Category: Sexual Harassment

What to Know Before Suing for Sexual Harassment in the Workplace

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Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Help You Get Justice

Experiencing sexual harassment in the workplace can be emotionally and professionally devastating. Many employees struggle with whether to take legal action, uncertain about what the process involves or how to protect themselves. Employees in Pennsylvania who have faced harassment should know what constitutes sexual harassment, how to report it, and what to expect if they decide to sue.

What Qualifies as Sexual Harassment in Philadelphia?

Sexual harassment includes unwanted conduct of a sexual nature that affects a person’s employment or creates a hostile work environment. It can involve inappropriate comments, sexual advances, unwanted touching, or repeated offensive jokes or images. Harassment may come from a supervisor, coworker, client, or anyone else in the workplace.

There are generally two types of sexual harassment recognized in employment law. The first is quid pro quo, where employment benefits such as promotions, pay increases, or continued employment are conditioned on submitting to sexual advances. The second is a hostile work environment, where ongoing harassment creates an intimidating, offensive, or abusive workplace. Even a single incident can qualify if it is severe enough.

Not every inappropriate remark or uncomfortable situation will meet the legal threshold, but employees do not need to tolerate persistent or severe harassment that interferes with their ability to work.

Taking Action Before Filing a Lawsuit

Before suing for sexual harassment, employees should take several critical steps to protect their rights and strengthen their case. The first step often involves making an internal complaint. Most employers have policies requiring employees to report harassment to a supervisor, human resources representative, or through a designated reporting system. Following this process demonstrates that the employee took appropriate steps to notify the employer and gives the company a chance to address the issue.

If the harassment continues or the employer fails to take action, the next step is to file a charge with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). These agencies investigate discrimination and harassment claims and must usually be contacted before filing a lawsuit in court. The agency will review the claim, may attempt mediation, and can issue a “right to sue” letter that allows the employee to proceed with litigation.

Employees should document everything related to the harassment. Keeping detailed notes of incidents, dates, witnesses, and communications can provide valuable evidence. Saving emails, text messages, or written complaints also helps establish a timeline and show how the employer responded. Having this documentation ready can make a significant difference when working with an attorney.

What to Expect When Pursuing a Sexual Harassment Claim

Once an employee receives a right-to-sue letter, they can file a lawsuit against the employer. A sexual harassment claim may seek compensation for lost wages, emotional distress, and other damages. In some cases, punitive damages may be available if the employer’s actions were particularly egregious.

The process can take time, and each case is unique. Employees should be prepared for investigations, interviews, and potentially mediation or settlement discussions before trial. While legal proceedings can be stressful, they also provide an opportunity to hold an employer accountable and create change in the workplace.

Retaliation for reporting harassment is also unlawful. Employers cannot legally punish or terminate an employee for speaking out. If retaliation occurs, it may become a separate legal claim.

Frequently Asked Questions

What if I am unsure whether what happened qualifies as sexual harassment?

If you feel uncomfortable or threatened by someone’s behavior at work, it is worth discussing your experience with an employment attorney. They can help determine whether the conduct meets the legal definition of harassment and what steps you can take to protect yourself.

Can I still sue if I did not report the harassment right away?

Delays in reporting do not automatically disqualify your claim, but prompt reporting can strengthen your case. The sooner you report, the easier it is to document events and demonstrate that you sought help.

What should I bring when meeting with a lawyer about harassment?

Bring any notes, emails, or other evidence that document the harassment, along with your employment information and any reports you made to your employer. This information helps your attorney evaluate your case effectively.

Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Help You Get Justice

Speak with the Philadelphia sexual harassment lawyers at Sidkoff, Pincus & Green P.C. about how we can help you with your case. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey. Contact us online or call us at 215-574-0600 today to learn more.

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How to Prove Sexual Harassment in the Workplace With No Witnesses

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Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Help You Get Justice

Experiencing sexual harassment in the workplace can be devastating, especially when it occurs behind closed doors and without witnesses. Victims often feel isolated and unsure about how to demonstrate what happened. However, it is entirely possible to prove sexual harassment even when no one else saw the behavior. Understanding how to document, report, and support your claims is crucial to protecting your rights and holding the responsible party accountable.

