Legal Question in Sexual Harassment in Pennsylvania

Re: What can be used as evidence?

Here is some general advice about sexual harassment. I would need to speak with you and receive more details to give you more specific advice:

1. Let the harasser know that the behavior is offensive and you want it to stop. Simply not saying anything to someone who is sexually harassing you will only lead to more offensive conduct. Make clear you find the behavior offensive. Also, if you file a claim, many times the employer or company will argue that you never complained about the behavior.

2. Keep a dairy of all the incidents.

You should write down all the behavior that offends you in a diary. Record the date, time and place and the names of any other people who are there. This will help you to remember details if you have to make a complaint. If the harassment is affecting your health, causing symptoms of stress or depression, for example, go to see your doctor. Many times when a claim is made, the employer or company attempts to suggest that there were only one or a few isolated incidents of sexual harassment. It is important to remember details, especially in a hostile work environment claim to be able to show continuous and persistent conduct.

3. Complain to your supervisor or Human Resources Department:

Find out if your company has a sexual harassment policy or grievance procedure. You should try to follow that procedure in reporting the sexual harassment. If your supervisor is the harasser, you should report your complaint to human resources or some other supervisor. Make sure you document your complaints. If you e-mail your complaint, print a copy of the e-mail and save it for your records. If you have a meeting with a supervisor, you should take notes either at the meeting or immediately following the meeting. You may want to send a letter or e-mail documenting what was said at the meeting. Whoever you report to must make certain that your complaint is investigated and that something is done about it. Make a record of the date you complained about the harassment, whom you spoke to, what was said and what action was agreed on.

4. Seek the advice of an attorney

Only an experienced sexual harassment attorney can evaluate your case and advise you of your rights. Please call me for a free evaluation of your case. 215-557-8686.

Edith Pearce, Esquire.