Can a Man Be the Victim of Workplace Sexual Harassment in Florida?

Sexual harassment in the workplace in not acceptable. No person should be forced to endure such terrible conditions. Notably, the sexual harassment laws for the workplace are gender neutral. A man can absolutely be the victim of workplace sexual harassment. He is entitled to the same legal protections as are his female co-workers. In this article, you will find a more detailed overview of the workplace sexual harassment laws for men in Florida.

Federal Law: Title VII of the Civil Rights Act of 1964 

Workplace sexual harassment claims in Florida arise primarily under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. Title VII prohibits discrimination “because of sex.” The statute does not distinguish between male and female victims. It protects any employee subjected to unwelcome conduct based on sex that affects the terms, conditions, or privileges of employment. 

The United States Supreme Court confirmed in the case of Oncale v. Sundowner Offshore Services, Inc. that both opposite-sex and same-sex harassment is actionable under Title VII. A male employee may bring a claim against a female supervisor, a male supervisor, or male co-workers. The controlling question is not the gender of the parties. The issue is whether the conduct occurred because of sex and created an unlawful work environment or tangible employment harm.

Florida Law: The Florida Civil Rights Act

Florida law mirrors federal protections. The Florida Civil Rights Act (FCRA), Fla. Stat. § 760.10, prohibits discrimination in employment on the basis of sex. Courts interpret the FCRA consistently with Title VII. As a result, the legal standards governing male victims in Florida generally track federal precedent. A male employee who experiences sexual harassment in Florida may pursue administrative remedies through the Florida Commission on Human Relations or file with the Equal Employment Opportunity Commission. 

Two Primary Theories: Quid Pro Quo and Hostile Work Environment 

Courts recognize two principal forms of actionable sexual harassment. Here is an overview:

• Quid Pro Quo Harassment: It occurs when a supervisor conditions employment benefits on submission to sexual conduct. A male employee may face demotion, termination, or loss of promotion opportunities if he refuses sexual advances.
• Hostile Work Environment Harassment: It arises when unwelcome sexual conduct is sufficiently severe or pervasive to alter the conditions of employment. The standard is both subjective and objective. The employee must perceive the environment as abusive, and a reasonable person in the same position must also find it hostile.

Isolated comments rarely suffice. However, repeated sexual propositions, graphic comments, unwanted touching, or humiliating conduct can satisfy the threshold. An experienced Florida sexual harassment lawyer can help you determine the best path forward.

Get Help From a Florida Workplace Sexual Harassment Lawyer for Men

Men in Florida are protected by workplace sexual harassment laws just the same as women. If you are a man who was subject to sexual harassment while on the job, an experienced Florida employment attorney can protect your rights.