Legal Question in Sexual Harassment in Pennsylvania

Re: sexual harrasment

There are a number of things you should do. First, you should immediately talk to your employee friends, and see if they agree with you and are on board. This is because there is power in numbers when making these claims. Second, you should report to your HR, to the extent it exists. If not, then try to tell the boss. It is very important that you at least advise the boss, by sending an e-mail or otherwise. If you can't, you can't. Then, you should retain private counsel. We handle these cases. What we will do is file a complaint with the EEOC and then I will personally prosecute the case through the EEOC. Feel free to call or e-mail me directly. I will provide you with some helpful information, a questionnaire to fill out, and we will begin the process. Understand also that you cannot be fired for talking to the EEOC. That would be a separate illegal act. Get your friends together and talk to them about coming into the office or having a conference call sometime very soon.

-Danny Cevallos, Esquire

267.639.3105

[email protected]

Re: sexual harrasment

You asked about ongoing sexual harassment.

As I have said previously, no employee should have to deal with sexual harassment. There are many alternatives for dealing with these types of matters.

The first level is presenting this matter to direct management. If that doesn't work (or as here where that is the problem) the employee should escalate the matter to the corporate office. Many corporations now have a legal department or even a compliance department that deals with violations of corporate policy matters. These matters should be formally reported to such an office so that the employer is "on notice." In the best cases the employer will investigate and resolve the situation.

In a minority of cases the employee will need to proceed further and this can include claims made directly to a court of law or to the EEOC or state agency that may also investigate.

An attorney can help an employee at any stage but is most necessary if the employee gets no satisfaction from corporate. It is important that the matter be well documented including the date, time, location, names of parties present and what the offending action was.

If you need assistance in resolving this matter you can contact my office to make an appointment. Just remember that the clock is ticking and your time to handle these matters is counting down.

Regards,

Roger

Re: sexual harrasment

To answer your first question, your initial responses to his harassment do not waive your right or anyone else's right not to be harassed where they are employed. Nonetheless, while it is understandable that in a work environment you must to some degree go along with your manager's harassment, try not to do any thing that would be perceived as inviting the unwanted conduct.

State and Federal law prohibits employers from firing their employees in retaliation for filing a complaint about discrimination. Such a prohibition is often cold comfort to the fired employee, who can go years before they see any sort of recovery (if at all), but you should know that such protection exists.

Your first step should be to follow whatever procedures your employer has established for filing such a complaint. If, however, you feel that they have sufficient notice of the harassment and you feel too intimidated to complain, you should file a complaint with the Pennsylvania Human Relations Commission. (You don't need an attorney to file this Complaint; Google their name and you'll find their website.) They are the state agency tasked with reviewing discrimination complaints, and they will forward your complaints to the relevant federal agency, the EEOC.

Importantly, if you plan to file such a complaint with the PHRC, you must do so within 180 days of the harassing behavior. Otherwise the complaint is waived. Once you have filed a complaint the Commission will investigate the case on its own, and, if they do not reach a resolution within one year, you may bring your own suit in court.

I strongly suggest that if you plan to file a complaint either with the corporate office or with the Pennsylvania Commission, you prepare a contingency plan in case, as you fear, and you are in fact terminated. You should have adequate savings for such an event and be prepared to look for other jobs immediately. I don't mean to scare you; a number of employers, particularly corporate offices, respond quickly and appropriately to such complaints. But for your own sake you should be prepared.

Of course, it would be helpful to talk to an employment discrimination attorney before you take action. Please keep that 180 day limit in mind.