Tuesday, July 27, 2010

Philadelphia Attorney Representing Employees Who Are Victims of Sexual Harassment on a Contingent Fee Basis

There Are Two Common Forms of Illegal Sexual Harassment 

A Horrible Situation - and Totally Illegal
Quid Pro Sexual Harassment takes place when a supervisor or manager conditions future job benefits and opportunities on an employee's agreement to engage in personal relations.  This is the classic form of sexual harassment: "sleep with me and I will give you a promotion," or "sleep with me or else you won't have a job."

You Do Not Need to Put Up With This
A Hostile Work Environment is another form of sexual harassment.  It is characterized by repeated comments about your anatomy or prospects of having sex with you, nudity being depicted in the office on a regular basis and/or pervasive use of foul and/or explicit language within your earshot.

What Should I Do If I Am Being Sexually Harassed in Pennsylvania?

Unless management is made aware of the situation, your rights are extremely limited, and perhaps non-existent.

If your supervisor is the harasser, you must report the conduct to upper management.

If your co-worker is the harasser, you must report it to your supervisor.

You Must First Report the Mistreatment to Management
if You Want the Situation Remedied
What Happens If I Make a Complaint to Management About Sexual Harassment, and Nothing is Done?

If, after management is made aware of the situation, inadequate steps are taken to protect you and punish the offender, then you are left with 3 choices:

1) do nothing and persevere (you may as well look for a new job and be prepared for your self-esteem to take a hit - but sometimes that is for the best);

2) report the company to the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission ("PHRC") and/or local agencies such as the Philadelphia Commission on Human Rights ("PCHR"); or,

3) quit your job.

If I Resigned Due to Sexual Harassment, Can Get Unemployment In Pennsylvania?

Before you quit your job, you should speak with an attorney to determine whether 1) you have a necessitous and compelling reason to quit your job so as to qualify for unemployment benefits; 2) whether you have a valid legal claim that sexual harassment caused your to quit your job.

Consider Seeking Counsel Before You Quit
I Quit My Job Because of Sexual Harassment Created a Hostile Work Hostile Work Environment, Do I Have a Case for Constructive Discharge?

If you can win unemployment benefits by proving that you had a necessitous and compelling reason to resign, you may very well be able to prove that you were constructively discharged from your employment.

Can My Philadelphia Employer Retaliate Against Me If I Report Sexual Harassment?

First of all, it is important to understand the "legal" definition of  "illegal retaliation."

Typically, the courts become concerned, and thus you have a claim for unlawful retaliation, if the employer responds to your complaint of sexual harassment with "adverse employment action." 

Such action includes demotion, failure to promote, suspension, transfer to a remote location, withholding bonuses, termination and serious actions like that.  Generally, the hallmark of adverse employment action is a change in your employment status that costs you money, or prevents you from making more money. 

How Long Do I Have in Pennsylvania to File a Claim of Sexual Harassment or Hostile Work Environment?  There Are Different Deadlines for Federal, State and Local Anti-Discrimination Statutes

300-Day Deadline is the Longest
All anti-discrimination statutes, whether federal, state or local, have "statutes of limitations" that require an individual to file a Charge of Discrimination within a given number of days from the date that the adverse employment action occurred.

If you suffer an adverse employment action in response to your complaint of sexual harassment complaint or sexually inappropriate hostile work environment, and wish to preserve your rights to a future lawsuit, you must file a charge with the EEOC within 300 days from the adverse employment action to preserve your rights under Title VII, and within 180 days to secure protection under the Pennsylvania Human Relations Act or the PCHR.

John A. Gallagher, Esquire Has Been Representing
Pennsylvania Employees Since 1991

Philadelphia Discrimination, Harassment and Retaliation Attorney Helping Employees Collect Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. 

John typically represents workers who need an employment lawyer throughout Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Sexual Harassment and Hostile Work Environment Lawyer Provides Free Telephone Consultations and Contingent Fee Representation

If you are owed money by your employer, are looking for a contingent fee lawyer who is experienced in suing employers who engage in or permit discrimination, retaliation, sexual harassment or hostile work environments, and live or work in Lower Pottsgrove, Lower Providence, Lower Salford, Malvern, Marcus Hook, Marlborough, Media, Merion, Merion Station, Methacton, Middletown, Montgomeryville, Morgantown,  Morton, Nether Providence, New Hope, Newtown, Newtown Square, Norristown, Northampton, North Wales, Norwood,  Nottingham, Oakmont, Oaks, Oxford, Paoli,  Parkesburg, Pennsbury, Perkasie, Perkiomenville, Phoenixville, Plymouth, Plymouth Meeting, Plymouth Whitemarsh, Pocopson,  Pottstown, Prospect Park, Quakertown, Reading, Red Hill, Ridley Park, Roxbury, Royersford, Salford, Schnecksville, Schuylkill, Selinsgrove, Sellersville, Sharon Hill, Skippack, Souderton, Southampton, Southeastern, Spring City, Spring House, Spring Mills,  Springfield, Sumneytown, Susquehanna, Swarthmore, Tamaqua, Tannersville,Telford and their surrounding areas, consider calling the Gallagher Law Group.

Need an Experienced Contingent Fee Lawyer to Sue Your Rx-Employer for Discrimination, Retaliation, Sexual Harassment or Hostile Work Environment?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.

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