Representing Victims of Workplace Sexual Harassment

Sexual harassment can take many forms, ranging from unwanted flirting to more severe actions such as sexual assault or requiring sexual favors in exchange for job security or promotions. Attorney Michael O. Massey, with his J.D. earned with High Honors from the University of Florida College of Law, has dedicated his practice to protecting victims of workplace harassment since establishing Massey & Duffy, PLLC in 2003.

Drawing on his judicial clerkship experience with Chief Judge Maurice M. Paul in the U.S. District Court, Attorney Massey understands how federal courts interpret and apply sexual harassment laws. It's important to recognize that even verbal harassment—including unwanted jokes, emails, or inappropriate flirtation—can form the basis of a sexual harassment lawsuit. Both federal law (Title VII) and Florida state law strictly prohibit sexual harassment in the workplace.

Types of Sexual Harassment Claims

Attorney Massey's academic excellence, evidenced by graduating in the top 10% of his class and serving as Senior Research Editor for the Florida Journal of International Law, has prepared him to effectively represent clients in various types of sexual harassment cases:

Quid Pro Quo Harassment

This form of harassment occurs when job benefits are tied to sexual conduct:

  • Supervisors demanding sexual favors for promotions or raises

  • Threats of termination or demotion if sexual advances are rejected

  • Conditioning favorable assignments on acceptance of romantic overtures

  • Offering preferential treatment in exchange for sexual relationships

  • Penalizing employees who reject inappropriate requests

Hostile Work Environment Harassment

With his multiple Book Awards in subjects including Evidence and Civil Procedure, Attorney Massey excels at building compelling hostile work environment cases involving:

  • Pervasive sexual jokes, comments, or innuendo creating an offensive atmosphere

  • Unwelcome physical contact ranging from touching to more serious assault

  • Display of explicit or suggestive materials in the workplace

  • Sexually offensive language, emails, texts, or social media communications

  • Gender-based bullying or intimidation with sexual undertones

Sexual Orientation and Gender Identity Harassment

Attorney Massey's comprehensive legal background allows him to address evolving areas of harassment law:

  • Harassment based on actual or perceived sexual orientation

  • Discrimination against transgender or gender non-conforming employees

  • Refusal to respect gender identity or expression

  • Hostile conduct targeting LGBTQ+ employees

  • Harassment related to same-sex relationships

Building Effective Sexual Harassment Cases

Drawing on his experience in construction litigation at Vezina, Lawrence, & Piscitelli, P.A. and Moye, O'Brien, O'Rourke, Hogan & Pickert, P.A., Attorney Massey implements strategic approaches to sexual harassment claims:

Evidence Development

  • Detailed Documentation - Creating comprehensive records of harassing incidents

  • Witness Identification - Locating colleagues who observed inappropriate conduct

  • Electronic Evidence Preservation - Securing emails, texts, and digital communications

  • Reporting Documentation - Preserving evidence of complaints to management

  • Pattern Identification - Establishing ongoing or repeated harassment conduct

Addressing Employer Defenses

Attorney Massey's specialized LL.M. in Taxation and previous experience as an International Tax Senior Consultant at Deloitte & Touche have honed his analytical skills to counter common employer defenses:

  • Faragher-Ellerth Defense Rebuttal - Challenging claims about reasonable care and reporting procedures

  • Prompt Remedial Action Analysis - Assessing whether employer responses were truly effective

  • Welcomeness Assessment - Addressing claims that conduct was invited or reciprocated

  • Severe or Pervasive Standard - Demonstrating how conduct meets legal thresholds

  • Same-Actor Defense Challenges - Countering arguments based on hiring and harassment by the same individual

Warning: Consult an Attorney Before Quitting Your Job

If you've been a victim of harassment, you may be able to recover damages whether you were fired or voluntarily quityour job. However, quitting could make it harder to enforce your legal rights. Courts are typically reluctant to award damages to employees who quit unless the work environment was so intolerable that no reasonable person would continue working there (constructive discharge). Attorney Massey's sophisticated legal background provides him with the expertise to advise clients on this critical decision point.

Before making any decisions about quitting, it's essential to obtain legal advice from an experienced attorney like Michael Massey who understands the nuances of employment law and sexual harassment claims.

Protection Against Retaliation

If your employer or supervisor makes inappropriate advances and you reject them, it is illegal for them to retaliate by lowering your pay, demoting you, or firing you. Attorney Massey's extensive litigation experience enables him to effectively represent clients facing retaliation after reporting sexual harassment.

Retaliation cases often involve:

  • Termination following harassment complaints

  • Negative performance reviews after rejecting advances

  • Reduction in hours or pay after reporting misconduct

  • Transfer to less desirable positions after speaking up

  • Escalation of harassment in response to complaints

You have the right to work in an environment free from such behavior, and Attorney Massey is committed to protecting that right through strategic legal advocacy.

The Sexual Harassment Claim Process

Attorney Massey implements a methodical approach to sexual harassment claims:

Initial Case Assessment

  • Confidential Consultation - Discussing harassment experiences in a safe environment

  • Harassment Pattern Analysis - Identifying legally actionable conduct

  • Documentation Review - Examining available evidence of inappropriate behavior

  • Reporting History Evaluation - Assessing internal complaint procedures and employer responses

  • Damages Assessment - Determining potential compensation for emotional distress and career impact

Strategic Case Development

  • EEOC/FCHR Charge Preparation - Crafting compelling administrative complaints

  • Evidence Preservation - Securing documentation before it disappears

  • Witness Identification - Locating current and former employees who observed harassment

  • Expert Consultation - Working with mental health professionals on emotional impact

  • Settlement Negotiation - Leveraging evidence for favorable pre-litigation resolution

Effective Litigation Strategy

  • Focused Discovery - Targeting key documents and testimony

  • Dispositive Motion Practice - Defeating employer attempts to dismiss valid claims

  • Compelling Trial Presentation - Translating sensitive evidence into persuasive narratives

  • Damages Calculation - Detailed assessment of emotional and economic losses

  • Appeal Preparation - Preserving issues for potential appellate review

Contact a Gainesville Hostile Work Environment Lawyer

If you have been the victim of sexual harassment, it is important to consult an attorney as soon as possible. Delaying action can impact your ability to seek the compensation you are entitled to under the law. At Massey & Duffy, PLLC, Attorney Massey ensures that all communications are held in the strictest confidence and protected by attorney-client privilege.

With his distinguished educational background and commitment to workplace justice, Attorney Massey provides sophisticated representation focused on securing appropriate compensation and accountability for sexual harassment victims.

Contact Attorney Michael Massey at (352) 359-7538 or Massey@352law.com for a confidential evaluation of your sexual harassment case.