Can I sue my employer for defamation and gender discrimination in this situation?

I am the only female on a team of 6. I have been at this job for 1.5 years. From the very beginning, a co-worker has called me ugly, said he hates my voice, spread rumors that he thinks I have aids, told my boss he thinks I am on drugs, tried to get me fired by lying to my boss and HR.He even told my boss all these things so he is well aware! I never complained. I just sat back and overheard my boss's boss defend me and say "it is because I am a woman". However, nothing was ever done about things. It got worse: my boss started conspiring with him against me to protect him! In fact, I complained to my boss and the result was I was demoted! So, I quit because the emotional toll was unbearable and I am happy at a new job. Can I still sue?

Lansdale, PA -

Attorney Answers (2)

Edward Clement Sweeney

Edward Clement Sweeney

Employment / Labor Attorney - Downingtown, PA

Yes. You have two good potential causes of action. My advice is to call an employment litigator and place no more information in an e-mail because at this point you would benefit from a private analysis.

Edward C. Sweeney

Christopher Edward Ezold

Christopher Edward Ezold

Employment / Labor Attorney - Bala Cynwyd, PA

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.

That being said, if you were forced to quit in the last 300 days, you have a right to sue under the federal antidiscrimination laws; if it happened within 180 days, you also have claims under Pennsylvania law. When we handle these claims, it becomes more difficult when the client has quit - however, you may still have viable claims. You should contact and employment attorney ASAP.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My... more

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