What Evidence Can Help Support a Sexual Harassment Claim

While having witnesses can strengthen a case, they are not required to prove sexual harassment. Many incidents occur privately, making other forms of evidence critical. Victims should begin by keeping detailed records of every incident. This includes dates, times, locations, and descriptions of what occurred. If the harasser sent inappropriate text messages, emails, or social media messages, those should be saved and backed up.

Even small pieces of documentation can support your case. For instance, notes written immediately after the harassment took place can help establish credibility by showing that you recorded your experience in real time. Evidence of changes in behavior, such as anxiety, loss of productivity, or medical visits related to emotional distress, may also corroborate your claim.

Workplace records can play an important role. For example, proof that you complained to a supervisor or human resources representative, or that your performance reviews changed after filing a complaint, can demonstrate a pattern of retaliation or ongoing misconduct.

How to Strengthen Your Case Without Direct Witnesses

Consistency is one of the most powerful tools available to someone pursuing a harassment claim. When the story remains clear and consistent from the first report through any subsequent investigations, it reinforces the reliability of the claim. Speaking to colleagues about what is happening, even if they do not directly witness the harassment, can also be valuable. Their statements confirming that you discussed the behavior or that they noticed changes in your demeanor can serve as supporting testimony.

If you report the harassment internally, make sure to follow all company procedures and keep copies of everything you submit. Written complaints, emails to supervisors, and responses from management can all demonstrate that you attempted to address the situation through proper channels.

It is also important to avoid deleting or discarding any potential evidence. Even communications that seem unimportant at the time could later provide context or establish a timeline. Consulting an employment attorney early in the process can help ensure that you are preserving all relevant materials and following the correct steps to protect your legal rights.

What to Do After Reporting Sexual Harassment

Once a complaint has been filed, the employer is legally obligated to investigate. However, investigations are not always handled properly or fairly. If the company fails to take action, dismisses your concerns, or retaliates against you for reporting the harassment, these failures may form the basis for an additional legal claim.

Victims should keep detailed notes about every communication related to the investigation, including dates, who was involved, and what was discussed. If meetings take place, follow up with an email summarizing the discussion to create a record.

An employment attorney can help guide you through this process, ensuring that you are taking the right steps and that your rights remain protected. Even in the absence of witnesses, a combination of documentation, consistency, and legal advocacy can make a strong case for workplace sexual harassment.

Frequently Asked Questions

What should I do immediately after an incident occurs?

Write down everything you remember as soon as possible, including what was said, where it happened, and who was present. Save any texts or emails from the harasser and report the behavior through the appropriate workplace channels.

Will I face retaliation for reporting sexual harassment?

Retaliation is illegal. If your employer takes adverse action against you, such as demoting or firing you for reporting harassment, you may have grounds for a separate retaliation claim.

Do I need to hire an attorney to pursue a claim?

While it is not legally required, an attorney can help you navigate complex employment laws, gather evidence, and advocate for your best interests during negotiations or litigation.

Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Help You Get Justice

Speak with the Philadelphia sexual harassment lawyers at Sidkoff, Pincus & Green P.C. about how we can help you. We are located in Philadelphia and serve clients in Pennsylvania and New Jersey. Contact us online or at 215-574-0600 to schedule a consultation today.

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Different Types of Workplace Sexual Harassment

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How the Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Can Help

Sexual harassment in the workplace is a serious and distressing issue that can affect anyone, regardless of gender, position, or industry. Understanding the different types of workplace sexual harassment is essential for recognizing inappropriate behavior, protecting your rights, and taking appropriate action. Employees who can identify these behaviors are better prepared to create a safer work environment and seek help when necessary.

