Pennsylvania – December 17, 2020

Legal claims for sexual harassment under Title VII of the Civil Rights Act can be pushed forward, as workplace discrimination, but employers may have other alternatives to resolve these issues in Philadelphia.  Protections under Title VII give victims an avenue to sue for damages under the law, and experienced attorneys can help with guidance, and legal action when it is required. Workplace mediators can be of assistance in harassment cases as well.

Resolve workplace harassment.

Workplace harassment can take a long time to remedy, not just in terms of proactive policy development against harmful behaviors that intimidate, or injure employees, but also for resolution to remove people from positions of authority that sometimes allow for negative engagement.  It took two years for a manager of retail operations at a Philadelphia museum to be removed from his position, after he was abusing, and even striking employees.  An attorney experienced in workplace harassment can guide a victim’s actions regarding incident reporting, and how to request an employer’s help.

Employer actions.

 A positive settlement award may be the result of a strong case presented by experienced legal counsel, but employer actions are important to build a claim, and resolve issues.

  1.  All employees should be made aware of employer’s policy on sexual harassment from the first day of employment.
  2. An organization must have an objective party that can accept a sexual harassment complaint when an employee cannot go to their immediate supervisor.
  3. Investigate the complaint.
  4. Talk with employee who has made the complaint and advise that they should follow up if there is any form of retaliation.
  5. Assure the accused that an unbiased examination of the facts will occur.
  6. Interview witnesses to the harassment action.
  7. Interview the accused harasser.
  8. Consult with human resources and legal counsel.
  9. Reprimand or terminate the employee with notice in their employee file.

Sexual harassment claims are only valid if the sexual behavior exhibited is unwelcomed, and it can affect both men and women in the workplace, without relevance to positions held at a place of employment. Sexual harassment is illegal when it is so frequent, or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision, such as a victim being fired, transferred, or demoted.

 Legal counsel.

Victims of sexual harassment have legal options against sexual harassment, and all employees working in the United States have the option of making a formal Equal Employment Opportunity Commission complaint against the alleged sexual harassment in the workplace, but it must be initiated within forty-five days of the alleged incident and follow all other requirements under the law. If an employee does not wish to proceed with any other steps before contacting EEOC, they do not need to, and may seek alternate professional legal counsel for guidance.

 

 

Sources.

https://www.inquirer.com/news/philadelphia-museum-art-james-cincotta-workplace-harassment-hit-20200221.html

https://www.justice.gov/crt/fcs/TitleVI-Overview

https://www.ada.gov/

https://www.justice.gov/crt/fcs/TitleVI-Overview

https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967

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