave Act (FMLA), the Florida minimum wage and the Florida WARN Act.
So, what are these workplace harassment in Florida laws exactly?
Let’s find out…
Florida Civil Rights Act (FCRA)
The Florida Civil Rights Act (FCRA) is a key state law that protects Florida citizens from harassment and discrimination in a variety of walks of life. This includes employment, housing and public spaces. Specifically, according to the FCRA, discrimination is defined as includes any form of unfair treatment that is based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
Key provisions of this law related to the workplace include:
- Equal employment opportunities. Firstly, employers must make sure that all applicants and employees have equal access to job opportunities, promotions and benefits without discrimination.
- Workplace harassment. Secondly, employers must identify and address any claims of workplace harassment in Florida that could potentially create a hostile work environment.
- Disability accommodations. Thirdly, employers must provide reasonable accommodations for employees with disabilities, provided it does not negatively impact business operations. For example, if an employee has a hearing disability, then you cannot force them to use the phone. Instead, you should accommodate their work so that it can be done via email instead. Or if an employee uses a wheelchair, then you cannot require them to do manual labor.
- Sexual harassment. Finally, under the FCRA, employees have a right to work in an environment that is free from unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that interferes with their work performance or creates an intimidating, hostile or offensive work environment.
This state law is complemented by federal laws including Title VII of the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964
Most employment contracts in the US are “at-will”. This means that an employer can dismiss an employee without notice and without having to establish “just cause” for termination. The only exception to this is if the reason for termination is understood as being illegal.
One of the most common forms of illegal termination relates to discrimination. This is where you dismiss an employee as a direct result of their gender, sexual orientation, race, religion, or disability status. And this protection has been made possible thanks to Title VII.
Title VII of the Civil Rights Act is a federal law that prohibits employment discrimination and harassment based on race, color, religion, sex (including gender, pregnancy, sexual orientation, and gender identity), and national origin. Title VII specifically prohibits discrimination in the terms and conditions of employment, including hiring, compensation, employment benefits, advancement, employment training, assignments, and termination of employment. Moreover, Congress expanded the Act in the late 1970s by passing the Pregnancy Discrimination Act of 1978. This Act clarifies that pregnancy discrimination is classed as unlawful sex discrimination.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) is a federal law that protects employees and job applicants over the age of 40 from age discrimination. This law applies to all aspects of employment, including hiring, promotion, discharge, compensation, or the terms and conditions of employment.
Specifically, the (ADEA) applies to all U.S. employers with at least 20 employees on their books. It also covers state and local governments, employment agencies, and labor organizations.
Americans with Disabilities Act
Finally, the Americans with Disabilities Act (ADA) was signed into law on July 26th, 1990. This federal civil rights law was created to protect people with disabilities from discrimination in all areas of public life. This includes access to schools, jobs, and transportation, and any other private place open to the public.
Essentially, the ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. It ensures that people with disabilities have the same opportunities as everyone else in terms of employment, the purchase of goods and services, and the ability to participate in state and local government programs.
Workplace Harassment in Florida: Legal Implications and Compliance
As an employer in The Sunshine State, it’s essential that you understand and comply with all the state and federal laws aimed at preventing workplace harassment in Florida. If you fail to meet your legal obligations in this sense, you might end up facing lawsuits, fines and a damaged reputation.
So, who regulates these laws?
There are actually a few different state and federal agencies that regulate and enforce the requirements of all the regulations we have just seen.
This includes:
- The Florida Senate. The Florida Senate creates policies that prohibit workplace harassment in Florida. The main aim of this state body is to encourage organizations to create a safe and harassment-free workplace.
- The Florida Commission on Human Relations and the Equal Employment Opportunity Commission (EEOC) enforce all laws related to sexual harassment. These agencies also provide mechanisms for filing complaints in the event that an employee feels they have been a victim of workplace harassment or discrimination.
Municipal Compliance
Certain cities and counties in Florida also have their own local agencies that help employers create a non-hostile working environment.
For example:
Workplace Harassment in Florida: Employer Responsibilities
So, we’ve seen what the law says, but what are your specific responsibilities as an employer in terms of workplace harassment in Florida? How can you prevent workplace bullying and avoid creating a hostile work environment?
Don’t worry, we’ve got you covered!
Here is a list of essential best practices to help you create a workplace culture where each and every one of your employees feels respected, valued and safe.
