Legal Question in Sexual Harassment in Pennsylvania

Does this constitute sexual harassment?

On my birthday, I was wished a happy birthday by a known lesbian with a pat on the shoulder and an ''air kiss'' on the cheek. I thought nothing of this. Later, a fellow employee made a ''card'' for me by printing famous lesbians' pictures off the internet with handwritten comments by each one. A few days later, my boss asked me if this lesbian kissed me on the lips (which never happened). When I told him ''no'' he just said, oh, that's what ''they're saying'' I am very angry about this because comments have continued to be made to me by the ''card maker'' Does this constitute sexual harassment, and if so, do I have a case?


Asked on 11/17/06, 3:01 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Does this constitute sexual harassment?

You asked about sexual harassment.

What you describe could be considered sexual harassment, harassment, or possibly intolerable work conditions. You need to make it known plainly and clearly that you do not find talk of such a nature fun, funny, or tolerable.

While I agree that there is in general too much sensitivity at times, I also agree that there is more often too little sensitivity. If you do not wish to speak (or hear) about such subjects then you should not have to deal with this. Moreover, how do you think such conduct makes the other party feel? A person you are friends with may in the future be thwarted in her efforts at friendship because of the childish and insensitive conduct of co-workers.

You should report this conduct up the line of management. Preferably in writing. You may or may not identify persons. But you should make it known that such conduct, or retaliation for reporting such conduct will not be tolerated. While good humor is necessary in the workplace, it must stop before it makes persons uncomfortable.

If such action is not acted on, continues or is tolerated by the employer it is actionable including potential damages and punitive awards.

Regards,

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Answered on 11/17/06, 4:29 pm


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