if i report sexual harassment could i go from 40hrs to 32hrs

i reported sexual harassment to the board of directors and was told it would stop but thereafter i have been harassed since and subjected to hostile work enviroment and i feel like this is constructive discharge

2 answers  |  asked Aug 24, 2010 11:45 AM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner
You have not indicated whether the sexual harassment you have reported was against you or involved completely other employees. There is a conflict of case law in the Third Circuit as to whether merely reporting sexual harassment constitutes such "opposition" as to protect you under Title VII of the Civil Rights Act.

I recommend that you contact an employment lawyer to discuss the complete factual background of your situation so that you can determine whether you do or do not have a cause of action.

You used the words "constructive discharge" and "hostile workplace" but these are legal terms, and whether they are appropriate needs to be assessed by a lawyer, not a lay person. Typically "constructive discharge" happens where an employee faces an environment in which no reasonable person would remain. A hostile work environment has to be "severe and pervasive" to be unlawful.

A lawyer cannot "diagnose" your problem over the web any more than a doctor can prescribe medication after reading a message on the web.

So, while I have given you the framework "around" your facts, you will need to see a lawyer to fill in the details.

Harold M. Goldner

posted by Harold Goldner  |  Aug 24, 2010 12:37 PM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, it is illegal under federal and state law for an employer to retaliate against an employee for reporting discrimination or sexual harassment. Furthermore, a reduction of work hours or termination of employment as a result of such retaliation is potentially 'wrongful termination' under Pennsylvania law.

If you are experiencing such retaliation, you should see an employment attorney immediately. If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Aug 24, 2010 12:13 PM [EST]

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