Thursday, November 16, 2017

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - 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, we receive many e-Mails or phone calls from employees seeking guidance on a vast array of workplace issues.

However, comparatively, it is relatively communication from someone seeking representation concerning a sexual harassment claim.

Far More Common Than Reported

Until recently, there have been few cases, nationally, that have involved highly visible and successful women seeking to prosecute such claims. The same has been true locally - "ordinary" women Ii.e. those not employed by media outlets or sports teams) tend to avoid making claims of sexual harassment, much less filing suit. In the Philadelphia area, you probably 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 to find the last "high-visibility" sexual harassment claim filed by a professional woman against her employer. 

Brett Kavanaugh Proceeding Demonstrates Why More Women Do Not Report Sexual Harassment in the Workplace




The Brett Kavanaugh proceeding is an obvious high-stakes affair, and the evidence that the Judge Kavanaugh was a misogynist in high school are seemingly undeniable (of course, we weren't there).  Yet, here was President Trump openly mocking Christine Blasey Ford, who's credible allegations of violent sexual aggression by Kavanaugh appear equally undeniable

Is it any wonder that women frequently choose to keep these things under wraps?

Put a Stop to Sexual Harassment, Sexual Discrimination, Retaliation and Unequal Pay

                                                     Think You Have a Claim for Sexual harassment, Sexual                                                                          Discrimination, Unequal Pay or Illegal Retaliation?  Call Today
                                                                       610-647-5027

But, you do not have to any more (easy to say, harder to do).  If you choose to come forward, retain a strong lawyer, and let he/she carry the water. That is what we are here for.

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 Money.com, 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. That said, it is our 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.  At a minimum, a woman enduring sexual harassment at work that has brought her to the brink (of quitting, or much worse), should reach out and discuss her options and potential strategies with a lawyer.  Make a plan - then execute!

                                                 The Impact of Sexual Harassment Can Be and Often is Devastating
                                                                            Call Us - Let's Execute a Plan
                                                                                    610-647-5027

Philadelphia Area Sex Harassment Attorneys Representing Employees