Quid Pro Quo Sexual Harassment in Philadelphia

One of the most recognized forms of workplace sexual harassment is quid pro quo harassment. This occurs when employment decisions or opportunities are conditioned upon submission to unwelcome sexual advances or requests. In other words, a supervisor or person in authority may imply or state that an employee must tolerate certain behavior in exchange for job benefits, such as a promotion, raise, or continued employment.

Even subtle or implied suggestions can qualify as quid pro quo harassment. For example, if a manager hints that an employee could advance more quickly by engaging in personal or romantic behavior, that situation could be unlawful. It’s important to note that this type of harassment does not have to result in tangible job loss or benefit; the mere suggestion that employment decisions depend on sexual conduct can constitute harassment.

Employers have a legal responsibility to prevent and address quid pro quo harassment. Employees who believe they are being subjected to this type of behavior should document interactions, preserve any related communications, and report the conduct through internal channels or to a legal representative.

Hostile Work Environment Harassment in Philadelphia

Unlike quid pro quo harassment, a hostile work environment does not involve a direct exchange or job-related condition. Instead, it arises when unwelcome sexual behavior creates an intimidating, offensive, or abusive work atmosphere. This conduct can come from supervisors, coworkers, clients, or other individuals who interact with employees.

Examples of behavior that can contribute to a hostile work environment include:

  • Sexual jokes or inappropriate comments about appearance.
  • Unwanted touching or physical advances.
  • Displaying offensive images or materials.
  • Spreading rumors about an employee’s personal life.

Even repeated, seemingly minor incidents can become severe enough to interfere with an employee’s ability to work comfortably and productively. The key factor is whether a reasonable person would find the conduct hostile or abusive. Employers are required to take complaints seriously, conduct prompt investigations, and prevent retaliation. Fostering a supportive workplace culture that encourages open communication and respect can help prevent harassment before it escalates.

Third-Party and Retaliatory Harassment

Other forms of harassment can also occur in the workplace. Third-party harassment happens when the inappropriate behavior comes from someone not directly employed by the company, such as a client, vendor, contractor, or customer. Employers have a duty to address these situations if they are aware of the conduct and fail to take corrective action. Employees should report such behavior promptly, and employers must respond appropriately to protect workers.

Retaliatory harassment occurs when an employee is mistreated for reporting harassment, assisting in an investigation, or asserting their rights. Retaliation may include demotions, negative performance reviews, changes in job duties, or exclusion from work activities. Retaliation is prohibited under employment laws and can be just as damaging as the initial harassment. Recognizing and addressing retaliation is essential to ensure employees feel safe reporting misconduct without fear of adverse consequences.

Frequently Asked Questions

What should I do if I experience sexual harassment at work?

Document the incidents, including dates, times, and witnesses. Report the conduct to your supervisor or the human resources department. If the behavior continues or your employer fails to act, consult an employment attorney to understand your legal options.

Can a coworker be responsible for workplace sexual harassment?

Yes. Harassment can come from supervisors, coworkers, or even non-employees. Employers are responsible for addressing inappropriate conduct once they are aware of it, regardless of who is involved.

Is a single incident considered harassment?

A single severe incident, such as an unwanted physical advance or explicit threat, can constitute harassment. In other cases, repeated conduct may be necessary to establish a hostile work environment. Each situation depends on its specific facts.

How the Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Can Help

The Philadelphia sexual harassment lawyers at Sidkoff, Pincus & Green P.C. provide guidance and representation to employees facing workplace harassment. Located in Philadelphia, you can contact us online or call 215-574-0600 to discuss your case. We serve clients in Pennsylvania and New Jersey.

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Documenting Workplace Sexual Harassment for Protection

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Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Help You Get Justice

Experiencing sexual harassment in the workplace can be deeply distressing and isolating. For many employees, uncertainty about how to respond or fear of retaliation makes it difficult to take action. However, one of the most powerful steps a person can take to protect themselves and preserve their rights is to document the harassment carefully and consistently. Accurate documentation provides crucial evidence should the situation escalate or lead to a legal claim, ensuring that the employee’s voice and experience are clearly represented.

