No one should have to suffer through the fear, upset and hopelessness sexual harassment can cause. Unfortunately, many workers face sexual harassment in the workplace.
You may feel scared and uncertain about where to turn when this happens. Perhaps you have already approached your human relations department, and nothing was done about it. But you can have a sharp and steady advocate on your side.
If you have been targeted by your employer, co-workers, clients, vendors or others in the workplace, a sexual harassment attorney at Weisberg Cummings, P.C., will listen to your story. If you decide to work with Weisberg Cummings, our legal team will help you gather the evidence you need to fight back.
What Is Sexual Harassment?
Many people feel uncertain if their experience qualifies as sexual harassment. Sexual harassment can occur once, or it can be a repeated activity. Often, those doing the harassing claim it is “all in good fun” or “just a joke.” That does not diminish your feelings of discomfort, anger or awkwardness, though.
Understanding the definition of sexual harassment may help you decide if you have experienced it. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as any unwanted sexual advances, asking for sexual favors or other unwelcome sexual words or actions. The EEOC’s definition also includes offensive remarks about someone’s gender and counts sexual harassment as a form of gender-based workplace discrimination. Workplace sexual harassment can include:
- Sexual assault at work.
- Unwanted sexual touching or uncomfortably familiar and inappropriate physical contact.
- Demands (often accompanied by threats or by promises of promotion or other benefits).
- Inappropriate comments about a person’s body.
- Sexual and inappropriate text messages, emails and other material.
- Inappropriate sexual jokes or pornography left around the workplace.
- Stalking.
- Sexist remarks about someone’s gender.
What Are the Laws Against Sexual Harassment In Pennsylvania?
If you have experienced sexual harassment at work, several federal and state laws could give you grounds for a lawsuit. These include:
- Title VII of the Civil Rights Act: This law prohibits discrimination based on gender or sexuality, among other protected characteristics. It also requires employers to investigate and respond to discrimination claims.
- The Pennsylvania Human Relations Act: This law prohibits discrimination and establishes the Pennsylvania Human Relations Commission (PHRC) to receive and investigate sexual harassment claims.
- Chapter 62A of Title 42 of the Pennsylvania Consolidated Statutes: This law allows a sexual harassment victim to file a civil lawsuit requiring the person harassing them to stay away.
Legal Steps if You Experience Sexual Harassment
If you believe someone has violated your rights by sexually harassing you in any way, follow these steps to take legal action:
- Contact a lawyer who handles sexual harassment at work for advice on whether you have a case that could win in court.
- Record details like who harassed you, how and when they did so, and how you responded.
- Report the incident to your employer or human resources department according to company protocol.
- Gather evidence to support your claims, such as texts or security camera footage.
- If your employer fails to provide a satisfactory solution, report the incident to the PHRC and EEOC to get a Notice of Right to Sue.
- Get a workplace sexual harassment attorney’s help to file a lawsuit and make your case in court.
3 Kinds of Sexual Harassment
Sexual harassment can take many forms in various circumstances. Victims can be any age, any sex, any ethnicity, any religion and any sexual orientation. Forms of sexual harassment include:
- Sexual harassment by a co-worker.
- Sexual harassment by an employer or supervisor.
- Sexual harassment by a vendor, client or other third party.
Sexual Harassment by a Co-Worker
Many women and men stay silent about sexual harassment because they do not want to cause trouble or get someone fired. But if a persistent co-worker won’t take no for an answer or a fellow employee crosses the line with sexual behavior, you have rights and deserve help protecting them.
Your employer needs to know about the behavior, and if they refuse to do anything about it, the lawyers at Weisberg Cummings will. Our sexual harassment attorneys can help you enforce your rights and explore your legal options, including filing a lawsuit against the company for failing to provide a work environment free from sexual harassment.
What Is Co-Worker Sexual Harassment?
What may begin as annoying comments can escalate into a serious problem that makes you uncomfortable or fearful. It can even affect your ability to do your job. Any of these actions may constitute sexual harassment:
- Sexual assault or physical intimidation.
- Groping, fondling or other unwanted touching.
- Pressure for sex or dates.
- Demeaning comments about your body.
- Sexually charged emails or text messages.
- Exposure to pornography or sexually explicit jokes.
- Sexual advances outside of the workplace.
- Stalking behavior.
Even if you dated the co-worker at some point, the relationship is over when you say so. It is still sexual harassment if unwanted overtures continue after you have ended the relationship.
Reporting Harassment
You may have told the harasser to stop. You may have complained to other co-workers. However, if you have not done so, you must report a co-worker’s sexual harassment to a supervisor or human resources officer. Management may or may not have been aware of the problem. When you file a formal sexual harassment claim at work, your employer must take action to protect you.
