Legal Question in Sexual Harassment in Pennsylvania
I have worked for a company in the Home Health industry for ten months. For months I have told them that I did not want to go to one client in particular due to him sexually harassing me. On several occasions he has rubbed between my legs and fondled my breasts as well as obscene comments and gestures. I mentioned it to the scheduling department a few times as well as HR. I was taking off his care for a short time but have since been rescheduled with him. I was basically told I had to. What would the repercussions be for the employer if I were to get terminated by them from refusing to go to the client who sexually harasses and fondles me?
2 Answers from Attorneys
It sounds like you might have a claim against them regarding the allowance of sexual harassment but it is not clear since it was a client not by another employee Still there being put on notice and their insisting you be placed in such a situation might provide legal recourse. You should probably qualify for unemployment benefits since it would
Ulcer be difficult for them to raise willful misconduct on your part refusing to carry out an assignment where there is a history sexual harassment by the client providing it is acknowledged and proven.
1) The Pennsylvania Human Relations Act prohibits employment practices that discriminate against applicants, employees, or independent contractors on the basis of sex, including sexual harassment (PA Stat. Tit. 43 Sec. 951 et seq.). The Act covers all public employers and private employers with four or more employees.
2) Guidelines issued by the state Human Relations Commission define "sexual harassment" as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
3) Lodge complaint to the concerned Company committee. If failed to the State Authority.
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