In previous postings, we reported that the Eleventh Circuit Court of Appeals (which covers Florida) held that "mere flirting" in the workplace is not actionable because it is part of workplace socializing. In that case, Corbitt v. Home Depot U.S.A., Inc., No. 08-12199 (11th Cir., 2009), two employees were subjected to comments, caressing, unwanted hugs, stroking of their hair, and touching of their thighs by their supervisor. The two employees were also subjected to sexually harassing telephone calls, invitations to go out for drinks, and comments about their appearances, such as being "cute" and the color of their hair and their private parts, as wells as suggestions that they would "like it" if they went out with their supervisor. On several occasions the supervisor would forcefully hug the employees in front of other employees and in company meetings. The conclusion in that case was that the conduct in question was just not pervasive enough to constitute sexual harassment. See Court Holds that "Mere Flirting" in the Workplace is Fine; Sexual Harassment Must be Pervasive in Order to be Illegal, Miami Employment Lawyer Blog, October 11, 2009.
Last week, the U.S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in U.S. District Court for the Middle District of Florida against two Florida-based travel telemarketing firms on behalf of five female employees that were allegedly sexually harassed by their supervisors. In that case, U.S. EEOC v. Four Amigos Travel, Inc., et al., No. 8:11-CV-1163-T-26 MAP, the EEOC alleged that several male supervisors, including the general manager, conducted daily sales meetings in which there were sexually charged and sexually explicit discussions. The supervisors and managers also allegedly openly propositioned female employees for sex, inappropriately touched themselves, inappropriately touched the female employees, made other aggressive sexual advances towards them and used sexually derogatory terms. One of the supervisors is alleged to have shown a photo of his private parts to a female employee and bragged about it.
Although it is difficult to compare the conduct in the Four Amigos Travel case case with the Home Depot case, it appears that the EEOC is confident that the conduct in their recently filed case is sufficiently pervasive to constitute sexual harassment. The EEOC stated that the women were offended and intimidated by the harassment and were ridiculed for complaining about it. Nevertheless, we will watch this case closely and draw comparisons to the Home Depot decision as the case develops.
If you have questions regarding sexual harassment in the workplace, contact the Law Offices of Santiago J. Padilla, P.A. as soon as possible. Based in Miami, Florida, we represent employers and employees throughout South Florida in employment cases. To set up an initial consultation, you can contact us through the Internet or call us at (305) 358-1949.
