Sexual Harassment

Sexual Harassment

Robert Maizel is an Expert Sexual Harassment Attorney

Robert Maizel is an experienced Sexual Harassment Attorney.  No one should be exposed to sexual harassment in the workplace, but if you have, you need an experienced Sexual Harassment Attorney.

Sexual Harassment is prevalent in the news.  Stories have flooded our news feeds about Harvey Weinstein, Donald Trump, Bill Clinton, Louis C.K., Matt Lauer, Kevin Spacey, Les Moonves…. and the list goes on and on.  When we see famous names like these even accused of sexual harassment in the workplace. This shows that sexual harassment runs rampant in the workplace.  No one is insulated from this behavior, but everyone should be insulated.  No person should go to work with the fear of being Sexually Harassed; being subjected to demands for sex in return for their job, a promotion or a raise; being groped at work; or being exposed to comments that are sexually harassing in nature.  

Every employee has protection from this behavior.

Both women and men are subjected to Sexual Harassment.  The movie Horrible Bosses depicted Jennifer Aniston as a dentist who was sexually harassing her male dental assistant who repeatedly refused her advances.  As humorous as this movie was, it dealt with a very serious issue, Sexual Harassment; and even more it showed the public that men can be harassed too.  Recently, in Arizona, the EEOC won an action for two males who were harassed by co-workers, reported the harassment, and the employer (a bar) did nothing about the sexual harassment. 

Legal Background and Proofs of Sexual Harassment

Sexual Harassment is prohibited in the Workplace under Title VII of the Civil Rights Act of 1964 (Title VII), 42 USC §§2000e, et seqThe Pennsylvania Human Relations Act, 43 PS §§951,et seq. (PHRA), prohibits sexual harassment under the color of State Law.  

There are generally two methods to prove Sexual Harassment Discrimination: Disparate Treatment and Disparate Impact.

Under the theory of Disparate Treatment one can prove Sexual Harassment through:

  • Direct Evidence
  • Mixed Motives (lawful and unlawful reason for making the employment decision)
  • Circumstantial Evidence 

Under the Disparate Impact theory, the Plaintiff must demonstrate that the employer has a discriminatory pattern.

Sexual Harassment 

Males and Females are protected from Sexual Harassment.  Generally, the gravamen of a Sexual Harassment claim is that the alleged acts or misconduct are unwelcome to the victim.  Ogden v. Keystone Residence, 226 F. Supp.2d 588 (M.D. Pa. 2002).  

There are two forms of Sexual Harassment:

  • Quid Pro Quo Harassment
  • Hostile Work Environment 

Quid Pro Quo Sexual Harassment is where a person must choose between accepting unwelcome sexual advances from a superior or suffering a change their terms and conditions of employment.  This usually occurs in the situation where a boss forces their subordinate to have sexual relations in exchange of a raise or simply to retain their job. 

Hostile Work Environment Sexual Harassment is where the environment is so severe that it affects the stability of an employee.  To prove Hostile Work Environment, one must prove that (1) the harassed party suffered intentional discrimination because of their sex; (2) the discrimination was severe and pervasive; (3) the discrimination was detrimental; (4) the discrimination would detrimentally affect a reasonable person in a similar situation; and (5) respondent superior liability. Ogden v. Keystone Residence, 226 F. Supp.2d 588 (M.D. Pa. 2002).  

Employers are liable for the Sexual Harassment if the harasser is the superior of the alleged victim or in the line of supervisory authority.  

How Can Robert Maizel Help You?

I am an experience employment lawyer who handles these matters regularly.  Our team investigates your claim to secure all of the information to help obtain a positive resolution to your case.  We know the law and we understand your needs.  No matter what your question, please feel free to call us at 215-695-3000 to discuss your case.  All consultations are free of charge.

Robert Maizel, Esquire

Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.

You will speak to an attorney about your case!

Saffern & Weinberg has offices located in both Center City Philadelphia and Jenkintown, Pennsylvania.  Attorney Robert Maizel is a Partner with the Law Offices of Saffren & Weinberg.

Robert Maizel is associated with, and is Special Counsel with the Law Firm of Saffren & Weinberg. Robert Maizel is not a Law Firm, and rather Robert Maizel is affiliated with the Law Firm of Saffren & Weinberg.  All clients shall formulate an agreement with the Law Firm of Saffren & Weinberg, with the option of hiring Robert Maizel as lead counsel on your case to be heard in the State Courts of Pennsylvania, and Marc Weinberg as the lead counsel in cases to be heard in the Federal Courts of Pennsylvania.  Mr. Maizel handles all actions in the Administrative Courts of Pennsylvania including the EEOC and PaHRC.

Call Robert Maizel at 215-695-3000 to schedule your free consultation.

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