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Sexual Harassment Attorney Philadelphia

What Defines Sexual Harassment in Employment in Philadelphia?

Employment sexual harassment in Philadelphia is a form of sex discrimination. It occurs when an employer, supervisor, co-worker, associate, or client makes unwelcome sexual advances or comments against an employee or job applicant.

Here are some facts about employment sexual harassment in Philadelphia that can help you better understand what makes you a victim in your place of employment:

  • Sexual harassment can occur between a man and a woman or people of the same sex
  • Sexual harassment can happen in the workplace or outside of the workplace at a company function or event, such as a holiday party in Westchester, a football game at Lincoln Financial Field, or a Comcast Center visit for a work-related meeting.
  • Sexual harassment can include verbal statements, criminal sexual actions, stalking, written communications, and unwanted sexual actions or advances
  • A sexually explicit photo can be sexual harassment
  • A sexually explicit joke can be sexual harassment
  • Sexual harassment can occur at any time, even when there is an intimate relationship between two people in a work environment
  • Sexual harassment can come from anyone in the workplace, regardless of whether they are your boss or supervisor, non-employee, or coworker.
  • Sexual harassment can include gender-based terms that you may find offensive. These terms may consist of “Honey,” “Sweetheart,” “Babe,” “Hun,” “Darling,” or any other word of a similar nature
  • A comment or action can be unwelcome, even if a person consents. He or she may “go along to get along.”

Your experienced employment sexual harassment lawyer within the County of Philadelphia will help you sort through your claim for sexual harassment at work. They will work with you throughout every step of the litigation process, answering any questions you may have.

You can trust that your Derek Smith Law Group attorney will advocate for your rights from the first filing until the final judgment.

Two types of sexual harassment claims occur in employment within the City of Philadelphia.

  • Quid Pro Quo. Quid pro quo means “this for that.” This phrase says it is a favor for a favor.  Under this type of claim, employment advances are given for sexual acts or favors.For instance, your boss may offer you a substantial raise if you agree to engage in sexual acts with him.Retaliation, such as wrongful termination or denying you an assignment or promotion for rejecting sexual advances, can also be a quid pro quo action in Philadelphia.
  • Hostile Work Environment. A hostile work environment is when unwanted comments or sexual conduct unreasonably interferes with the workplace. Your ability to properly do your job is compromised.

For instance, constant, sexually explicit jokes can drastically alter your working conditions. As a result, you are now working in a hostile work environment. A hostile work environment can also include:

  • Unwanted Sexual advances
  • Inappropriate and unwelcome touching
  • Emailing pornography or sexually explicit comics and jokes
  • Stalking throughout Center City, North Philadelphia, West Philadelphia, the Great Northeast, or areas within Philadelphia County and its surrounding areas.
  • Any other unwanted sexual behavior that is not a quid pro quo action.

Sometimes, sexual harassment can invade an online work environment. Many employees may work remotely from home in and around the Philadelphia city border. If an employer, CEO, manager, boss, or business associate uses the internet to harass employees or job applicants, you may have a claim for online sexual harassment in employment in Philadelphia.

Some examples of such sexual harassment claims in Philadelphia may include:

  • Sending sexting messages via text
  • Sending emails with requests for sexual favors
  • Sending emails with inappropriate images and videos
  • Cyberstalking
  • Sexual Bullying
  • Posting revenge porn on social media about a coworker
  • Making inappropriate comments in online meetings, like Zoom, Go to Meeting, Google Meets, or Microsoft Team meetings
  • Discussing coworkers’ attire and beauty during an online meeting
  • Sending emails, text message, and social media comments with sexual jokes

When working in a remote workplace in Philadelphia, sexual harassment can occur when you don’t even notice. Employers, coworkers, and business associates may feel more inclined to harass you from behind a keyboard.

You have the right to an online workplace in Philadelphia free from sexual harassment. Speak with the employment discrimination and sexual harassment attorneys at the Derek Smith Law Group in the City of Brotherly Love to help you develop a plan to fight online sexual harassment in your Philadelphia place of employment.

Work with your sexual harassment lawyer to file a complaint in the Philadelphia courts against your employer for employment sexual harassment. Allow your employer to guide you as your advocate. They will help you navigate the court system to fight online sexual harassment in employment.

