What are my rights working in a mental health facility if a client sexually harrasses me?

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What are my rights working in a mental health facility if a client sexually harrasses me?

My employer told me that I may not be able to press charges against this client because the client is in a “protected” environment. I am very upset over this occurance (he exposed himself to me and used sexually explicit language), however, am afraid to take action for fear of losing my job.

Asked on June 10, 2009 under Employment Labor Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Well, this may be true == you are in a mental health facility.  That is like saying you can sue an inmate for sexual harassment if you are a guard.  In other words, you know what you were getting yourself into when you took the job. 

So, now the issue is are there laws that protect them over you and/or prevent you from suing your employer? Probably.  Your best bet is to confer with the following:

1. The Pennsylvania Dept of Labor and Dept of Mental Health

2. A labor law attorney.  Try www.attorneypages.com and check his or her record at the Pennsylvania State Bar.


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.

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