What do I do if my company will not fire someone that called me a derogatory term because I am a female?

The company is putting him on a final warning, and telling me that I still have to work as his supervisor. The word he used was extremely offensive, and I do not feel comfortable being around him, much less his supervisor.

Asked on March 16, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, it seems as if the company has investigated and is taking appropriate action--someone called you a derogatory, gender-related term and has been put on final warning. As long as an employer takes reasonable action when faced with sexual harassment or discrimination, they have fulfilled their obligation. The law does not require an employer to terminate a sexual harasser--that is not the only allowed response. The law also does not require them to take an action which you personally find comfortable. If this person continues to make offensive, gender-related comments or commits some other act of sexual harassment, then if the employer does not follow through and, for example, terminate him at that time, you may have a legal action and be entitled to sue your employer for giving sexual harassment a pass.


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