Develop and Enforce Anti-Harassment Policies
First off, make sure you create and enforce detailed anti-harassment policies and procedures that all your employees have access to. The best way to communicate them is by including them in your employee handbook.
Make sure these policies address the following points:
- Definition. A definition of what constitutes workplace harassment in Florida. It’s a good idea to include examples so that this definition is clear. You can use the list we included earlier in this post.
- Consequences. What will happen if an employee doesn’t meet these standards. Make sure you include a detailed process that clearly outlines the different stages of your disciplinary actions. For example, verbal warnings, written warnings, probation and termination.
- Reporting channels. Include a clear procedure for how employees can report cases of workplace harassment. This should include how they can report a claim and who they need to report to.
Provide Regular Training on Harassment Prevention
Another important strategy for preventing workplace harassment in Florida is offering your employees and managers workplace harassment training. So what is anti-harassment training for employees? There are various types of workplace harassment courses that offer this training. Generally, they focus on different training scenarios in which they explore the fundamentals of harassment. They also advise employees on handling, reporting and preventing harassment. The courses are often available both in-person and online.
Create Clear Reporting and Investigation Procedures
We’ve already mentioned it, but it’s so important that it’s worth saying again. Make sure you create a clear procedure for reporting and investigating claims of workplace harassment. This includes identifying accessible channels that employees can use to report claims in a safe and confidential manner. You also need to make sure that your employees are aware of these channels and that claims can be dealt with anonymously.
In the event that you receive a report of workplace harassment, make sure you investigate the allegation in a prompt, thorough and impartial way. Collect as much information as possible and conduct interviews. Make sure you focus on the facts at hand, not your opinion on anyone’s behavior or reaction. Above all remember that your goal here is to address any complaints and take corrective action against offenders where appropriate. This will help you create a safe and fair environment where employees aren’t afraid of calling out workplace harassment out of fear of retaliation.
Don’t forget to document each stage of your investigation to protect you in the event that a claim is reported to the authorities!
Take Appropriate Corrective Actions
Once you’ve concluded an investigation, make sure you take appropriate corrective actions to address the complaint. This can help you prevent any future incidents related to workplace harassment in Florida. The specific actions you take will depend on the nature of the complaint. However, generally speaking, corrective actions might include:
- Employee counseling. Offer counseling or coaching sessions to educate the offender on acceptable workplace behavior and the consequences of their actions.
- Written warning. Issue a formal written warning to the offender, documenting their behavior and outlining how you expect their behavior to improve.
- Training and education. Insist that the offender attends additional training on workplace harassment prevention to ensure they understand company policies and legal obligations.
- Transfer or reassignment. If all the above doesn’t work, consider transferring either the offender or the victim to a different department or location to prevent further interaction and minimize tensions.
- Suspension or termination. Finally, in cases of severe or repeated offenses, you might need to suspend or terminate the offender to protect the victim and uphold your zero-tolerance policy towards harassment.
Create a Positive Workplace Culture
Finally, the best way to prevent workplace harassment in Florida (or any other state!) is to build a positive workplace culture where all employees understand the importance of respecting their colleagues at all times.
There are a few strategies that can help you with this:
You can find more tips on creating a positive workplace culture free from workplace harassment in Florida with these diversity and inclusion best practices.
How Factorial Can Help You Manage Workplace Harassment in Florida
And that’s basically it! You now know everything you need to know about workplace harassment in Florida. The only thing left to do now is make sure that you create a work environment free from harassment.
So, what’s the secret? Are there any tools that can help you with this?
Of course there are! Factorial’s all-in-one solution includes a number of essential features that can help you prevent workplace harassment in Florida.
This includes:
- Employee pulse surveys that you can use to gather valuable feedback on your workplace culture. This can help you identify potential harassment issues before they become a problem.
- Onboarding & offboarding software that you can use to share your anti-harassment policies with all new starters.
- Analytics and reporting tools that you can use to track reported harassment claims. This can help you identify trends so that you can implement strategies to address them.
- Training dashboard that you can use to create and manage your anti-harassment training programs.
- Document management software so you can securely store all your anti-harassment policies and procedures.
- A compliance calendar to keep you up-to-date with the latest regulations related to workplace harassment in Florida.
- An employee portal that workers can use to safely report harassment incidents and seek support when needed.