The Importance of Documentation

Documentation serves as a detailed record of events that can help establish a timeline, reveal patterns of behavior, and corroborate the victim’s account. While sexual harassment often involves words, gestures, or conduct that can be difficult to prove, a written record helps transform subjective experiences into factual evidence. This record can be particularly valuable if the harasser denies the behavior or if witnesses are unwilling to come forward.

Many employees hesitate to record incidents because they hope the behavior will stop or worry about repercussions. Yet, creating contemporaneous notes—records made close in time to the event—strengthens credibility and can make a significant difference in an investigation or legal proceeding. Even if the harassment seems minor at first, documentation may later reveal a broader pattern of inappropriate or unlawful conduct.

What to Include When Documenting Harassment

When documenting each incident, employees should include:

  • Date, Time, and Location: Record exactly when and where the incident took place.
  • Detailed Description: Write down what occurred, including the words or actions of the harasser.
  • Names of Individuals Involved: Identify the harasser and any witnesses who may have seen or heard what happened.
  • Your Response: Note how you reacted in the moment, whether you confronted the behavior, left the area, or reported it to someone.
  • Emotional Impact: Describe how the incident made you feel or affected your ability to work.

Supporting materials can make documentation significantly stronger. This may include:

  • Emails, text messages, or chat logs that contain inappropriate language or comments.
  • Screenshots or photos of messages, social media interactions, or other digital evidence.
  • Physical evidence such as handwritten notes, unwanted gifts, or letters.

It is also essential to record any efforts made to report the harassment. Keep copies of complaint forms, emails to supervisors or human resources, and notes from meetings discussing the issue. This demonstrates that the employer was informed and that the employee took steps to address the matter appropriately.

Frequently Asked Questions

What qualifies as workplace sexual harassment? 

Sexual harassment includes unwelcome conduct based on sex, such as inappropriate comments, unwanted touching, sexual advances, or offensive jokes. It can also include creating a hostile work environment or conditioning employment benefits on submission to sexual behavior.

Can I document harassment that occurs outside of work? 

Yes. If the harasser is a coworker, supervisor, or someone connected to your employment, off-site or after-hours conduct can still be relevant and should be recorded.

Should I report harassment before or after consulting an attorney? 

Both options are valid. Consulting an attorney early can help you understand your rights and develop a strategy for reporting that protects your position and strengthens your case.

Can I be retaliated against for documenting or reporting harassment? 

Retaliation for reporting or opposing sexual harassment is unlawful. If you face adverse actions such as demotion, termination, or intimidation after reporting, legal remedies may be available to protect you.

Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green P.C. Help You Get Justice

Speak with the Philadelphia sexual harassment lawyers at Sidkoff, Pincus & Green P.C. about how we can help you if you are being harassed at work. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey. Contact us online or call us at 215-574-0600 today.

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Sexual Harassment in the Workplace: Legal Obligations and Employee Rights

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help if You Have Been Sexually Harassed in the Workplace

Ideally, every workplace would be a safe and respectful environment for all employees. Unfortunately, that is not always the case. One of the most pervasive issues plaguing the workforce today is sexual harassment. It can cause severe emotional distress, inhibit professional growth, and even lead to significant legal consequences.

What Is Workplace Sexual Harassment?

Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It involves any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Here are common examples of sexual harassment:

  • Unwanted physical contact: An employee might be subjected to unwanted touching, hugging, or patting by a colleague or supervisor. This behavior, when unwelcome, can constitute sexual harassment.
  • Sexual comments or jokes: Persistent comments about an individual’s physical appearance, lewd jokes, or suggestive remarks can also fall under sexual harassment.
  • Sexual propositions: A superior offering job benefits in return for sexual favors or threatening negative employment consequences if such favors are not provided is a clear example of quid pro quo sexual harassment.

Who Can Be Liable for Workplace Sexual Harassment?

Both employers and employees can be held liable for sexual harassment. An employer can be held responsible if they knew or should have known about the harassment and failed to take appropriate corrective action. Similarly, an individual who engages in harassment can be held personally liable for their actions.

