WORKPLACE ANTI-HARASSMENT POLICY
(Florida Jurisdiction – Comprehensive Template)
[// GUIDANCE: This template is deliberately robust. Counsel should revise to fit the Client’s size, industry, and existing handbooks, and to ensure consistency with any collective bargaining agreements or employment contracts in force.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title.
Workplace Anti-Harassment Policy (the “Policy”)
1.2 Parties.
This Policy is issued by [COMPANY NAME], a [STATE OF INCORPORATION] [ENTITY TYPE] (the “Company”), and applies to:
a. all Company employees, officers, directors, interns (paid or unpaid), volunteers, and applicants for employment; and
b. all third parties who perform services for, or on behalf of, the Company at any worksite controlled by the Company (collectively, “Covered Persons”).
1.3 Effective Date. [EFFECTIVE DATE] (“Effective Date”).
1.4 Governing Law & Jurisdiction.
This Policy shall be construed in accordance with the laws of the State of Florida and, where applicable, federal law (collectively, “Applicable Law”).
2. DEFINITIONS
For purposes of this Policy, the following capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms. Cross-references are provided parenthetically.
“Complaint” – A Good-Faith written or verbal allegation of Harassment, submitted pursuant to §5.3.
“Good-Faith” – An honest belief, supported by facts, that conduct constituting Harassment or Retaliation has occurred.
“Harassment” – Unwelcome conduct based on a Protected Characteristic that either (a) is made a term or condition of employment, (b) is used as the basis for employment decisions, or (c) unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment. Harassment expressly includes Sexual Harassment.
“Policy Administrator” – The individual(s) designated by the Company to receive Complaints and oversee investigations under §5.1.
“Protected Characteristic” – Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, genetic information, marital status, veteran status, or any other characteristic protected under Applicable Law. (42 U.S.C. § 2000e; Fla. Stat. § 760.10).
“Retaliation” – Adverse action taken against a Covered Person for exercising rights under this Policy or Applicable Law.
“Sexual Harassment” – Any unwelcome sexual advance, request for sexual favor, or other verbal/physical conduct of a sexual nature meeting the criteria in the definition of Harassment.
3. OPERATIVE PROVISIONS
3.1 Statement of Zero-Tolerance.
The Company maintains a zero-tolerance stance toward Harassment and Retaliation. Any violation of this Policy is grounds for discipline up to and including termination (§6).
3.2 Scope of Coverage.
This Policy applies to conduct that:
a. occurs on Company-controlled premises;
b. occurs off-premises during Company business, travel, or events; or
c. has a nexus to the workplace (e.g., digital communications affecting the work environment).
3.3 Training Requirements (Florida-Specific).
a. Initial Training. Each Covered Person shall complete interactive anti-harassment training within thirty (30) calendar days of hire or engagement.
b. Refresher Training. All Covered Persons shall complete refresher training at least once every two (2) years.
c. Supervisory Training. Supervisory Employees shall receive enhanced training addressing obligations to prevent and correct Harassment.
d. Content Minimums. Training shall include: (i) definitions and examples of Harassment and Retaliation; (ii) obligations to report; (iii) the Company’s investigative process; and (iv) available remedial measures.
[// GUIDANCE: While Florida law does not currently mandate harassment training, proactive training is strongly recommended to reduce liability exposure under Title VII and the Florida Civil Rights Act.]
3.4 Prohibited Conduct.
Prohibited conduct includes, but is not limited to:
1. Epithets, slurs, or negative stereotyping based on a Protected Characteristic;
2. Threatening, intimidating, or hostile acts;
3. Denigrating jokes or written/graphic material;
4. Unwelcome sexual advances, touching, or propositions;
5. Display or distribution of sexually explicit or derogatory materials;
6. Conditioning employment benefits on submission to Harassment.
4. REPRESENTATIONS & WARRANTIES
4.1 Employee Acknowledgment. Each Covered Person represents that they will read, understand, and comply with this Policy as a condition of employment or continued engagement.
4.2 Company Commitment. The Company warrants that it will:
a. promptly investigate all Complaints in accordance with §5.4;
b. maintain confidentiality to the greatest extent feasible; and
c. take effective remedial action when Harassment is substantiated.
5. COVENANTS & RESTRICTIONS
5.1 Designation of Policy Administrator.
[NAME/TITLE] shall serve as initial Policy Administrator. The Company may appoint additional or successor administrators by written notice.
5.2 Duty to Cooperate.
All Covered Persons must fully and truthfully cooperate with any investigation conducted under this Policy. Failure to cooperate constitutes misconduct subject to discipline.
