What Will Happen to an Employer in Florida if a Sexual Harassment Complaint is Filed Against Them?

Should the EEOC decide not to sue, an individual then has 90 days to file their lawsuit.

Port Saint Lucie, FL—If a current or former employee files a sexual harassment complaint against their employer (i.e. boss, manager, owner of a business) in Florida, either with the U.S. Equal Employment Opportunity Commission (EEOC) or their human resources department, a few things can happen. However, the allegations outlined in their complaint must be substantiated.

1. Disciplinary action may be taken against the employer. 

If the employee filed their complaint with their human resources department, the company will likely decide how to address the issue. The individual may face disciplinary action which might include having to take a leave of absence without pay or they may be permanently released from their duties. 

2. The employer may be asked to settle the issue through mediation. 

If the complaint was filed with the EEOC, the agency may offer the employee and employer the option of resolving their issue through mediation. Mediation serves as a way for both parties to discuss the issue while in the presence of a mediator. While the mediator won’t assign blame, they can provide recommendations for how the parties involved can resolve their problem.

Individuals do need to be aware that mediation occurs before the EEOC conducts an investigation into the sexual harassment complaint. 

3. The EEOC will ask the employer to work with the victim to get the issue resolved.

If the EEOC conducts an investigation and a violation is found, the agency will issue a “Letter of Determination” to the employer and the victim. The EEOC will then work with the parties to try and get the matter settled. If the EEOC is successful at settling the matter, the complainant “will be asked to waive [their] right to go to court.”

4. A lawsuit may be brought against the employer.

An employer can be sued either by the EEOC or the sexual harassment victim if a violation is found but the matter remains unsettled. While the EEOC may decide to take an employer to court, the agency is unable to utilize this form of recourse in all cases. 

Should the EEOC decide not to sue, an individual then has 90 days to file their lawsuit. A Port Saint Lucie, FL sexual harassment attorney at the Law Offices of Stuart M. Address, P.A. will gladly walk a victim through the lawsuit process and even provide them with legal representation. 

Victims of sexual harassment can contact the Law Offices of Stuart M. Address, P.A. to learn more about their options

If an individual was sexually harassed by their employer or a co-worker, a Port Saint Lucie, FL sexual harassment lawyer at the Law Offices of Stuart M. Address, P.A. is ready to help. Although one might worry about being retaliated against or having their allegations ignored, the attorneys at the Law Offices of Stuart M. Address, P.A. don’t handle sexual harassment complaints lightly.