Sexual Harassment Laws in Pennsylvania

In Pennsylvania, sexual harassment laws mirror those at the federal level. The Pennsylvania Human Relations Act prohibits sexual harassment and makes it illegal for employers to retaliate against employees who report such behavior. Employers must ensure a safe, respectful, and non-hostile working environment. Failure to do so can result in severe legal consequences, including fines and penalties.

What Can You Do if You Have Been Sexually Harassed at Work?

Here are some steps you can take if you have been sexually harassed in the workplace:

  • Report the incident: The first step is to report the incident to your supervisor or HR department. Make sure to document all incidents and interactions related to the harassment.
  • File a complaint: If your employer does not take appropriate action, you can file a complaint with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission.
  • Consult with a lawyer: It is advisable to consult with an attorney. They can guide you through the process and protect your rights.

No one should tolerate sexual harassment in the workplace. Knowing your rights and legal options can empower you to act against such behavior. If you are experiencing sexual harassment, you are not alone, and legal resources are available to help you navigate this difficult time.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help if You Have Been Sexually Harassed in the Workplace

You have rights in the workplace, and if you have faced sexual harassment, you may have legal options. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. We are a premier firm that has been protecting workers’ rights for decades. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Can I Be Fired for Reporting Sexual Harassment?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee.

Experiencing sexual harassment in the workplace can be a frightening and overwhelming ordeal. It is important to know that reporting this behavior is not only necessary, but it is also protected by law. An employee cannot be fired simply for reporting sexual harassment, and employers are not allowed to take adverse employment actions against an employee who has reported such behavior.

What is Adverse Action?

The law protects those who have experienced or reported sexual harassment in the workplace. It applies to employees who report harassing behavior as well as victims of the harassment. The law prohibits employers from retaliating against either party by taking any adverse actions.

“Adverse action” is defined as any action taken by an employer that negatively impacts an employee’s job status. This can include demoting them, decreasing their pay, creating a hostile work environment, reducing their hours, or retaliating against them. An employee who reports sexual harassment should not have to worry about facing any kind of adverse action from their employer. If they do face any form of retaliation from their employer for reporting sexual harassment, then they may be able to file a claim with the Equal Employment Opportunity Commission (EEOC).

The EEOC is a federal agency that enforces civil rights laws and investigates allegations of discrimination in the workplace. If you have reported sexual harassment at work, your employer must investigate your claim. The EEOC will check up on them to ensure a full investigation occurred, and they will ensure you do not receive any adverse action. If you do, your employer could be subject to sanctions, including reinstating you in your job if you have been terminated.

What If I Was Fired?

If you have been fired for reporting sexual harassment in the workplace, there are several steps you can take to protect yourself. Besides reporting the issue to the EEOC and speaking with an experienced employment lawyer, document everything. It is important that you document every instance of what has happened since you reported the workplace sexual harassment incident. This includes any emails or conversations between you and your employer regarding the matter, as well as any other evidence that may help support your case. Having documentation of all events is crucial when making a legal claim against an employer for wrongful termination due to reporting sexual harassment.

It is also worth noting that you do not have to be the recipient of workplace sexual harassment to report it to your employer or the EEOC. If you witness sexual harassment in the workplace, you should speak out. Filing a sexual harassment claim with your company’s HR department will help make your workplace safer for everyone.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee

It is against the law for your employer to terminate you for reporting sexual harassment. If you have lost your job after reporting sexual harassment in your workplace, discuss your legal options with the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Contact us at 215-574-0600 or fill out our online form. With offices in Philadelphia, we proudly serve our neighbors in South Jersey, Pennsylvania, and New Jersey.

Does My NDA Prevent Me From Calling out Sexual Harassment?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Parties Who Face Contractual Difficulties.

