Mark J. Berkowitz
Sexual Harassment Attorney
Mark J. Berkowitz
Sexual harassment involves unlawful discrimination based upon gender. Such claims may be based either on a “hostile work environment,” or upon the forcible exchange of sexual favors on a “quid pro quo” basis. Filing proper claims on these issues and the conduct of any subsequent investigation are critical issues. Under either theory of sexual harassment, either “hostile environment,” or “quid pro quo,” the Law Firm of Mark J. Berkowitz, P.A. in Fort Lauderdale can provide effective legal and practical strategies for dealing with these gender based employment discrimination issues.
Fort Lauderdale Sexual Harassment Attorney
Sexual harassment laws help define the nature of the relationship between employer and employee. A Fort Lauderdale sexual harassment attorney may define sexual harassment as unwelcome sexual advances or unwelcome conduct or acts of a sexual nature that occur in the workplace. However, what exactly constitutes sexual harassment depends on the facts and circumstances of each case.
Overt Sexual Advances
If an employer offers a work-related benefit in return for any act that is sexual in nature, or alternatively threatens a work penalty for such a refusal, that is considered sexual harassment. Known as quid pro quo, this form of harassment is more obvious and easier to prove than other forms.
This form of sexual harassment is more complex. It may be created by either physical conduct or verbal conduct. The standard the lawyer must prove is that the conduct is severe or pervasive enough that a reasonable person would consider it abusive. Typically, therefore, a single incident, unless especially egregious, will likely not be deemed harassment. Nor, cautions a Fort Lauderdale sexual harassment attorney, may offhand remarks or jokes in poor taste rise to that level.