• Say No Clearly. Make it clear you find the behavior offensive and the attention unwanted. If it continues, write a memo to the harasser asking him to stop; keep a personal copy.

• Document the Harassment. Write down each incident including date, time and place in your personal diary and do not leave your diary at work. Detail what happened and include your response. This information will be useful if you take legal action. If there is any DNA evidence, preserve it in a paper bag. Do not use a plastic bag.

• Get Emotional Support. Sexual harassment is not your fault. Let your friends, family, doctors or your church or synagogue support you.

• Document Your Work. Keep copies of performance evaluations and memos that attest to the quality of your work. The harasser may question your job performance in order to justify his behavior.

• Are there other Victims or Witnesses? You are probably not the first person who has been mistreated by this individual. Discretely ask around; you may find others who endured the same problems.

• Follow Company Policies. The law requires you to use any grievance procedures or other channels detailed in your employee handbook, company policies, etc. If you're in a union, get the union steward involved right away.

• File a Complaint. Contact an attorney to help you file charges with the appropriate agencies (such as the EEOC) within 300 days of the first acts of harassment. The employer's EEO department is not the same as the federal government's EEOC agency. They are entirely different entities. In general, the sexual harassment laws apply to companies with 15 or more employees. However, Florida's state laws may protect you in some specific instances. An employment attorney will help determine which laws apply.

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific factual situations, legal issues, concerns and conditions always require the advice of appropriate legal professionals.

Law Offices of Carol Swanson
801 North Magnolia Avenue, Suite 418
Orlando, Florida 32803
407 841-9955
Fax 407 425-6976