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Is It Hard to Prove Harassment in the Workplace?

— February 4, 2022

The employee will also need to file their claim within a certain amount of time, as the statute of limitations will prevent them from taking action if they wait too long.

It’s easy to be skeptical about claims of workplace harassment – especially if you’re a business owner in Florida. You may have special knowledge about your employees, your work culture, and the likelihood of someone fabricating claims of sexual harassment. But how hard will it be for an employee to actually prove that the harassment took place? Will the courts blindly believe the allegations made against your company? What happens if they successfully convince everyone that they were sexually harassed in Florida?

These are all important questions, and they are best left answered by a legal professional. Get in touch with a qualified, experienced sexual harassment defense attorney near me, and you can strive for the best possible outcome in an efficient manner. With help from one of these lawyers, you can start to create effective defense strategies, allowing you to maintain the financial well-being and reputation of your company. 

The Burden of Proof

First of all, you should know that the burden of proof is always on the accuser. In other words, you are innocent until proven guilty. It is the accuser’s responsibility to show “beyond reasonable doubt” that they were harassed at your workplace. This means that fabricated claims of sexual harassment have little chance of success, and you can feel relatively confident if you know for a fact that the incident never actually happened. 

Harassment Can Still be Illegal with Consent

Telehealth Informed Consent and Insurance Reimbursement
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With all that being said, you should know that the accuser may not necessarily need to prove that the sexual interaction occurred without their consent. This is because “quid pro quo” sexual harassment is still illegal. In this situation, two employees of unequal status form a sexual relationship. For example, a boss and their underling might engage in a sexual relationship. Because the boss has a certain degree of power and influence over the other employee, this is deemed inappropriate. Even if the subservient employee consents to the relationship, it is still illegal. The logic is that the subservient employee might feel reluctant o end the relationship or refuse the sexual advances because they fear being fired or demoted. 

Other Factors

The employee will also need to file their claim within a certain amount of time, as the statute of limitations will prevent them from taking action if they wait too long. In addition, they cannot file this type of lawsuit if they have been classified as an independent contractor. These factors may make it even more difficult for an employee to file a harassment lawsuit. 

Where Can I Find a Jacksonville Harassment Defense Attorney Near Me?

If you’ve been searching for a Jacksonville harassment defense attorney near me, there are many options available to you. The sooner you get in touch with one of these legal professionals, the better. Once you touch base with a lawyer, you can start to explore your options and consider various defense strategies. With their assistance, you can avoid financial and legal consequences while continuing to contribute to Florida’s great economy. 

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