Legal Question in Sexual Harassment in Pennsylvania

Re: What to do if i am sexually harrassed at my place of employment

Please call our offices as soon as possible. We can help you through the process. You need to complain to someone in HR, if there is a Human Resources department. If not, then you can help your case by filing a police report, but you should do so as soon as possible, and find out how to get a copy.

Then, we can take care of filing this document with the EEOC. It will help your case if we can simulateously file complaints on behalf of other similarly situated employees, so if you know other bartenders there, it would help. If you are not comfortable calling, e-mail me directly at [email protected]. No charge for consultation and our conversation is completely confidential.

Re: What to do if i am sexually harrassed at my place of employment

You asked what to do about an employer that sexually harassed you.

Your employer is quite wrong that you have no rights because he paid you under the table. When an employer pay an employee "under the table" that simply means the employer shifts the burden of reporting the taxable income and paying taxes on that income. An employer breaks the law by employing a person "under the table." An employee cannot break the law by working in this manner unless the employee does not report this income or pay taxes on the income. Seeing as you only had this employment for a short period of time there can be no question as to your conduct.

As to the employer's conduct. not only were you sexually harassed but you were sexually assaulted. You were also discriminated against as a female.

Sexual harassment is the abuse of a person in the request, demand or act of any conduct of a sexual nature or committing any indecent act against a person of lesser power. This is both a violation of civil rights and is a tort (a private crime).

Sexual assault is the unlawful and undesired touching of another in a sexual manner or location. This is a crime and is prosecutable by the police and the local prosecuting attorney. You should file claims with both immediately, preferably with advice of counsel.

The conduct inherently took place because of your gender. The fact that you felt the need to quit the job would be the actual "adverse action." This is a form of discrimination and is eligible for investigation under state and federal law. This claim has a very short statute of limitations and the claims must be brought quickly in order to preserve the claim.

You seem to have good claims. I always suggest that such claims must be brought not only to recover for the damages to the victim but also to protect future victims. The protagonist sounds as though he needs to be prosecuted as a sexual predator.

Contact me to discuss this matter further.

Regards,

Roger