Demand Letter Response
(Employer to Employee) (FL)

Summary

This template is a demand letter response to a claim by an employee alleging sexual harassment for use in Florida. This template includes practical guidance, drafting notes, and alternate and optional clauses. Sexual harassment is considered a form of sex discrimination under Fla. Stat. § 760.10(1)(a) of the Florida CRA. Sexual harassment claims are construed under the same framework as sexual harassment claims arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. See Title VII Compliance Issues and Harassment Claim Prevention and Defense. The doctrines of hostile work environment and quid pro quo harassment are recognized under the Florida CRA. The same standards that apply to such claims under Title VII apply to claims arising under the Florida CRA. See Maldonado v. Publix Supermarkets, 939 So. 2d 290 (Fla. Dist. Ct. App. 4th Dist. 2006); Blizzard v. Appliance Direct, Inc., 16 So. 3d 922 (Fla. Dist. Ct. App. 5th Dist. 2009). In addition to sexual harassment claims, this template also provides a good template and format for responding to demand letters asserting other types of claims. For more information of sexual harassment claims in Florida, see Discrimination, Harassment, and Retaliation (FL). This template is intended for private employers. It is based on federal and Florida law and does not address all other potential state or local law distinctions; thus, you should check any relevant state and local laws. For resources on employment litigation, see Employment Litigation Resource Kit. For information on responding to demand letters, see Demand Letter Responses: Key Considerations. For a template used to procedure that may be implemented by Florida employers for employees to report claims of discrimination and harassment, see Complaint Procedure (FL).