Legal Question in Sexual Harassment in Pennsylvania
Sexual Harassment in the Workplace
Does the reputation of the plaintiff (inappropriate dress, flirting with co-workers) factor into the ruling of sexual harassment cases?
1 Answer from Attorneys
Re: Sexual Harassment in the Workplace
The sexual harassment must be unwelcome. The reputation of the plaintiff should not be admissable to show that the actions were unwelcome. However, specific actions of the plaintiff may be relevant, depending on the nature of the claim.
For example, if the plaintiff claims that a coworker was flirting with him or her and that this was unwelcome, the fact that the plaintiff was also flirting with the same coworker would tend to show that the flirting was not unwelcome.
However, if, for example, the defendant is accused of repeated sexual propositions and sexual statements, the fact that the plaintiff wore short dresses tight pants or had dated several other employees should not be admissable.
Please feel free to post a new question with more details and I may be able to give you a more specific answer. You may also want to consult my website at http://www.maslaw.com for more information on harassment.
I hope this helps.