Can I sue for being sexually harrased by another male then discriminated against for not being gay?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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? 

Asked on April 7, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption