Best Sexual Harassment Lawyers in Philadelphia

About Sexual Harassment Law in Philadelphia, United States

Sexual harassment in Philadelphia is addressed through a combination of federal, state, and local laws. Federal law - primarily Title VII of the Civil Rights Act of 1964 - prohibits workplace discrimination and harassment by employers that meet certain size thresholds. Pennsylvania law - including the Pennsylvania Human Relations Act - provides additional protections. At the city level, the Philadelphia Commission on Human Relations enforces the Philadelphia Fair Practices rules and ordinances that prohibit harassment and discrimination in employment, housing, and public accommodations. Sexual harassment claims can also arise in educational settings under Title IX and can overlap with criminal law when conduct rises to assault or other offenses. Remedies may include administrative resolutions, monetary damages, injunctive relief, reinstatement, and other corrective actions.

Why You May Need a Lawyer

Many people benefit from hiring a lawyer when dealing with sexual harassment because the process can involve complex administrative procedures, tight filing deadlines, and nuanced legal standards. Common situations where legal assistance is helpful include:

- Filing an administrative charge with the Equal Employment Opportunity Commission or a state or local agency and deciding whether to pursue state or federal remedies.

- Proving harassment that creates a hostile work environment or a quid-pro-quo situation by collecting and preserving evidence, identifying witnesses, and crafting persuasive legal arguments.

- Facing employer retaliation after reporting harassment, such as wrongful termination, demotion, reduced hours, or other adverse actions.

- Seeking damages for emotional distress, lost wages, and punitive compensation when appropriate.

- Navigating harassment in schools under Title IX, where prompt action is often required and institutional procedures differ from workplace processes.

- Coordinating civil claims with potential criminal investigations, working with law enforcement, and protecting your legal rights across multiple forums.

Local Laws Overview

Key legal frameworks and practical points relevant to Philadelphia include:

- Federal law: Title VII prohibits sexual harassment by employers that meet federal criteria, and it provides remedies through the Equal Employment Opportunity Commission. Title IX governs harassment in educational programs that receive federal funding.

- Pennsylvania law: The Pennsylvania Human Relations Act prohibits harassment and discrimination in employment, housing, and public accommodations. State procedures provide an administrative route for claims and sometimes different or broader coverage than federal law.

- Philadelphia law: The Philadelphia Commission on Human Relations enforces city-level ordinances prohibiting discrimination and harassment in employment, housing, and public accommodations. The city agency also handles complaints, investigations, and conciliations specific to Philadelphia.

- Employer size and coverage: Federal and state protections can differ by employer size and context. Title VII applies to employers above the federal threshold; state and local laws sometimes cover smaller employers or provide different remedies. Check with an attorney or an agency to determine which laws apply to your situation.

- Remedies and caps: Remedies potentially include back pay, front pay, reinstatement, equitable relief, compensatory damages for emotional distress, and punitive damages in some federal claims. Federal law includes statutory caps on compensatory and punitive damages that vary by employer size. Administrative exhaustion is usually required before filing in court.

- Time limits: There are strict deadlines for filing administrative charges. Timelines vary by statute and forum, so prompt action is important to preserve legal options.

Frequently Asked Questions

What exactly is sexual harassment?

Sexual harassment includes unwelcome conduct of a sexual nature that is severe or pervasive enough to create a hostile, intimidating, or offensive work environment, or when submission to sexual conduct is used as a condition of employment - known as quid pro quo harassment. Harassment can be verbal, physical, visual, or electronic, and it can be committed by supervisors, coworkers, clients, or third parties.

Who is protected from sexual harassment in Philadelphia?

Workers, applicants, students, tenants, and members of the public are protected under different laws. Federal, state, and local laws protect people regardless of gender and include protections for same-sex harassment. Coverage depends on the setting - workplace, school, housing, or public accommodation - and the applicable statute or ordinance.

Do I have to file an internal complaint with my employer before filing with an agency?

Many employers have internal complaint procedures and reporting to human resources is often recommended because it gives the employer a chance to address the issue. However, internal reporting is not always required before filing an administrative charge. In some cases - for example if you fear retaliation or further harm - you should consult an attorney or agency before making an internal report.

