Best Sexual Harassment Lawyers in Pennsylvania

About Sexual Harassment Law in Pennsylvania, United States

Sexual harassment is a form of unlawful discrimination that violates both federal and Pennsylvania state law. It generally refers to unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature that affects an individual's employment or creates an intimidating, hostile, or offensive working environment. These laws apply broadly across workplaces, schools, housing, and other public accommodations. In Pennsylvania, both employees and students are protected from sexual harassment under various statutes and regulations.

Why You May Need a Lawyer

If you experience sexual harassment, navigating the legal process can be complicated and emotionally difficult. You may need a lawyer in situations such as:

• Your employer or school failed to address or properly handle your complaint.
• You were retaliated against for reporting harassment.
• You have questions about your rights and the legal process.
• You feel pressured to accept an inadequate settlement offer.
• You are accused of sexual harassment and need to defend yourself.

A lawyer can help you understand your options, gather evidence, file timely complaints with the correct agencies, negotiate on your behalf, represent you during hearings or litigation, and ensure your rights are protected.

Local Laws Overview

In Pennsylvania, sexual harassment is primarily governed by the Pennsylvania Human Relations Act (PHRA) and federal laws such as Title VII of the Civil Rights Act of 1964. The PHRA prohibits discrimination, including sexual harassment, in employment, housing, public accommodations, and educational institutions. Here are some key aspects:

• Workplace Protections: Employers with four or more employees are covered. The law covers conduct by supervisors, coworkers, or even third parties such as customers.
• Complaint Procedures: Victims can file complaints with the Pennsylvania Human Relations Commission (PHRC) or the federal Equal Employment Opportunity Commission (EEOC). There are strict time limits for filing a complaint, usually 180 days with the PHRC and 300 days with the EEOC.
• Retaliation Prohibited: Employers and other covered entities cannot retaliate against individuals who file complaints or participate in investigations.
• Other Contexts: The PHRA also provides protections against sexual harassment in housing and public accommodations.

Many localities, including Philadelphia and Pittsburgh, have their own ordinances providing additional protections and remedies for sexual harassment.

Frequently Asked Questions

What qualifies as sexual harassment in Pennsylvania?

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, sexually explicit remarks, jokes, touching, gestures, and the display of offensive materials. It becomes unlawful when enduring the conduct becomes a condition of continued employment or creates an intimidating, hostile, or offensive environment.

What should I do if I am sexually harassed at work?

Document the incidents, report the harassment to your employer or human resources department according to your workplace policy, and keep records of your complaints. If your employer does not take appropriate action, you may have grounds to file a complaint with the PHRC or EEOC.

What is the time limit for filing a sexual harassment complaint in Pennsylvania?

You generally have 180 days to file a complaint with the PHRC and 300 days with the EEOC from the date of the last incident of harassment. Acting promptly helps protect your rights.

Does sexual harassment only apply to the workplace?

No, sexual harassment laws in Pennsylvania also apply to schools, rental housing, and public facilities. Protections extend beyond the workplace.

If I report sexual harassment, can my employer fire me?

Retaliation for reporting sexual harassment is illegal. If your employer fires you, demotes you, or otherwise punishes you for making a report or participating in an investigation, you may have legal grounds for additional claims.

Can men be victims of sexual harassment?

Yes, anyone can be a victim of sexual harassment, regardless of gender. Harassment can also occur between people of the same sex.

What remedies are available to victims of sexual harassment?

Remedies might include back pay, reinstatement to a job, compensation for pain and suffering, punitive damages, and changes to workplace policies and practices. Legal counsel can help you seek the most appropriate relief.

Do I need evidence to prove sexual harassment?

While evidence such as emails, texts, or witness testimony can strengthen your case, you can still pursue a claim based on your testimony alone. Keeping detailed documentation of incidents will help support your complaint.

Can I sue my harasser personally?

In most workplace cases, legal claims are directed against the employer who allowed the harassment to occur. However, under certain circumstances, you may have claims against the individual harasser, especially in cases involving physical assault or criminal conduct.

Should I hire a lawyer, or can I handle my claim on my own?

While you are not required to have a lawyer, legal representation is highly recommended. A lawyer can help you navigate the complex legal process, advocate for your rights, and maximize your chances of success.

Additional Resources

• Pennsylvania Human Relations Commission (PHRC) - Handles discrimination and harassment complaints in Pennsylvania
• Equal Employment Opportunity Commission (EEOC) - Processes federal complaints regarding workplace harassment and discrimination
• Pennsylvania Coalition Against Rape (PCAR) - Provides advocacy, support services, and information for sexual harassment victims
• Local Bar Associations - Referral services for experienced employment and civil rights attorneys
• Employee Assistance Programs (EAP) - Confidential workplace support and counseling services

Next Steps

If you are experiencing or have experienced sexual harassment in Pennsylvania, consider taking the following steps:

1. Document every incident of harassment, including dates, times, locations, and any people involved or who witnessed the behavior.
2. Report the harassment according to your employer's or institution's policy. Keep copies of all related correspondence.
3. Consult with a qualified attorney who specializes in employment or civil rights law. Many offer free or low-cost consultations.
4. If you wish to pursue a formal complaint, file it promptly with the PHRC or EEOC within the required deadlines.
5. Access counseling or support services to address any emotional or psychological effects.

Standing up against sexual harassment can be challenging, but you do not need to face it alone. Legal professionals, advocacy groups, and government agencies are available to support and guide you through the process.