Non-disclosure agreements, or NDAs, are a common component of employment contracts in today’s workplace. They are used to prevent employees from disclosing trade secrets and confidential company information, but do NDAs apply to sexual harassment complaints and other civil rights matters? The answer is complex and depends largely on the terms of your employment.

We will explore this issue and recommend next steps to protect your rights and your interests if you experience sexual harassment at work.

NDAs as a Tool to Keep Employees Quiet About Workplace Harassment

It makes sense that companies want to keep trade secrets under wraps. If inside company information gets out, it could seriously impact their bottom line. But is it fair to expect employees to keep the details of a sexual harassment complaint confidential?

It may not seem fair, but it is possible. Your right to speak out depends on the confidentiality agreement you sign when you take a job or settle a harassment case.

An Example of an NDA in a Settlement Agreement

Let us take the example of a male worker who files a sexual harassment complaint against a supervisor who repeatedly asks him out on a date—while he repeatedly declines the offer.

His boss even promises him a raise if he consents to a romantic relationship with her. When he declines again, she gives the job to another employee with less skills and experience. This scenario has all of the components of a valid sexual harassment case.

After finally having enough, he reports his supervisor. With texts and emails to support his claims, the employer has no choice but to act. To avoid litigation, the company negotiates a settlement with the employee. They agree to compensate the employee with a caveat—he must agree not to disclose the amount of the settlement or the details of the allegations.

If the employee violates this provision, the employer can sue them in civil court. However, because lawsuits are public record, they may refrain from enforcing an NDA to keep the case as quiet as possible.

There are other ways to discourage an employee from speaking out. Some settlement agreements contain a provision that states they can stop paying the employee if that employee discloses privileged information. Other settlement agreements have a “liquidated damages” clause that requires an employee who violates an NDA to pay the company a specific amount of money.

Why Are NDAs Problematic in Sexual Harassment Cases?

Of course, employers do not want the public to find out about sexual harassment and other civil rights violations that occur in the workplace. But when we are quiet about these pervasive issues, they are more likely to continue.

As we have seen with the recent “Me Too” movement, shedding light on the problem is the key to awareness and prevention of sexual harassment. Everyone deserves a safe, equitable, and inclusive work environment.

Bill 849: Disclosing Sexual Harassment in the Workplace Act

NDAs that prevent individuals from speaking out about harassment may be a thing of the past in Pennsylvania if House Bill 849 is approved. The bill, which has been referred to the state senate’s Labor and Industry committee for approval, would ban NDAs related to sexual harassment as a requirement for employment—unless it was agreed to by both parties.

Federally, the U.S. Senate Judiciary Committee in September unanimously approved the Speak Out Act, a bill that invalidates NDAs specifically designed to prevent employees from publicly disclosing instances of workplace sexual harassment or assault in order to prevent future harm to others. Similar state bills have already been passed in New York, New Jersey, California, and Illinois.

Currently in Pennsylvania, your NDA precludes you from sharing your experience, you can face possible legal action, damages, or a smaller settlement if you do. It is best to have your Philadelphia employment lawyer review any employment contract, non-disclosure agreement, or settlement agreement before you sign. This way, you are fully-informed of your rights and obligations at all times.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C., Are Committed to Protecting Clients’ Civil Rights

If you have experienced sexual harassment or other forms of discrimination at your job, the skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green, P.C. can help. Established in 1958, we have a proven track record of success achieving good outcomes for our clients. Call 215-574-0600 or contact the firm online to schedule a consultation today. Located in Philadelphia, we serve all of Pennsylvania and New Jersey.

How To Recognize Same-Sex Sexual Harassment?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Uphold Worker Rights.

Many people think of sexual harassment as occurring between a man and a woman. HR departments most frequently hear reports of sexual harassment caused by males.

Many instances of same-sex sexual harassment also occur. The instances generally are less frequent, but are just as harmful as opposite-sex sexual harassment. Job providers also are just as liable when it occurs.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws against workplace sexual harassment. Victims of workplace sexual harassment could file complaints that the EEOC will review. When harassment is confirmed, the victim can file a federal lawsuit against the employer and anyone involved in the harassment.

