Quitting for sex harassment warrants unemployment comp

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in Discrimination and Harassment,Human Resources

Employees who can show they quit their jobs because of unresolved complaints about sexual harassment are entitled to unemployment benefits.

Recent case: Margarita Hernandez is a single mother who worked for a commercial real estate company. She claimed she quit her job after the owner sexually harassed her and refused to stop after she complained. She did not, however, report the incident to anyone outside the company or go to the police.

She applied for unemployment compensation, and was initially rejected because she hadn’t complained to anyone outside the company. After the decision was reversed, the company appealed. But the court said Hernandez’s actions were understandable, since she is her child’s sole source of support. She got the benefits. (940 Lincoln Road Enterprises v. Hernandez, et al., No. 3D10-3329, Court of Appeals of Florida, 2011)

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