Sexual harassment in employment in Philadelphia can take many forms. Some examples include:

  • A coworker massages your shoulders every time he passes you.
  • Your potential employer or interviewer rubs your knee as she asks questions about your past job.
  • Coworkers email pornographic videos or images to the office.
  • Your supervisor promises you better shifts if you go on a date with him.
  • Gay or Lesbian sexual harassment occurs when your coworker calls you derogatory names based on your sexual orientation.
  • Your client continually sends sexual text messages to your phone.
  • Sexism in the workplace occurs when your coworker makes jokes about women belonging in the kitchen instead of the office.
  • Your coworker Makes inappropriate sexual jokes.
  • Your boss Makes inappropriate sexual gestures or comments which bring attention to your body.
  • Your female boss keeps asking you to try making out with a woman, also known as Same-Sex harassment.
  • Your supervisor offers sexual gifts or favors.
  • Your coworker demands physical contact, such as a hug, kiss, massage, etc.
  • Your boss retaliates against someone you for denying his sexual advances.
  • Stalking
  • Criminal sexual acts, such as rape
  • Unwelcomed requests for sex 
  • Spreading sexual lies or rumors about a person that denied sexual advances.
  • Asking questions about another employee’s or job applicant’s sexual history or sexual orientation.
  • Sexual Coercion
  • Sexual bribery

Our experienced sexual harassment lawyers at the Derek Smith Law Group’s Philadelphia office can help you determine if you have an employment sexual harassment claim. They will listen to the details of your case and advise you on every aspect of your claim. They will then help you file your claim with the appropriate agency to ensure you have your day in the Philadelphia courts.

Your lawyer will advise you that you need proof of sexual harassment in employment. The Philadelphia courts want specific forms of evidence to prove sexual harassment in employment.

The following forms of evidence will help prove your sexual harassment in employment claims in Philadelphia:

  • Direct Evidence. Direct evidence occurs when there is a direct link to sexual harassment and a negative employment action. For instance, your boss tells you that if you do not perform sexual favors, he will demote you. You refuse the sexual favors. Therefore, your boss demotes you to a lower-paying position in the company.
  • Disparate Evidence. Disparate evidence occurs when you can show a link between sexual harassment and negative employment actions through a series of circumstances. For instance, your boss continually makes comments about your appearance. You ask him to stop. He does not. You complain to HR.

The next day, your boss suspends you without pay because you submitted a report without a glossary of terms. You have never submitted a glossary of terms with any report in the past. The instructions did not specifically request one for this report.

  • Policy Evidence. Policy evidence occurs when your company’s policy discriminates against you based on sex or gender. For example, the company policy states that men must wear tight pants while working with customers on the sale floor. Wearing tight pants does not enhance their job performance or provide additional safety.  This policy is a form of policy sexual harassment.

Your sexual harassment lawyer from the Derek Smith Law Group in Philadelphia will help you determine what evidence you have available for your employment sexual harassment case. They will help you file your claim in Federal or Philadelphia Court. They will use your evidence to advocate for the best possible outcome for your claim.

Employment sexual harassment in Philadelphia, a city with approximately 1,584,064 people, is rarely just one incident unless it is a criminal act. Therefore, you must gather evidence to show a pattern of this behavior. Keeping well-documented notes will only help your case both in and out of the courtroom. Make sure to record:

  • Each incident of sexual harassment
  • The people directly and indirectly involved in the incident
  • All offensive conversations or remarks
  • Emails or memos you have received (Keep a separate folder with this information and save everything in writing.)
  • Details regarding complaints you made, including when, to whom, what was said.
  • The response to your complaint
  • Any reactions to the alleged sexual harassment
  • How the incident made you feel
  • How the event affected work performance
  • How the event changed your general well-being
  • Any witnesses to the events and their contact information

You need a zealous sexual harassment lawyer in Philadelphia to help you sort your evidence and build the best case possible. The sexual harassment attorneys at the Derek Smith Law Group can help.

Your dedicated sexual harassment lawyer from the Derek Smith Law Group will help you use your evidence to file the most appropriate claims against your employer. They will work with you to address any counterclaims your employer presents by presenting the evidence you provided. Your Philadelphia employment sexual harassment claim has a wonderful opportunity to settle in your favor with their helpful advocacy.

Title VII of the Civil Rights Act of 1964 prohibits employment sexual harassment in Philadelphia on a federal level. Any employee working for a company with 15 or more employees is entitled to protection under the law.

The Pennsylvania Human Relations Act (PHRA) prohibits sexual harassment in the Pennsylvania workplace. The law protects Philadelphia employees subjected to sexual harassment at work in a company with four or more employees.

The Philadelphia Fair Practices Ordinance (PFPO) prohibits sexual harassment in the Philadelphia workplace against any employee within almost any Philadelphia business.

Your experienced sexual harassment attorney Philadelphia at the Derek Smith Law Group will help you decide the best laws to suit your sexual harassment in an employment claim. Whether your claim falls under federal or Pennsylvania law, your sexual harassment lawyers can assist with the process from the first filing through the final judgment.

Philadelphia laws prohibit sexual assault in the workplace and beyond. Sexual harassment becomes a criminal issue when it violates a person’s health and well-being. The harassment must result in events, such as the following:

  • Rape
  • Sexual Assault
  • Forced Sexual Contact
  • Bodily Injury During Sexual Attack

If you experience any of these incidents in your Philadelphia workplace, you may have a criminal claim for sexual harassment at work. File a charge with your local police department to ensure your attacker receives proper punishment.