Common Reasons for Same-Sex Harassment

Title VII of the Civil Rights Act of 1964 defines sexual harassment as unwelcome behaviors or actions that are sexual in nature and create a hostile work environment. It also is illegal to demand sexual favors in exchange for employment or job assignments.

Sexual harassment is not necessarily done to obtain sexual favors. Harassers often do it to intimidate the target and cause that person to be distressed. Same-sex harassment is no different.

Many times, the harassment is done to:

  • Coerce and threaten an individual
  • Degrade and demean someone
  • Make the target quit a job

A single incident does not automatically qualify as sexual harassment. An offensive comment or general teasing does not amount to sexual harassment, but it likely would violate workplace rules.

The activity rises to the level of sexual harassment when it is done to obtain sexual favors or creates a hostile work environment. Seeking sexual favors is a fairly simple concept, but a hostile work environment is more complicated.

A harasser could create a hostile work environment in many ways.

The individual might tell offensive jokes of a sexual nature or make generally offensive comments about your appearance. The harasser might circulate pornographic content or partially or fully nude photos.

Even ridiculing a person for not conforming to an expected standard of behavior could qualify as sexual harassment. For example, a male coworker might continually refer to another male as a “girl” or use degrading terms based on that person’s perceived sexual preferences.

No matter the reason, when sexual harassment occurs, your employer is responsible for putting an end to it.

Reporting Same-Sex Sexual Harassment and Other Offenses

If you are subject to sexual harassment from the same sex or anyone else, your employer is responsible for correcting the matter. You should be able to report the problem to your supervisor and investigate the matter.

If your supervisor is the cause of the harassment, someone with authority over that individual should correct the problem. That person might be the owner or another highly placed individual.

At all times, your employer is responsible for maintaining a safe work environment. When sexual harassment of any sort creates a hostile work environment, ignoring it or retaliating against a worker for reporting the problem is against the law.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Uphold Worker Rights

Victims of sexual harassment from the same sex or anyone else can get help from our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.

Can Misconduct at an Off-Site Work Party Qualify as Sexual Harassment?

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off-site-Sexual Harassment

Many employers have codes of conduct or otherwise generally accepted standards of behavior that workers and manager must follow. Under the best of circumstances, codes of conduct promote a safe work environment. They also help to prevent workers from embarrassing their employers through criminal activity or other unacceptable behavior that might trigger the need for legal assistance from an experienced lawyer.

Employer-enforced codes of conduct clearly apply in the workplace, but just how far that workplace responsibility extends could become the crux of a lawsuit. A recent example of a Tennessee sexual harassment case regarded off-site activities involving off-the-clock employees that eventually entered the workplace.

The event began as an October Halloween costume party that started at the restaurant where attendees worked in 2017. The organizers were in managerial positions and encouraged workers to drink, gave them discounted drink coupons, and sold alcohol to the workers. After the party concluded, several attendees continued the festivities at the home of another worker.

Sexual Harassment Claim Arises

While at the off-site party, an individual allegedly grabbled a female worker by her neck and suggestively pressed his body into hers on two different occasions while at the party. The individual who pressed his body into the worker was an assistant manager at the restaurant and described as the second-in-command at the workplace.

The apparent victim and several of her coworkers afterward reported the incidents to the manager in charge, but the manager dismissed the actions as acceptable behavior. Upon learning of others who experienced the same treatment from the same individual that night, the woman filed a written sexual harassment complaint.

Workplace Retaliation Alleged

Despite a female worker complaining about sexual harassment from a manager and corroborating accounts from others, the worker’s employer did nothing, which gave rise to workplace retaliation. The complaints and initial reaction by management all agreed that the assistant manager in question clearly engaged in the behaviors mentioned. The assistant manager clearly was in a position of power over others and allegedly engaged in unwanted touching and downright unlawful behavior.

