Legal Question in Sexual Harassment in Pennsylvania
Sexual Harrasment in PA
My wife is a State Employee. She has been harassed by a male for the last 1.5 months and told him to stop and let her alone each time. 1st time he made a comment about having sex with him, 2nd time he directly asked her to have sex with him, this time made a comment about her mood toward him and said she would not be that way because he could satisfy her, without being to explicit. I told her to write him up, the last occurance 12/25 but she was afraid of retaliation from management explaining how the victims end up with the reprimand and how. I called her workplace and discussed this problem with them, the next day. My wife, not knowing I called got summoned to the office and asked by a interviewer soon as she entered, if she was afraid of something or felt threatened, without telling her what was going on. The interviewer finally told her I called in and why she was there and filed a incident report. Long story short, she was advised she could face a day suspension for late reporting, just the type of action she feared. There were two witnesses to the comment and they were called in. I do not know their story yet, but they know that the workplace WILL write them up for not reporting that night. Out of room
1 Answer from Attorneys
Re: Sexual Harrasment in PA
You asked about harassment recriminations.
YOUR WIFE should bring this entire matter to the attention of the state ombudsman, and the chief compliance officer of her employer dpeartment. You are both correct that it is asinine for the reporting party to be disciplined for late reporting. It is quite common for employees to have qualms about filing such reports. Employees must feel free to file reports, as long as they are truthful, and not feel any fear about the process.
As to your actions, your wife has already told you that you are an ass for interfering, so I won't do it again. She's an adult and doesn't need you to fight her battles for her, until she asks. Your job is to support her and her decisions. Listen and shut up. There was nothing for you to do here and taking action actually screwed the whole matter up. You could of advised her and prompted her to report, instead of sticking your big foot right in a steaming pile of...
Buy her flowers. Take her to a nice hotel for a weekend. Do whatever you have to do to make it up. And stay the hell out of her fight until she asks you to intervene.
By the by, any time an employee is interviewed by an employer the employee has the right to have a representative present (another employee or an attorney, but not any other type of outside person). The representative is not allowed to intervene, but is there to observe and may advise the employee.
Regards,
Roger