What are the typical time limits for filing a claim?

Time limits vary by the law and forum. Federal charges to the EEOC generally must be filed within a set period from the alleged discriminatory act, which may be extended if a state or local agency covers the area. State and city agencies have their own deadlines. Because time limits are strict and can bar claims if missed, contact an attorney or the relevant agency promptly.

Can I sue my employer in court?

Often you must first file an administrative charge with the EEOC or the appropriate state or local agency and receive a right-to-sue notice before filing a federal lawsuit. State law procedures may allow different paths. A lawyer can help you understand which administrative steps are required and whether a lawsuit is the right next step.

What kinds of evidence are useful in a sexual harassment claim?

Useful evidence includes written communications such as emails and text messages, voicemails, photos, witness statements, contemporaneous notes you made about incidents, personnel records, complaint logs, performance reviews, and any documentation of the employer response. Preserving electronic evidence and recording dates, times, and details as soon as possible is important.

What remedies can I recover if my sexual harassment claim is successful?

Possible remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages in some federal claims, injunctive relief to change employer practices, and attorney fees and costs. The availability and amount of damages depend on the law under which you bring your claim and the specifics of your case.

What if my employer retaliates after I report harassment?

Retaliation for reporting harassment is illegal under federal, state, and local laws. Retaliatory actions can include termination, demotion, reduced hours, negative evaluations, or any adverse action that would deter a reasonable person from complaining. You can raise retaliation as a separate claim, and evidence of timing and employer conduct is important.

How does sexual harassment in schools differ from workplace harassment?

Sexual harassment in schools is often governed by Title IX, which requires schools receiving federal funds to investigate and address harassment that denies or limits a student’s ability to participate in educational programs. School procedures, timelines, and available remedies are different from workplace processes, and schools typically have designated Title IX coordinators and grievance procedures.

Should I report harassment to the police?

If the conduct includes assault, sexual assault, stalking, unwanted touching, or other criminal behavior, you should consider reporting to law enforcement. Civil harassment and criminal offenses are separate tracks and you can pursue both. If you are unsure, consult an attorney or a victim services organization for guidance and support.

Additional Resources

Below are organizations and agencies that can provide assistance, information, or referrals. Contact them directly to learn about filing complaints, counseling, victim services, or legal referrals.

- Equal Employment Opportunity Commission - for federal workplace discrimination and harassment charges.

- Pennsylvania Human Relations Commission - the state agency that handles discrimination and harassment under state law.

- Philadelphia Commission on Human Relations - the city agency that enforces Philadelphia anti-discrimination ordinances.

- Title IX office or Title IX coordinator at your school or university - for harassment in educational settings.

- Local victim services and advocacy groups - including organizations that provide support and counseling to survivors of sexual harassment and assault.

- Philadelphia Bar Association Lawyer Referral and Information Service and local legal aid organizations - for referrals to experienced employment and civil rights attorneys.

- Nonprofit legal advocacy groups focused on employment law, women’s rights, and civil liberties, which can offer guidance or referrals.

Next Steps

If you believe you have experienced sexual harassment in Philadelphia, consider the following practical steps:

- Get to a safe place and seek medical attention if you need it. If a crime has occurred, consider contacting law enforcement.

- Document everything as soon as you can - dates, times, locations, what was said or done, names of witnesses, and any physical evidence or communications.

- Review your employer or school complaint procedures and consider filing an internal complaint unless doing so would increase risk. Save copies of any reports you make.

- Preserve electronic evidence - do not delete emails, text messages, social media messages, or other records related to the harassment.

- Contact an agency that handles discrimination complaints to learn about administrative filing deadlines and options.

- Consult an experienced employment or civil rights attorney for advice about your rights, potential remedies, and the best forum for your claim. Many attorneys offer free initial consultations or can help with agency filings.

- Seek emotional support through counseling, support groups, or advocacy organizations. Addressing the personal impacts of harassment is an important part of recovery.

Acting promptly helps protect your legal rights. If you are unsure where to start, reach out to a local legal referral service or an advocacy group for guidance on next steps tailored to your situation.