Can I sue for being sexually harrased by another male then discriminated against for not being gay?
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Can I sue for being sexually harrased by another male then discriminated against for not being gay?
I am in a predicament at work. I have a co-worker who is homosexual and he touches me, try to kiss me, sends me texts calling me babe, saying I love you, talking about how sexy I am, etc. Anyway, I asked him to stop in person and over text messages as well. He wrote back calling me all sorts of names and when no one was around tried to attack me on several occasions. I confronted my supervisor about this, however she took no action because she and  my co-worker are close friends, going out for drinks, dinner, etc. Since then I been getting discriminated against because I am straight and not interested in a man. She has been very rude to me, criticizing my work and work ethic, piling on extra work, and yelling at me on purpose to force me out. Can I sue the institution for discrimination? Can she and my co-worker lose their job? Lastly should legal action be taken?Â
Asked on April 7, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sexual orientation discrimination (e.g. discrimination against someone because thtey are gay, or because they are not gay) is not illegal under either federal or Pennsylvania law. However, sexual harassment or discrimination, such as unwelcome advances or retaliating against someone because they do not reciprocate sexual interest, is illegal. You should speak with an employment law attorney--you may have a legal claim against your employer, for tolerating the sexual harassment and for retaliating against you for reporting it. In addition, if you have been attacked, that is both potential grounds for a lawsuit (against the attacker for the attack; and possibly against the employer, for negligent supervision) and even for criminal prosecution (assualt and battery).
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