However, you still have the right to file a complaint in civil court for sexual harassment. The Derek Smith Law Group’s team of sexual harassment lawyers and former sex-crimes prosecutors in Philadelphia will work with you to ensure you are properly compensated for this vicious workplace attack.

Sexual harassment in Philadelphia can occur anywhere people gather or perform transactions. State and Federal laws protect people from sexual harassment in schools, housing, and places of public accommodations.

Title IX of the Education Amendments of 1972 prohibits sexual harassment in any Philadelphia school that accepts federal funding. Federal funding can include scholarships and grants students use to attend school.

The Fair Housing Act prohibits Philadelphia landlords from sexually harassing tenants. It also prohibits homeownership decisions based on sex or gender. Under the law, a landlord may not evict a tenant who did not agree to perform sexual favors. The landlord cannot promise a tenant rent forgiveness if they perform sexual favors. Furthermore, a potential homeowner cannot get denied a mortgage or the sale of a home because of his sexual identity, orientation, or gender.

The PHRA not only protects your rights against sexual harassment at work. It also protects your rights against sexual harassment in public places. Any victim of sexual harassment in a public place in or around Philadelphia may file a claim under the PHRA with the Pennsylvania Human Relations Commission.

Pennsylvania requires all supervisors and managers to take and pass a sexual harassment and discrimination training course. The course is a web-based course that highlights the issues employees and employers should understand and avoid within the workplace.

According to the EEOC, Philadelphia managers and supervisors are the first line of defense against sexual harassment in employment. Therefore, the more information they have, the better they can stand up for the victims of sexual harassment in employment.

The EEOC gives you a time limit of 300 days from the date of the last incident of harassment to file your claim in a Philadelphia EEOC office.

Once the EEOC receives the claim, they will investigate. If they find enough cause for an allegation of sexual harassment, they will issue a Right to Sue letter. You and your attorney then have 90 days to file a complaint in federal court.

The Pennsylvania Human Relations Commission provides 180 days to file a claim of sexual harassment in Pennsylvania.

Finally, the Philadelphia Human Relations Commission sets a time limit of 300 days to file a claim for sexual harassment in Philadelphia.

Working with a top sexual harassment attorney Philadelphia, like the attorneys at the Derek Smith Law Group, can help you determine which law best suits your case.

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How Long Can a Sexual Harassment Lawsuit in Philadelphia Last?

A sexual harassment lawsuit in Philadelphia will last anywhere from 4 to 6 months to 10 years or more.

An employer may wish to settle the case quickly, avoiding negative publicity. The employer must be willing to negotiate a fair and reasonable settlement. This process may last as little as 4 to 6 months.

Some employers, however, are willing to take sexual harassment cases to court. It can take a few months to several years to finish the procedures that allow us to enter a courtroom. Pre-trial proceedings include questions, answers, and discovery.

You deserve a Philadelphia lawyer that knows his way around City Hall and the Philadelphia legal system. Your attorney should advocate for your employee rights to ensure the fastest and fairest settlement possible.

What Relief Can a Court Provide a Victim of Sexual Harassment in Philadelphia?

A victim of sexual harassment in Philadelphia has every right to want justice. The remedies for sexual harassment in Philadelphia can vary. Many victims will receive financial remedies as well as reimbursement of expenses and attorney’s fees.

In addition, the courts may require your employer to change the policies related to sexual harassment at work. For instance, courts may insist your employer changes its company policies. They may insist your employer institutes new punishments for those responsible for sexual harassment at work. They may also require your employer to rehire you if they wrongfully terminated you out of retaliation.

What Are Some Ways a Victim of Sexual Harassment in Philadelphia Can Prepare to File a Claim?

If you are the victim of sexual harassment in the workplace, you should be proactive and prepare for your case before you file your claim.

  • If you have not been fired or have not quit your job, don’t. Leaving your job can hurt your case.
  • If your company has an HR department file a complaint immediately.
  • If your company has policies and procedures regarding how to handle sexual harassment, follow them. While it may not make your situation any better, it will help your case.
  • Gather evidence. This includes documenting every incident of sexual harassment, where and when it occurred, who was involved, and whether there are any witnesses (include the witnesses’ names and contact info if you have it).
  • Contact an experienced Philadelphia Sexual Harassment attorney

Call Our Experienced Philadelphia Sexual Harassment Attorneys for a Free Consultation

No one deserves to deal with sexual harassment at work in the City of Philadelphia. Sexual harassment in employment is illegal, immoral, and damaging.

As an employee in Philadelphia, whether working in Center City, Rittenhouse Square, University City, Fishtown, the Greater Northeast, Fairmont Park, or any one of the many neighborhoods that make up Philadelphia, the largest city within Pennsylvania, you need an attorney who understands the issues you face in the workplace. Even in the sixth most populated city in the United States, your employment should remain a part of your life that you love.

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