Legal Question in Sexual Harassment in Pennsylvania
What constitutes retaliation?
I turned my boss into personnel 4 years ago for blatent verbal sexual harrassment. There were numerous incidents, which I had documented in order to file my complaint. The verbal sexual harassment stopped immediately after my complaint but in the past few years I am constantly being belittled by my boss, for instance if I ask him a question he will answer it but if I turn away and look back at him he is mimicking me and making faces as if I am a moron. My performance evaluations have deteriorated to the point where I write rebuttels to put into my personnel files as he is in charge of both raises and evaluations. I strongly feel that he is retaliating against me for turning him in years ago but he is careful to avoid sexual innuendo.
I feel that I am constantly being scrutinized and any mistakes I make I feel are a cause of celebration for my boss. My health has deteriorated since the initial incident and I am terrified that I am going to lose my job-just going to work knowing that I am constantly being watched and evaluated is very draining. Have I bypassed my opportunity to file suit? I feel I have tolerated more than any reasonable person should-but am I now a victim of poor management or sexual harrassment retaliation?
1 Answer from Attorneys
Re: What constitutes retaliation?
Retaliation under the discrimination laws occurs when someone participates in a protected activity and the employer punishes a person for doing so. Bringing up a claim of sexual harassment is a protected activity under both PA and Federal Laws. If your boss' reasons for giving you a hard time and giving you bad evaluations are not true then, quite possibly, he has committed retaliation against you.
You should seriously consider talking with an employment attorney about your case and/or filing a complaint with the Pennsylvania Human Relations Commission or EEOC. You have only 180 days to file a claim in Pennsylvania.
If you have any questions please feel free to call.
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