Quick Answer
Comprehensive guide to Florida sexual harassment law covering FCRA requirements, employer liability, filing FCHR complaints, and worker protections in the Sunshine State.
Florida workers are protected from sexual harassment under both federal law and the Florida Civil Rights Act (FCRA). While Florida law generally mirrors federal standards, the state agency (FCHR) provides an additional avenue for pursuing claims with a longer filing deadline. Understanding your rights is the first step toward addressing workplace harassment.
Quick Facts: Florida Sexual Harassment Law
| Topic | Florida (FCRA) | Federal (Title VII) |
|---|---|---|
| Employer Coverage | 15+ employees | 15+ employees |
| Filing Deadline | 365 days | 300 days |
| Damage Caps | Yes (matches federal) | $50,000-$300,000 |
| Agency | FCHR | EEOC |
What Is Sexual Harassment?
Types of Sexual Harassment
Quid Pro Quo Harassment:
- Employment decisions conditioned on sexual favors
- Threats for refusing advances
- Promises for sexual compliance
Hostile Work Environment:
- Severe or pervasive unwelcome conduct
- Creates intimidating work environment
- Unreasonably interferes with work performance
Conduct That May Constitute Harassment
Examples include:
- Unwanted touching or physical contact
- Sexual comments, jokes, or innuendo
- Requests for sexual favors
- Displaying sexually explicit materials
- Sexual gestures or leering
- Spreading sexual rumors
- Offensive emails, texts, or messages
Florida Civil Rights Act
Coverage
FCRA applies to:
- Employers with 15+ employees
- State and local government
- Employment agencies
Follows federal standards:
- Same coverage threshold as Title VII
- Similar liability framework
- Comparable damage caps
Filing Deadline Advantage
365 days to file with FCHR (compared to 300 days for EEOC)
This gives Florida workers more time to:
- Consult with attorneys
- Gather evidence
- Consider options
Employer Liability
Supervisor Harassment
Automatic liability when:
- Supervisor's harassment leads to tangible action
- Termination, demotion, or adverse change
Affirmative defense for hostile environment:
- Employer took reasonable preventive measures
- Employee failed to use available complaint procedures
Co-Worker Harassment
Employer liable if:
- Knew or should have known
- Failed to take prompt corrective action
Customer/Third-Party Harassment
Employer may be liable if:
- Knew of harassment
- Failed to take reasonable steps within control
Filing a Complaint
Florida Commission on Human Relations (FCHR)
Filing deadline: 365 days from harassment
How to file:
- Online at fchr.myflorida.com
- By mail or fax
- Phone: 850-488-7082
Process:
- File complaint with FCHR
- Investigation (if accepted)
- Determination issued
- Request administrative hearing or file lawsuit
EEOC Filing
Filing deadline: 300 days
Florida EEOC offices:
- Miami District Office
- Tampa Field Office
Cross-filing:
- Work-sharing agreement between FCHR and EEOC
- Filing with one can preserve rights with both
Private Lawsuit
After exhausting administrative remedies:
- File in state or federal court
- Pursue state and federal claims together
Remedies Available
Damages
Economic damages:
- Back pay
- Front pay
- Lost benefits
Compensatory damages:
- Emotional distress
- Mental anguish
- Subject to caps
Punitive damages:
- For intentional misconduct
- Subject to caps
Damage Caps
| Employer Size | Maximum |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $300,000 |
Other Relief
- Reinstatement
- Promotion
- Policy changes
- Attorney's fees
Retaliation Protection
Protected Activities
Florida law protects employees who:
- Report harassment
- File complaints with FCHR or EEOC
- Participate in investigations
- Oppose harassing conduct
Prohibited Retaliation
Employers cannot:
- Fire or demote
- Reduce pay or hours
- Create hostile environment
- Deny opportunities
Practical Steps
Document Everything
- Dates, times, locations
- What was said or done
- Witnesses
- Your response
- Impact on work
Report Internally
- Follow company procedures
- Report in writing
- Keep copies
- Note responses
Preserve Evidence
- Save emails and texts
- Take screenshots
- Note witness information
- Keep performance reviews
Common Questions
How long do I have to file?
You have 365 days to file with FCHR or 300 days with EEOC. File as soon as possible to preserve your rights.
What if my employer has fewer than 15 employees?
Neither FCRA nor Title VII covers employers with fewer than 15 employees. You may have limited state law options. Consult an attorney.
Can I sue my harasser personally?
Individual harassers generally cannot be sued under Title VII or FCRA. However, you may have common law claims. Consult an attorney about all options.
Finding Legal Help
Free Resources
- FCHR: fchr.myflorida.com{rel="nofollow"} | 850-488-7082
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
- Florida Legal Services: floridalegal.org
Employment Attorneys
Most work on contingency:
- No upfront fees
- Free consultations
- Attorney paid from recovery
Related Resources
- Florida Workplace Discrimination
- Florida Workplace Retaliation
- Miami Employment Law
- Tampa Employment Law
Legal Disclaimer
This guide provides general information about Florida sexual harassment law and is not legal advice. For advice about your situation, consult a licensed Florida employment attorney.
Official Resources:
- FCHR: fchr.myflorida.com{rel="nofollow"} | 850-488-7082
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
Frequently Asked Questions
What is types of Sexual Harassment?
What is conduct That May Constitute Harassment?
How does filing Deadline Advantage work?
What is supervisor Harassment?
What is co-Worker Harassment?
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