Employment Law And Sexual Harassment
Steve Jarmon of Ciccarelli Lawyers welcomes your questions regarding employment law, employment issues and violations of employment law including employment discrimination and sexual harassment on the job:
What is employment discrimination?
Generally, employment discrimination occurs when an adverse action, such as a termination or demotion, is taken against an employee by his or her employer motivated wholly or substantially, by illegal considerations. The illegal considerations include the employee’s race, sex, age (must be over 40), disability, national origin and religion as determined by federal, and in some cases, state law. However, employment discrimination does not occur merely because a person fits into a “protected” category and suffers an adverse employment action. An employer may have legitimate business reasons for the action, and it is the burden of the employee to prove the reasons given by the employer are not the real reasons and the true motivation is your race, sex, etc. (Loose translation: If your boss fires or demotes you because of your race, sex, age, disability, national origin or religion, you have suffered discrimination but you are responsible for proving discrimination was his reason.)
Employment discrimination laws also protect employees from a “hostile environment” based, for example, on a person’s race or sex. For example, person subjected to constant racially (or age related) biased comments, jokes or other demeaning behavior by co-workers or management may have a case for hostile environment harassment.
Sexual harassment is a form of employment discrimination because a person is subjected to unwelcome and offensive acts based upon sex. Sexual harassment has been generally broken up into two categories: (1) “hostile environment” in which you are subjected to severe and pervasive sexually offensive conduct, such as unwelcome touching and grabbing, pornography, sexually suggestive jokes or comments in the workplace that a reasonable person would find offensive or (2) “quid pro quo” sexual harassment, in which your employment conditions, such as a promotion or the threat of being fired, are dependent upon sexual favors or advances.
What do I do when I am facing employment discrimination?
Federal anti-discrimination laws, as they relate to employment, require that an employee first file a “Charge of Discrimination” with the local office of the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission within 180 days of the last act of discrimination or harassment (such as a termination) or the employee’s rights to ever bring the matter to court are forever lost. In some cases we are able to extend this to 300 days, but, a case cannot be brought in Court unless the Charge is filed and the EEOC or PHRC has an opportunity to investigate your claim. Once the EEOC or PHRC has completed its investigation, you may then be issued a “Notice of Right to Sue” and only then are you allowed to file a lawsuit in United States District Court, and you must do so within 90 days of the “Right to Sue” being issued or once again, your rights are forever lost.
Time is of the essence in a employment discrimination case. It is very important that you contact an attorney as soon as you believe that you have been the victim of employment discrimination.
Do I need an attorney?
Yes. Employment discrimination and sexual harassment cases are complicated matters and involve substantial issues of law and fact that must be investigated by an attorney who is knowledgeable and experienced in this field. Very few attorneys are skilled or experienced enough to handle such complex and time consuming cases, and in fact, most attorneys will not accept employment related cases for those reasons, preferring to handle other less complicated and potentially more profitable cases. Every person has the right to stand up to the organizations or corporations that have wronged them. You should consult an attorney as soon as possible if you feel you have been discriminated against or harassed in order to make sure your rights are protected.
Have your rights been violated in the work place?
Do you feel your employer has failed to treat you fairly on the issues of affirmative action, employee benefits, whistleblower litigation, wrongful discharge, employment contracts, the Americans With Disabilities Act, the Family Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Federal Employer’s Liability Act, the Occupational Safety and Health Act, or special laws governing municipal employment? Employment law covers a complex network of laws that controls how
We charge various rates for personally consulting with you about these types of issues. Depending on the specific issues involved, and your status, we offer hourly rates, reduced fees, contingency fees, and modified contingency fees. The vast majority of employment cases we accept for litigation are accepted on either a full contingency, or a modified contingency fee basis. A modified contingency fee basis is one in which the client pays a modest amount for fees and costs at the outset of the litigation. The remainder of the fee is then based on a percentage of the funds recovered for you. If we are unable to recover compensation for you, you owe us no further fee. Protecting your rights is important to us. That is why our fee structure is based on both your individual circumstances, as well as the nature of your case. We will fully discuss and explain the fee provisions at the time we discuss your case.
Attorneys put up large sums of money on these complex cases in order to hire experts, and investigators, take depositions, gather evidence and oppose the lawyers of large corporations and their insurance firms. The attorney you choose must be able to cover the expenses for such battles.
What remedies are available for discrimination or harassment?
There are many remedies available to the employee in a successful employment discrimination or sexual harassment case. These range from injunctions prohibiting further acts of discrimination, to reinstatement of employment to monetary damages. Generally, the specific damages available in the average discrimination case consist of reimbursement of lost wages and benefits from the date of the act (i.e. termination) to the date of trial (or settlement), called “back pay,” reinstatement or “front pay” which is lost wages carried into the future from the date of trial as determined by the jury, compensatory damages, and less often, punitive damages. Additionally, if the employee wins their case, he or she may also be awarded attorneys’ fees and costs by the judge. However, an employee is always required to “mitigate” or reduce his or her damages by finding other employment or otherwise replacing their lost income and an employee who fails to do so may have his or her recovery substantially reduced.
What should I look for in a lawyer if I have been a victim of Discrimination?
You need an attorney who is experienced in discrimination cases because it is a very complicated area of the law. Employment and Sexual Harassment cases are frequently difficult. It is often hard to prove the facts and the legal issues are both relatively new and still changing. The attorney must have the skills to research and brief the legal issues and the litigation skills to present them persuasively in court. The attorney and the staff must be caring and responsive to the needs of the client as well as being a vigorous advocate.
Contact Us for More Information About Employment Law in Pennsylvania
Contact Steve Jarmon and the Employment law team of Ciccarelli Lawyers at (610) 925-2500 or toll free (877) 529-2422 to schedule an initial consultation if you have a question about your rights under Pennsylvania employment law, or have an issue or dispute that you believe needs legal attention. Our employment law practice is based in Chester County and we have locations in West Chester, Kennett Square and Exton and serve: Downingtown, Coatesville, Paoli, Malvern, Devon, Paoli, Oxford, West Grove, Lionville, Phoenixville in Chester County and also serve clients in Delaware County, Lancaster County, Montgomery County and Philadelphia PA.