At Weisberg Cummings, our attorneys are here to support you through a difficult process. We prepare you to report the abusive behavior and show you how to document the harassment and any retaliation, including wrongful termination for filing a claim against the company. Retaliation for reporting sexual harassment violates your rights and merits a lawsuit in response.
What if Your Employer Does Nothing to Stop the Harassment?
Your employer must take action to stop the harassment at work. If your employer fails to take any action, you may have an employment claim against them. Our attorneys can explain your options and the process for holding your employer accountable.
Contact us today for a free consultation. This conversation is completely confidential — no one will know unless you decide to move forward with a complaint.
Sexual Harassment by Managers or Supervisors
When a supervisor or manager makes sexual advances or demeaning comments, doing nothing often means the behavior will continue. Confronting the person could have negative consequences. If you quit, you may forfeit many rights, resulting in the abuse going unpunished. Instead, you should report the harassment and prepare for legal action.
Seek Assistance From Sexual Harassment at Work Lawyers
Your employer is obligated to protect you against sexual harassment in the workplace, especially sexual harassment from a boss or anyone taking advantage of their position of authority over you. If the company does not take appropriation action, you have legal remedies, including filing a lawsuit for damages.
Your rights and the supervisor/subordinate relationship are never “off duty.” The employer is liable for a supervisor’s actions in the workplace or away from it. Examples of some of these prohibited actions include:
- Groping or sexual assault.
- Unwanted sexual advances.
- Demands for sex under threats of termination or other consequences.
- Quid pro quo (sexual favors in exchange for a raise, promotion or perks).
- Touching, hugging or other uncomfortable contact.
- Lewd comments about your body.
- Sexually suggestive or explicit language, emails or pictures.
- Retaliation after accusing a supervisor, including termination or workplace discrimination.
Reporting and Documenting the Abuse
In certain circumstances, you cannot sue unless you have made an official complaint to management or ownership. At Weisberg Cummings, we provide support for this intimidating step and coach you on how to report sexual harassment, document the company’s response and deal with any continuing harassment.
Even if you have already quit because of the hostile environment at your workplace, you might have a claim for constructive discharge.
Pursuing Compensation
Your employer may offer to settle in exchange for your resignation. We fight to ensure you are compensated for the economic loss (lost earnings, future earnings, benefits) and emotional suffering. If your employer fights the claim, we are prepared to go to trial to hold them accountable.
Contact us today to discuss sexual harassment by a supervisor, manager or employer. In most cases, we take no attorney fees unless we recover compensation for you.
Sexual Harassment by a Vendor, Client or Other Third Party
Sexual harassment of employees is not just a problem between workers and their supervisors or colleagues. Under certain circumstances, an employee can be exposed to harassment by third parties such as vendors, customers, clients or contractors.
In the first instance, your employer is not responsible for sexual harassment beyond its control, but it is responsible for protecting its own employees from a pattern of harassment. If you find that your boss is ignoring your reports and complaints of sexual harassment on the part of those you need to deal with as an essential part of your own work, contact the law firm of Weisberg Cummings in Harrisburg for a free consultation.
How Much Is a Sexual Harassment Case Worth?
The amount you could receive through a sexual harassment settlement or successful court case depends on factors like how severe the harassment was, how it affected you and what evidence you have. Courts may award the following damages if you win your sexual harassment lawsuit:
- Back pay: This covers lost wages, benefits or other financial impacts of the harassment from the date it happened to that of the ruling.
- Front pay: If you are unwilling to return to your position because of the harassment you faced, the court may award front pay to help cover your lost wages and benefits until you find a new position.
- Compensatory and punitive damages: The court may compensate you for other damages like psychological or reputational harm. In some cases, the court may also order the defendant to pay tens or hundreds of thousands of dollars on top of other damages as a punishment for violating your rights.
- Attorney’s fees: If you win the case, you may claim reimbursement for your legal team’s fees. This award is an incentive to get professional legal support with your sexual harassment lawsuit.
Get Legal Support With Your Sexual Harassment Claim
If you have been targeted by a perpetrator, please keep in mind there are people who will believe you and who will stand up for you. The attorneys at Weisberg Cummings, for example, have been fighting on behalf of employees for years. From our offices in Harrisburg, we handle sexual harassment and discrimination lawsuits across Pennsylvania.
Our workplace sexual harassment and assault attorneys have more than 40 years of combined experience, and our compassionate team is ready to hear your story and discuss your legal options. If you choose to move forward, we have the skills and resources to fight for your state and federal workplace rights.
Contact us for a free consultation to get advice about your legal options in the face of harassment.
