Legal Question in Sexual Harassment in Pennsylvania
Is this a case of sexual harassment?
I sent a coworker an anonymous and friendly note (by US mail). In it I asked him to call me if he was interested in getting together for massage therapy. He called me, gave me his phone number, and then asked me to meet him at work so we could arrange a future get-together. He still didn't know who I was. The next day I left a note in his company mailbox revealing my identity and asking him to call me at work. He went to his supervisor and said I was sexually harassing him. It appears that once I revealed my identity, he changed his story from one of interest to harassment. Is this really sexual harassment? We don't even work in the same department; I never see him. My manager is supporting me completely. I am now waiting for labor relations to conclude the investigation. If this individual told me my interaction with him was unwelcome, I would have stopped immediately. Both parties are male. What are my rights in this case and should I retain a lawyer? Thank you.
1 Answer from Attorneys
Re: Is this a case of sexual harassment?
You should be especially careful not to contact
that man again. If he even says you approached him again, your goose could be cooked.
Is he gay (also)? If not, I think realistically speaking you could and should have expected a strong reaction. Many (perhaps most) hetero men are homophobic -- when it comes to being approached. In your letter did you say or imply that you were male?
All that aside, I must say that I don't think the situation fits the classic cases of sexual harassment in the workplace envisioned by federal law. There were "unwelcome advances" so that part fits, but a) you were neither his superior or in a position of power relative to him, so the quid-pro-quo (sleep with me to keep your job or get a raise) version of s.h. doesn't apply, nor does sex pervade the environment raising it to a level where there could be said to be a hostile environment in the workplace. Those tests, however, apply more to companies than to individuals and I don't know how to advise you on your personal liability except to warn you of this:
a) Your boss may seem to be behind you, etc., but he actually cannot take such a stance; don't feel too betrayed if you find yourself in trouble
even in spite of his ostensible support.
b) There is a duty on the part of a company to take steps reasonably calculated to cure any such a problem when it is reported to them. That means they cannot just ignore a possible problem; they must do something, perhaps fire you or give you a day off or send you to some course or something to prevent you from doing this again.
For a) or b), don't be offended and alarmed; they've got to do what they've got to do.
But I can't in good conscience say "don't take it personal" because it IS personal, I'm sure.
Frankly, I don't know enough about this body of law to advise you so I suggest you take what I say with a grain of salt and call another lawyer local to you (in your state!) for advice.