Legal Question in Sexual Harassment in Pennsylvania
Sexual Harassment
I work in a company with less than 5 people and work with and report directly to the owner (no HR or legal dept, nor superior to me other than owner). In the office he has made ''jokes'' such as ''the summer uniform will be hot-pants''. We have gone on business trips and suggested that I ''dress less conservatively to take advantage of my assets''. On these trips, he has commented to people that we visited that he ''brought [me] for [them]''. In a difficult business deal, someone commented that in that industry it is expected to ''oil the hinge so that it stops creaking'' (implying a monetary bribe/payoff). He responded that this is what I am for. When hearing these comments, I have turned my head, looked away, or gave him an unpleased look. I have not had the courage to say anything directly to him as he is both the harasser, my boss, and the only person to report this to as I fear retaliation. Please advise who to report this to.
1 Answer from Attorneys
Re: Sexual Harassment
What you are talking about is a classic case of "hostile environment" sexual harassment. There are two kinds of sexual harassment: quid pro quo, which can be summarized as demanding sexual favors and adversely affecting your job if they are not met; or "hostile environment".
hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee's direct supervisor where supervisors or managers take no steps to discourage or discontinue such behavior. It is distinguished from "quid pro quo" sexual harassment, where a direct supervisor seeks sexual favors in return for something within the supervisor's powers, such as threatening to fire someone, or offering them a raise. Quid pro quo has been recognized as actionable for decades, but hostile environment has only been recognized as an actionable behavior since the late 1980s as courts have made findings that the loss of employment or constructive dismissal has been caused by such behavior.
Here's the answer to your other big question: you fear retaliation. Well, your employer CANNOT retaliate against you if you file a claim with the Government Agency for this harassment. If it does, then you have an additional claim against the employer, and you can get your job back. You will be protected. Please call our offices as soon as possible. We handle these cases and we can help, and you won't pay a fee until you recover.
-Danny Cevallos, Esquire
267.639.3105
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