Legal Question in Sexual Harassment in Pennsylvania

off color joke

I was fired for showing a female cowoker an off color joke.

She said she was affended by the joke. Is that considered sexually harrasment and grounds for termination of employment.


Asked on 1/19/05, 8:52 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: off color joke

Pennsylvania is an "at-will" employment state, meaning that an employer can fire you for any reason, or no reason, so long as the reason is not discriminatory (e.g., that they didn't fire you because you were of a certain sex, race, etc.)

If a company wishes to fire you for telling an off color joke, they may do so, so long as they fire others who do so as well who are not of the same sexual, racial, etc., group that you are in.

As to your question of whether your behavior is sexual harassment--it could be. From what you describe--a one time event--it wouldn't necessarily (but could) rise to the legal definition of sexual harassment. That type of behavior, though, is indicative of sexual harassment.

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Answered on 1/19/05, 9:00 pm


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