Unwanted Advances and Retaliation for Rejection
Pennsylvania and New Jersey Attorneys for Unwanted Advance Cases
A romantic or sexual advance may or may not constitute sexual harassment. Regardless, it is always the absolute right of the person to whom the advance is made to reject the advance and suffer no career repercussions. Unfortunately, this does not always happen. A worker who turns down an advance may suffer for it. This is illegal harassment.
Philadelphia and New Jersey Employment Lawyer for Unwanted Advance Harassment Cases
If you have been subjected to sexual advances at the work place that have crossed the line, or have rejected any type of advance and faced consequences, a dedicated Philadelphia and New Jersey sexual harassment lawyer can assist you in seeking compensation for you damages. At Console Mattiacci Law, LLC, we represent employees who are the victims of sexual harassment, including unwanted advances the repercussions that often follow rejection.
Call us today at 215-545-7676 to schedule a consultation to discuss your case. We represent clients throughout the Pennsylvania and Philadelphia area, including but not limited to Montgomery, Delaware, Chester and Bucks Counties as well as New Jersey. Our offices are in Philadelphia and Moorestown.
Information on Unwanted Advances on the Job
When people spend as much time together as co-workers, one may develop romantic or sexual feelings for another. The law does not prohibit dating or sexual relationships from forming between coworkers. It does, however, protect those who are not interested.
Whether an advance constitutes sexual harassment is a complex matter that depends on many factors. For instance, if a coworker asks another coworker of whom he or she is not the supervisor out for dinner, the ask in itself is unlikely to constitute illegal harassment. However, if the person persists after being rejected and the employer does not intervene, it may constitute harassment.
Some factors that may lead to advances being harassment include if the person making the advance:
- Persists after being rejected;
- Suggests any quid pro quo (i.e. offers a promotion in exchange for acceptance);
- Makes or suggests any type of threat;
- Is sexually graphic in their verbal or written description;
- Sends sexually graphic or nude photos in texts or emails; or
- Reads the victim’s emails or engages in any other stalking behavior.
If the employer is aware of sexual harassment and does nothing to stop it, the employer may be liable for any damages the victim suffers.
In some cases, the worst part of an unwanted advance is not the advance itself, but what comes after the advance. A person who rejects an advance may face retaliation. This is illegal harassment. Even if the initial advance did not constitute sexual harassment, any subsequent retaliation violates the law.
Retaliation may be overt. For instance, a supervisor may ask an employee out on a date or for a sexual favor. When the employee rejects the supervisor, the supervisor fires him or her.
In many cases, retaliation is more subtle. For instance, after a rejected advance from a supervisor, an employee may find that the supervisor give him or her less work, assigning tasks to other co-workers. This affects the employee’s advancement. It could be illegal retaliation.
The retaliation may also take the form of an unwelcome move to another job or division after reporting the harassment to move the complainant away from the harasser.
Console Mattiacci Law, LLC ǀ Philadelphia and New Jersey Unwanted Advances
If you have been the subject of unwanted advances, you may have a claim for sexual harassment. The same applies if you have rejected any advance and suffered any form of retaliation. A skilled Philadelphia and New Jersey sexual harassment lawyer at Console Mattiacci Law, LLC can assist you in getting the relief you deserve. Call us today at 215-545-7676 to schedule a consultation.
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