Legal Question in Sexual Harassment in Pennsylvania
Girls harrassing girls
My 10 year old daughter uses a private club locker room with older girls ages 12-14. They aggressively taunt and tease her about her small breasts and her lack of pubic hair. They call her a boy. They have slapped her on the back in the shower and on the thigh in the locker room. They have made remarks about physically hurting her and have stolen her possessions. Is this sexual harassment?
1 Answer from Attorneys
Re: Girls harrassing girls
You asked if certain activities constitute sexual harassment.
In PA the activities you described would not constitute sexual harassment and to my knowledge are not legally actionable at all. The proprietor of the club or the parents of the children would be the appropriate parties to handle such a matter.
To be sexual harassment the action would need to be overtly sexual in nature and be exercise of authority (actual or colorable) in such a manner as to be unnecessarily oppressive or discriminatory.
The action you describe would be a form of adolescent taunting and not sexual in nature. While it focuses attention on the sexual parts of the body the intent is not likely to be intended as a sexual overture or discriminatory to a protected class of persons.
Or you could always buy the girl a merkin. How about telling her to tell the girls that everybody who's anybody shaves now. This is probably, and hopefully, the only time in my professional life that I will ever suggest Britney Spears and her cohort as role models. But they are all smooth as the tabloids are all too eager to show us.
Really, you know the answers to these questions. Its kids being kids. Sooner or later they'll move on to making someone else's life hell and eventually... Well, you've been to your high school reunions and know exactly how those girls turn out.
Regards,
Roger