Legal Question in Employment Law in Pennsylvania
harrassment in the workplace
For the past 3 months I have made my supervisor (also the owner of this company) aware of a situation with one of my male co-workers. It started with this person touching my leg and I let my supervisor know about this behavior. Also, this person has sent emails to me that were harrassing, I have overheard conversations where he impugns my reputation, team members have told me how he talks badly about me in and out of the office. I requested a meeting with my boss, the co-worker, and myself on several occasions and was never given the opportunity. I have sat down with my boss telling him that this person makes me very uncomfortable and is creating a hostile environment for me. Nothing has been done to discipline this person. I have been told that I need ''thicker skin'', I'm too emotional & that there isn't a conspiracy in the office about me. My boss told me that he will be letting one of the 5 of us who started here in the past 6 months go in December - and it won't be based on our levels of production or seniority. I feel that I am the one to go. I made my boss aware that I am documenting everything and he told me I shouldn't waste my time.
What do I do? The situation is getting worse and worse every day.
2 Answers from Attorneys
Re: harrassment in the workplace
It sounds like you might have a sexual harassment claim. You need to talk to an attorney as soon as possible. If you want to do something legally you have only 180 days from the time of discrimination to file a claim. And, unless the harassment happens quite frequently you should file a claim 180 days from the start of the first incident.
In Pennsylvania you need to go to the Pennsylvania Human Relations Commission to file a claim. An attorney can help you out with this.
Essentially your responsiblities in this situation are to tell the person to stop and notify your supervisor to this behavior. (It seems that you did that.) If the behavior does not stop you should file a claim if your company does not want to stop it. If you are fired because you brought sexual harassment to the attention of the company you might have a case for retaliation.
Re: harrassment in the workplace
The situation you describe is unlawful under both state and federal law. Your employer's failure to take corrective action after you complained makes it responsible for all damges resulting from the hostile work enviroment and presents a strong case for an award of punitive damages. You should contact an attorney promptly to make sure your rights are protected and that you do not do anything to jeopardize your claim. I would be happy to speak to you in more depth about your rights if you call my office at 215-977-7070.
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