However, instead of investigating the complaint, the manager in charge, who also is female, dismissed the matter and blamed the female workers for dressing scantily. The complaining worker afterward says she endured workplace retaliation and ongoing harassment from the assistant manager, including outside her home. The assistant manager maintained his position of power over several women who complained about his behavior, and those workers were forced to serve him whenever he ate at the restaurant.

The worker who complained the most says her managers reduced her work hours and gave her less-favorable work assignments that greatly reduced her tips and work income. The woman also was reprimanded for wearing alleged inappropriate clothing during the Halloween party and was the only worker reprimanded for the claimed offense. She filed a sexual harassment complaint that went to a state trial court.

Courts Weigh Case Merits

The subsequent showed the manager in question was drunk and allegedly made at least five women fear for their safety due to his behavior at the after-hours party. The court ultimately ruled the event took place outside of the workplace, was voluntary, and any alleged sexual assault was not work-related. An appellate court disagreed, however.

An appeal of the lower court’s decision eventually resulted in a judgment against the workplace and the manager in question. The appellate court determined the after-party was a continuation of the word-sponsored event and that employer reasonably should have known about the unsavory behaviors of the manager in question.

The case clearly illustrates the complexities of workplace responsibilities by employers and how even off-site events could trigger the need for services from an experienced lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Resolve Off-Site Sexual Harassment Cases

The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. help clarify complicated legal matters in the workplace, such as liability for off-site sexual harassment. It may be difficult to pursue a lawsuit regarding after-hours sexual harassment, but we can help you build a strong case. Call us at 215-574-0600 or contact us online for an initial consultation. We are located in Philadelphia, and we serve clients throughout Pennsylvania and New Jersey.

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How Important is Confidentiality in a Sexual Harassment Case?

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Confidentiality

When a person is victimized by sexual harassment at work, it can be an awkward and embarrassing situation for them. They might feel uncomfortable at work, but they might also feel scared. They might want to tell someone but are afraid to talk for fear of retaliation. There are options for them to tell their story and maintain their confidentiality. As for those that can be targets of sexual harassment claims in the office, the question of confidentiality can be an important one, especially if the accusation is false or made with ill intentions. A false claim can get out and haunt a person throughout their career.

Is My Case Confidential with a Lawyer?

For those who suffered from sexual harassment at work and found that their employers have not been responsive to their claims, they can turn to an employment lawyer for help in the matter. They can feel confident that their story will remain between them and their legal representative. Lawyers are obligated by client confidentiality, meaning that what is said between the two parties remains between them. This rule allows them to speak freely with a client and gather all the information necessary to properly build a case.

The privilege covers potential clients, as well as if someone meets with a lawyer during an initial consultation, they should feel comfortable sharing their story. Even if after that meeting, the two sides decide not to continue with their professional relationship, the lawyer cannot disclose the details of that conversation with a third party. When a lawyer decides to take on a sexual harassment case, they can file the case without disclosing the victim’s name in the court documents. The identity of the victim might still be known by others related to the case or inferred from co-workers due to circumstances. However, if others attempt to look up the case, the name and other specific details will not be included in the final report.

Confidentiality During an Investigation

When an employee comes forward with a sexual harassment claim, it is a serious accusation that the company must treat as such. Once an accusation is made, a full investigation will be conducted to look into the accusation to verify its validity. The supervisor will either appoint someone to conduct the inquiry or do it themselves. There will be two goals of the investigation. The first is to obtain all the facts about the situation and get to the truth. The second, is to prevent any future problems from taking place again or stopping the ongoing abuse.

During an investigation, the person conducting the investigation must try to maintain the highest level of confidentiality as possible and protect the identities of the alleged victim and accuser. The investigator will have to disclose to the alleged abuser about the accusation and where it comes from and disclose some information to the people that were questioned. However, if the facts of the situation get out before a full and proper investigation, either the alleged accuser or harasser could sue on a few grounds.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Sexual Harassment in the Workplace

If you feel that you have been the subject of sexual harassment at work or you have been falsely accused of harassing someone at your workplace, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will investigate your case and determine the next best steps. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.