Harassment

What is ''unlawful harassment?''
It is a form of employment discrimination. It is directed at a person or persons because of their protected status and consists of multiple incidents of offensive conduct or one extremely serious act. Harassment based on race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, veteran status, source of income, status as victim of domestic violence or stalking, gender identity or gender expression is prohibited. It creates a hostile or offensive environment and it unreasonably interferes with one's ability to do their job.

Examples of Unlawful Harassment

• Your supervisor reprimands African-American employees for tardiness, but not their Hispanic co-workers
• Your co-worker constantly uses the “N-word” and makes offensive jokes about African-Americans; you complain to the supervisor, but he or she does nothing about it
• Once or twice a week, your co-worker emails sexually oriented jokes and pictures to you and the other employees in the office
• Your supervisor allows younger employees to attend training, but refuses to teach you the new computer system because he says, ''it's tough teaching old dogs new tricks.''

What is ''awful harassment?''
It may be difficult and awful, but not all harassment is illegal. Awful Harrassment is directed at anyone or everyone and is not based on a protected status. Awful harassment may consist of petty, trivial, or annoying acts such as micro- managing or nitpicking.

Examples of Awful Harassment

• Your manager yells and curses at everyone in the office
• The foreman follows employees to the bathroom to make sure they do not leave the job site
• The manager criticizes you for not being a team player
• Your department head does not smile, greet you, or say thank you

What if unlawful harassment occurs?

If you believe you are being harassed, do not ignore it. Immediately report the conduct to your supervisor or, if you are an employee of Miami-Dade County, your department's Fair Employment Practices Liaison (FEPL). You can also file a complaint with the Human Rights & Fair Employment Practices Division (HRFEP).

Employee Rights

• All employees have the right to work in an environment free from all forms of harassment

• All employees have the right to file a discrimination complaint

Employee Responsibilities

• Engage in professional, respectful behavior at all times
• Take advantage of preventative opportunities, such as trainings

Where to File a Discrimination Complaint
If you believe you have been discriminated against, you can file a complaint with the following agencies:

Miami-Dade Commission on Human Rights, Human Rights & Fair Employment Practices Division, Human Resources Department
Employment & Public Accommodations – 180 days to file from the date of incident
Fair Housing - 365 days to file from date of incident
111 NW 1st Street, 21st floor, Miami, FL 33128
Main: 305-375-2784
Fax: 305-375-2114
Website: Miami-Dade Commission on Human Rights, Human Rights & Fair Employment Practices Division, Human Resources Department
Email: [email protected]

Equal Employment Opportunity Commission
300 days to file from date of incident
100 SE 2nd Street, Suite 1500, Miami, FL 33131
Main: 305-808-1740
Toll-Free: 800-669-4000
Fax: 305-808-1855
Website: Equal Employment Opportunity Commission

Florida Commission on Human Relations
365 days to file from date of incident
4075 Esplanade Way, Room 110, Tallahassee, FL 32399
Phone: 850-488-7082
Toll-Free: 1-800-342-8170
Fax: 850-488-5291
Website: Florida Commission on Human Relations

Sexual harassment consists of unsolicited and unwanted offensive sexual advances, sexual conduct or other verbal or physical conduct of a sexual nature that affects an individual’s work environment. Sexual harassment is inappropriate and degrading and should not be tolerated by anyone. It is your right to work in an environment free from any form of harassment, including sexual harassment.

There are three types of sexual harassment:

1. Quid pro quo sexual harassment occurs when an individual submits to sexual advances in exchange for some employment benefit, such as a promotion, or when an individual refuses to submit to sexual advances and is denied an employment benefit.
2. Gender stereotype harassment occurs when an employer, co-worker or supervisor harasses an individual because he or she does not conform to the typical male or female stereotype.
3. Hostile work environment harassment occurs when there is verbal or physical conduct of a sexual nature which unreasonably interferes with a person's job performance or creates a hostile, intimidating or offensive work environment. There must be a pattern of offensive conduct or many incidents of harassment. Typically, one time is not enough unless it is extremely serious.

Conduct that could create a hostile work environment might include:
Verbal: sexual advances, requests for sexual favors, sexual jokes, spreading sexual rumors, remarks about a person’s body or clothing, questions about your sex life.

Nonverbal: leering, whistling, suggestive or insulting sounds, gestures, posting sexually suggestive pictures on office walls or computers, sending inappropriate emails or text messages.

Physical: touching the body (e.g. grabbing, kissing, brushing, patting, pinching, or blocking someone's movement).

Facts about sexual harassment:

• The victim, as well as the harasser, may be a woman or a man
• The victim does not have to be of the opposite sex
• The harasser can be the victim's supervisor, a co-worker, or client or customer
• The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct
• Sexual harassment is not limited to County work hours or premises. It can occur at a conference, restaurant, office holiday party or other event

Take the Pledge
I pledge to respect everyone, no matter what our differences may be.

Where to File a Complaint of Sexual Harassment
If you believe you have been sexually harassed, you can file a complaint with the following agencies:

Miami-Dade Commission on Human Rights, Human Rights & Fair Employment Practices Division, Human Resources Department
Miami-Dade County Government Employees - 365 days to file from date of incident
Non-Miami-Dade County Government Employees – 180 days to file from the date of incident
Fair Housing - 365 days to file from date of incident
111 NW 1st Street, 21st floor, Miami, FL 33128
Main: 305-375-2784
Fax: 305-375-2114
Website: Miami-Dade Commission on Human Rights, Human Rights & Fair Employment Practices Division, Human Resources Department
E-mail: [email protected]

Equal Employment Opportunity Commission
300 days to file from date of incident
100 SE 2nd Street, Suite 1500, Miami, FL 33131
Main: 305-808-1740
Toll-Free: 800-669-4000
Fax: 305-808-1855
Website: Equal Employment Opportunity Commission

Florida Commission on Human Relations
365 days to file from date of incident
4075 Esplanade Way, Room 110, Tallahassee, FL 32399
Phone: 850-488-7082
Toll-Free: 1-800-342-8170
Fax: 850-488-5291
Website: Florida Commission on Human Relations

Miami-Dade County provides equal access and equal opportunity in employment and services and does not discriminate on the basis of disability.

It is the policy of Miami-Dade County to comply with all of the requirements of the Americans with Disabilities Act.