Legal Question in Sexual Harassment in Pennsylvania

How much time do I have to file a case and do I have one?

I believe I've been harassed in a position that I held last year. An individual made derogatory remarks regarding my sexuality. It was never directly towards me, however overheard in some instances and witnessed by others. I've never reported these instances to human resources nor have I been open about my sexuality. These occurances resulted in a company awareness seminar seemingly at my expense. Furthermore, this friction in the relationship between myself and this individual prevented a promotion. Do I have the right to take any action against the company and this individual?


Asked on 6/01/01, 1:15 pm

2 Answers from Attorneys

Richard O'Neill The O'Neill Law Office

Re: How much time do I have to file a case and do I have one?

Possibly. However, if the alleged discrimination took place over 180 days you might be barred from filing a claim. You have to file a claim from the time of the discrimination (or last discrimination) within 180 days (6 months). Generally you also have to follow the company's procedures for sexual harassment (notification, etc.)

If this happened a year ago and nothing has happened since and you never notified anyone or filed a claim with the EEOC or Pennsylvania Human Relations Commission you are probably barred from recoving for any harassment even though it might have happened.

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Answered on 6/26/01, 8:38 pm
Thomas Martin Law Office of Thomas Martin

Re: How much time do I have to file a case and do I have one?

The time period for ffiling a complaint with the EEOC in sttaes which have their own anti-discrimination commissions ( such as Pennsylvania which has the Pa Human relations Commission) is 300 days. If the harassment is done by a supervisor you may not have an obligation to report the harassment to the employer before filing a claim, but if the harassment is from a co-emplyee you must give the employer an opportunity to remedy the situation before making a legal claim.

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Answered on 6/27/01, 8:07 am


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