Legal Question in Employment Law in Pennsylvania

gender discrimination, harassment, retaliation

Hired 6/98. Male associate hired 9/98. Male associate tried rubbing up against me, i rebuked him. Since then he has trumpted up incidents of my lack of professionalism and/or knowledge and has ''ran to the partner with various allegations. to the point of accusing me of wrongdoings when in fact it was another employees mistake. partner always sides with male associate to the point of vertal abuse. in recent review, i was told that my performance not up to par, additionally if i could not get along with male associate, i could leave. also told to make a 2 on 1 meeting with male associate to clear the air, male associate did not respond to my request, feeling that this is a set up to fire me. any input.


Asked on 12/31/00, 2:09 am

1 Answer from Attorneys
Richard O'Neill The O'Neill Law Office

Re: gender discrimination, harassment, retaliation

One of the first things you must do is tell the company: tell your boss and tell the human resources department (preferrably in writing). If you don't tell the company they can't help you.

You also need to have a one on one with you boss and find out what he thinks about your performance and where he gets his information from. Is he basing his opinion on your co-worker or his evaluation of you.

The rubbing against you, if proven, can be construed as sexual harassment. Under Pennsylvania law and federal law it is illegal. You probably could file a claim based on the harassment. But, you can only file a claim within 180 days of the harassment. Therefore if he rubbed up against you in 9/98 that "rubbing" is beyond the limits and you couldn't recover for it. Unless the "rubbing" was a part of continuous harassment. But, in general, you have to notify your employer of this harassment and generally give them an opportunity to correct it.

It sounds like you need to speak with an attorney. You should do so soon. If you want to call me to talk feel free to do so. I can be reached at (610) 635-5555.

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Answered on 1/04/01, 8:24 am


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