Legal Question in Sexual Harassment in Pennsylvania
sexual harrasment
I am a bartender for a very large well know company,one of my fellow bartenders has repeately touched my bottom over and over again,i have told him know but he always tells me that he is friends with the general manager and can have me fired.This past weekend he went further and tried to touch the front part of my body(below the waist).I immed. Went to the gm and told him what happened he said he would investigate,but instaed he took me off the bar and made me a server and now everyone in the restaurant knows and are making rude comments,and the male bartender is still behind the bar.What should i do
3 Answers from Attorneys
Re: sexual harrasment
You asked about a sexual harassment problem.
You need to act on this immediately. Contact an attorney and that attorney can guide you in the steps to protect and enforce your rights.
From your description, you were sexually harassed by the bartender but further you suffered an adverse action when you were demoted from your position.
The law is clear, that according to the facts you stated, you have an actionable.
There are two routes for you to follow, 1) contact an attorney, and 2) contact the corporate compliance officer for your employer (many employers have a helpline or hotline).
Don't let this employee and manager get away with treating people in a discriminatory manner. Fight for your rights and take decisive action. Further, if the employee actually touched you in a sexual manner then he should also be charged with assault or even sexual assault. Investing in a small digital recorder may be a worthwhile investment. Surreptitious recordings of private conversations are unlawful, but where a conversation takes place in a location in which other people MAY overhear then it is lawful to record. Many of those recorders will easily record for 20 hours straight.
Again, contact a lawyer.
Regards,
Roger
Re: sexual harrasment
Sexual harassment is a serious problem in the workplace. The description of what occurred to you may go beyond sexual harassment - to include a potential criminal case against the bartender for assault and battery, and against the employer for the adverse employment action of demoting you.
You should immediately inform the H.R. department or a supervisor of what occurred in writing - keep a copy of that communication.
If you want to talk with an attorney, I would be happy to speak with you if you call me at 215.496.2904.
Re: sexual harrasment
You definitely may have been illegally harassed. The most important thing you do now is complain IN WRITING to your boss about the problem. It is not actionable if you don't. If you didn't complain, in the eyes of the law it didn't happen. Feel free to call our offices to discuss.
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