5.3 Reporting Procedures (Multi-Channel).
a. Internal Reporting. Covered Persons may submit a Complaint to:
i. Any supervisor or manager;
ii. Human Resources at [HR EMAIL / HOTLINE];
iii. The Policy Administrator directly.
b. Anonymous Reporting. An anonymous hotline [HOTLINE NUMBER] and online portal [URL] are available 24/7.
c. External Reporting. Covered Persons retain the right to file charges with the U.S. Equal Employment Opportunity Commission (“EEOC”) or the Florida Commission on Human Relations (“FCHR”).
d. Good-Faith Requirement. Knowingly false or malicious Complaints may result in discipline.
5.4 Investigation Protocols (Florida-Specific).
a. Initial Assessment. Within five (5) business days of receiving a Complaint, the Policy Administrator shall determine whether interim measures are warranted (e.g., schedule changes, separation of parties).
b. Investigation Timeline. The investigation should be completed within thirty (30) calendar days, subject to extension for good cause with written notice to the complainant.
c. Investigator Qualifications. Investigations may be conducted by trained internal staff or independent, impartial third-party investigators.
d. Documentation. All investigative steps, findings, and remedial actions shall be documented and retained for at least seven (7) years.
e. Outcome Communication. Parties shall receive written notice of the investigation’s completion and whether remedial action was taken, without disclosing confidential personnel information.
5.5 Non-Retaliation.
The Company strictly prohibits Retaliation. Complaints of Retaliation shall be processed under §§5.3-5.4.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute violations (“Defaults”):
a. Engaging in Harassment;
b. Failing to report witnessed Harassment by supervisory personnel;
c. Retaliating against a Covered Person for exercising rights under this Policy;
d. Breaching the duty to cooperate in an investigation.
6.2 Disciplinary Measures (Graduated).
Depending on severity and prior history, remedies may include:
1. Verbal or written warning;
2. Mandatory training or counseling;
3. Suspension (paid or unpaid);
4. Demotion or change of assignment;
5. Termination of employment or contract;
6. Other appropriate corrective action.
6.3 Injunctive Relief.
The Company reserves the right to seek injunctive relief in any court of competent jurisdiction to prevent ongoing Harassment or Retaliation.
6.4 Attorneys’ Fees.
To the maximum extent permitted by Applicable Law, the Company may recover its reasonable attorneys’ fees and costs incurred in enforcing this Policy against a Covered Person found to have committed deliberate and egregious Harassment.
7. RISK ALLOCATION
7.1 Employer Liability & Indemnification.
The Company shall indemnify and defend its supervisory employees against third-party claims arising out of actions taken in good-faith enforcement of this Policy, subject to statutory limitations and exclusions for willful misconduct.
7.2 Limitation of Liability.
Nothing in this Policy is intended to waive or limit any liability cap or defense available under Title VII, 42 U.S.C. § 2000e et seq., or the Florida Civil Rights Act, Fla. Stat. § 760.10 et seq.
7.3 Insurance.
The Company shall maintain Employment Practices Liability Insurance (EPLI) with limits not less than [COVERAGE AMOUNT] per claim.
7.4 Force Majeure.
Performance of training and investigative timelines may be reasonably extended due to events beyond the Company’s control (e.g., natural disasters, public health emergencies).
8. DISPUTE RESOLUTION
8.1 Governing Law. Florida law governs, except where preempted by federal law.
8.2 Forum Selection. Any civil action arising from or relating to this Policy shall be brought exclusively in the state courts located in the county where the principal Florida workplace is situated.
8.3 Limited Arbitration.
a. Scope. Claims alleging breach of contractual provisions of this Policy (excluding statutory discrimination claims) shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
b. Reservation of Rights. Statutory discrimination, harassment, and retaliation claims may be pursued in court consistent with Applicable Law.
8.4 Jury Trial.
Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Mediation Encouraged.
The parties are encouraged, but not required, to mediate any dispute prior to litigation or arbitration.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver.
The Company may amend this Policy at any time by written notice. No unwritten waiver of any provision is effective.
9.2 At-Will Employment.
Nothing in this Policy alters the at-will status of any employee.
9.3 Assignment.
Covered Persons may not assign rights or delegate obligations under this Policy.
9.4 Severability.
If any provision is held unenforceable, remainder provisions shall continue in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to achieve its intent.
9.5 Integration.
This Policy supersedes all prior anti-harassment policies of the Company.
9.6 Electronic Signatures.
Electronic signatures or acknowledgments shall be deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned have executed this Policy as of the Effective Date.
| FOR THE COMPANY | EMPLOYEE / COVERED PERSON ACKNOWLEDGMENT |
|---|---|
| [AUTHORIZED SIGNATORY NAME] | [EMPLOYEE NAME] |
| Title: [TITLE] | Date: [DATE] |
| Date: [DATE] | Signature: _____ |
| Signature: _____ |
[// GUIDANCE: Employers should retain signed acknowledgments in personnel files and re-obtain acknowledgments upon any material Policy amendment.]