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sexual harassment at work! is it worth going to trial?

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pghJ

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania. Ok my gf works at a resteraunt here in pgh. A new bartender/server was hired a couple months ago. Since then she says he has constently harassed her. He says vulgarities a nd has even stuck his hand up her skirt, and on another occassion through ice up her skirt. When she told her manager who by the way is this guys best friend and roomate, he called him to the office and they both began to verbally attack her calling her a whore and saying she was lieing. They also said that nobody at her job liked her or wanted to work with her. She then explained that she had a witness to more than one of her claims against him, so he was then called to the office. After he told the manager that she was telling the truth and he did actually witness these claims they then said he was lieing. Well she went in to get her tips today and looked at the schedule, she only had 2 days but usually has 4 or 5. The 2-3 other days she usually works was giving to him. Now im pretty sure this is a good case, my question is should we settle or go to trial?
 


W

Willlyjo

Guest
What is the name of your state (only U.S. law)? Pennsylvania. Ok my gf works at a resteraunt here in pgh. A new bartender/server was hired a couple months ago. Since then she says he has constently harassed her. He says vulgarities a nd has even stuck his hand up her skirt, and on another occassion through ice up her skirt. When she told her manager who by the way is this guys best friend and roomate, he called him to the office and they both began to verbally attack her calling her a whore and saying she was lieing. They also said that nobody at her job liked her or wanted to work with her. She then explained that she had a witness to more than one of her claims against him, so he was then called to the office. After he told the manager that she was telling the truth and he did actually witness these claims they then said he was lieing. Well she went in to get her tips today and looked at the schedule, she only had 2 days but usually has 4 or 5. The 2-3 other days she usually works was giving to him. Now im pretty sure this is a good case, my question is should we settle or go to trial?
I think you are way too premature to be thinking of settling or a trial. I think you have to be working for an employer that has at least X amount of employees before you can file a claim with the EEOC regarding sexual harassment.

Also, if a co-worker stuck his hand up your gf's skirt, I would be calling the police and having him arrested for sexual battery. That is what should have happened! Maybe your gf can still file a report with the PD! Even without having access to the EEOC, she still might be able to recover some type of damages for the harassment and sexual battery that she is a victim of. Have her consult with a lawyer after she files a report with the PD.
 

cbg

I'm a Northern Girl
Surprisingly enough, willlyjo is at least partially on target.There is no you here, and she is a long way from either settling or a trial yet. Before she can take any kind of legal action, she needs to file a complaint with the EEOC, and before she does that, she really should be reporting this to HR or corporate or another manager. It's not mandatory to report it internally first, but she can do serious harm to an eventual claim if she doesn't. And if she can get it stopped that way, so much the better.

I think an sometime-after-the-fact report of sexual battery might be pointless now, but it can't hurt to try.
 
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Willlyjo

Guest
Surprisingly enough, willlyjo is at least partially on target.There is no you here, and she is a long way from either settling or a trial yet. Before she can take any kind of legal action, she needs to file a complaint with the EEOC, and before she does that, she really should be reporting this to HR or corporate or another manager. It's not mandatory to report it internally first, but she can do serious harm to an eventual claim if she doesn't. And if she can get it stopped that way, so much the better.

I think an sometime-after-the-fact report of sexual battery might be pointless now, but it can't hurt to try.
Off the top of my head, I'm under the assumption that the gf works in a small business owner type restaurant not attached to a franchise or corporate entity. If so, that wouldn't allow her to file an EEOC claim, right? Or is it that anyone who is sexually harassed can file an EEOC claim no matter the size of an employer?
 

cbg

I'm a Northern Girl
The Federal level is 15 employees. State level can vary. I don't know PA's off the top of my head. But I didn't see anything to suggest that this was a small business owner.
 

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