There are two types of sexual harassment: hostile work environment and quid pro quo. In the context of workplace harassment, quid pro quo harassment occurs when a job benefit is linked to an employee submitting to unwelcome sexual advances. A hostile work environment generally occurs when harassment is pervasive or severe.
In this type of claim, an employee would need to show that the harassment adversely affected them, it would adversely affect a reasonable person of the same sex in that job, and there is a basis for the employer to be liable for the sexual harassment. Under the doctrine of at-will employment, a Pennsylvania employer generally can terminate an employee with or without cause. However, this right to terminate an employee with or without cause is not absolute.
There are exceptions when an employer and an employee have an employment contract that specifies the reasons why an employee may be terminated, or when there is a law that protects an employee from discriminatory termination. Additionally, there may be a wrongful termination claim when an employer retaliates against an employee for exercising a protected right.
An employment discrimination attorney in the Philadelphia area can help you bring a wrongful termination claim. Employment discrimination laws also guard against employer retaliation against an employee who engages in protected activities. Protected activities can include complaining to management about discrimination or harassment, protesting discrimination that happens to someone else, supporting coworkers who have filed formal charges, opposing discriminatory employment practices, and participating in certain anti-discrimination proceedings.
An employer might also retaliate against an employee for asking for a reasonable accommodation because of a disability. To prove retaliation, a plaintiff needs to show that they engaged in a protected activity, they received a materially adverse employment action, and a causal link connected the protected activity to the adverse action.
Federal and Pennsylvania laws provide minimum wage requirements. There are also overtime requirements. Wage and hour claims are often brought as class actions because an employer may have violated the rights of many employees in the same way. This can be a cost-effective and efficient way to obtain remedies for employees whose individual claims would not have substantial value. The Family and Medical Leave Act FMLA is a complicated law that provides for unpaid leave for certain reasons specified by statute when an eligible employee works for a covered company.
A covered company needs to have at least 50 employees within 75 miles of one another. Employees are eligible if they worked for the company for at least 12 months and for 1, hours within the 12 months before taking FMLA leave. The leave consists of a job-protected 12 weeks off from work during a month period. A Philadelphia employment discrimination lawyer can help you protect your rights if your employer mistreated you because you requested or took FMLA leave. Employment contracts are often signed at the start or end of an employment relationship.
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