Thursday, November 16, 2017

#MeToo - The Rules and Deadlines for Sexual Harassment Claims - A List of Most Famous Sexual Predators

Cosby, Trump, O'Reilly, Weinstein, Ailes, Thomas -
Just to Name a Few
Why Don’t More Women Complain About Sexual Harassment in the Workplace?

Every week, I received no less than 20-30 e-Mails or phone calls from employees seeking guidance on a vast array of workplace issues.

Once every three or four months, I actually receive a communication from someone seeking representation concerning a sexual harassment claim.

Far More Common Than Reported

You heard me right - once every three or four months. I have lamented in the past that for a variety of reasons, women do not come forward with sexual harassment claims.  

I have questioned why it is that my social media efforts, which generate a fairly substantial stream of constant pretension potential client inquiry, almost never generate a call concerning sexual harassment. Is there something I’m doing wrong? Yet, I have talked to other colleagues, and it seems like they have the same type of experience. Indeed, I cannot remember the last time I saw a case involving an “ordinary” female employee in the Philadelphia area who made a claim of sexual harassment that generated any notoriety. Heck, I think you have to go back to the 1993 verdict in the case brought by Philadelphia lawyer Kathleen A. Frederick against Philadelphia lawyer, and then-Barnes Foundation curator, Richard H. Glanton

How Long Do I Have to File a Claim of Sexual Harassment, Retaliation or Hostile Work Environment?

In order to protect your rights under Title VII to pursue a claim of sexual harassment, you have to file a Charge of Discrimination with the Equal Employment Opportunity Commission within 300 days of the first act of harassment. If thereafter you are subject to retaliation, you must file a Charge relating thereto within 300 days of the act of retaliation. If you fail to meet this deadline, it is extremely likely that you will be prohibited from ever taking any legal action under Title VII relating to the mistreatment to which you have been subjected. 

Few Exceptions to 300-Day Rule Exist...
And deadlines for filing similar charges under state and local laws are usually shorter than EEOC's 300 days (for example, to preserve your rights under Pennsylvania state law, you must file a Charge within 180-days of the act of harassment/retaliation). 

Click Here to read a more comprehensive and recitation as to the timing of preserving one’s rights under state, federal and local municipal employment laws.

A recent article published by, The Decision to Name or Not Name a Sexual Harasser cites a study from Lilia Cortina, professor of psychology and women's studies at the University of Michigan.  The study found that two-thirds of employees who complained of sexual harassment said they suffered retaliation after they reported. According to Ms. Cortina’s findings:

Women don't want to engage in the reporting process because it's              fundamentally a damaging process. Their reputations get damaged. It's distressing and humiliating to have to keep recounting your story again and again: to HR personnel, to investigators, to whoever keeps calling. Often they're met with disbelief, questions about what they were doing, what they were wearing, or just dismissive responses.

Should You Join the Movement?

Perhaps, though, the vast array of men who have confessed to sexually predatory practices will provide new confidence to the #MeToo movement.  Recently, CNN published an article, The (incomplete) list of powerful men accused of sexual harassment after Harvey Weinstein, containing 11 such confessions from famous or powerful men accused of such behavior.

Many “Deeply Sorry and Ashamed” Men Out There
Should I Hire a Lawyer Before I Complain About Sexual Harassment at Work?

Suggestion: Employ Counsel
If women wish to take the next step towards equal opportunity (and of course they do!), that is the right to be free from sexual predators at work, they’re going to need to step up their game when it comes to complaining about such workplace misbehavior. It is my humble view that making a complaint without representation by counsel is a mistake, because retaliation is much more likely if an employee is not represented by counsel.

Philadelphia Area Sex Harassment Attorney Representing Employees

Representing Pennsylvania's Workforce Since 1991

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

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Sexual Harassment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an experienced secual harassment lawyer, and live in Radnor, Villanova, Wayne, Paoli, Malvern, Frazer, Exton, Downingtown, Phoenixville, Royersford, Oaks, Pottstown, Bryn Mawr, Ardmore, Broomall, Newtown Square, Media, Nether Providence, Swarthmore, Blue Bell, Pennlyn, Lower Gwynedd, Doylestown, Chalfont or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Philadelphia Area Hostile Work Environment and Retaliation Lawyer

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.

1 comment:

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