Best Sexual Harassment Lawyers in Scranton

About Sexual Harassment Law in Scranton, United States

Sexual harassment is a pervasive issue that affects many individuals in the workplace and other environments. In Scranton, as in the rest of the United States, sexual harassment is considered a form of discrimination that is prohibited under federal law, particularly Title VII of the Civil Rights Act of 1964. This legislation forbids employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), and national origin. Pennsylvania state law also has provisions against sexual harassment, further supporting the protection of individuals in the workplace and educational settings. Understanding these laws is crucial for anyone facing such issues in Scranton.

Why You May Need a Lawyer

There are several scenarios where consulting with a lawyer may be crucial if you are dealing with sexual harassment in Scranton. You might need legal assistance if:

- You have experienced unwanted sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature in your workplace or educational institution.

- You are uncertain about how to document or report the harassment you are experiencing.

- You face retaliation or negative consequences at work or school after reporting sexual harassment.

- You require guidance on how to navigate the complexities of filing a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar body.

Legal assistance can help you understand your rights, evaluate your situation, and pursue appropriate legal actions.

Local Laws Overview

Apart from federal protections, Pennsylvania's Human Relations Act provides a legal framework to address harassment issues, providing state-level coverage in Scranton. This law makes it illegal for employers with four or more employees to discriminate against individuals based on sex, which encompasses sexual harassment.

It is important for residents of Scranton to be aware that both federal and state laws can apply simultaneously, offering broader protection. Additionally, employees in larger enterprises may also benefit from internal policies aimed at preventing and addressing sexual harassment.

Frequently Asked Questions

What constitutes sexual harassment in the workplace?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can also include offensive remarks about a person's sex. The law does not prohibit simple teasing or offhand comments, but harassment is illegal when it is frequent or severe, creating a hostile or offensive work environment.

How do I file a complaint about sexual harassment in Scranton?

You can start by reporting the harassment to your employer if they have a policy in place. You may also contact the EEOC to file a complaint. If you're unsure about the process, consulting with a lawyer can provide clarity and ensure your rights are protected.

Can my employer fire me for reporting sexual harassment?

No, it is illegal for your employer to retaliate against you for reporting sexual harassment. Retaliation can include firing, demotion, or other adverse actions. If you face retaliation, you have the right to file a retaliation complaint.

What evidence should I gather for my case?

Documentation is crucial in sexual harassment cases. Keep records of incidents, including dates, times, witness names, and details of the harassment. Save emails, texts, or other communications related to the harassment.

How long do I have to file a sexual harassment claim?

In most cases, you must file a claim with the EEOC within 180 days of the harassment incident. However, this time limit can vary, so it's important to act promptly and seek legal advice if needed.

What if the harassment occurs outside of work?

Sexual harassment can occur in other settings, such as schools or public venues. Different laws may apply, depending on the context, but individuals may still have legal recourse under Pennsylvania state laws.

Can harassment occur if the harasser is of the same sex?

Yes, sexual harassment laws apply regardless of the harasser's or victim's gender. The key factor is that the behavior is unwelcome and based on sex.

Is it possible to resolve harassment issues without legal action?

Many organizations have internal procedures to address harassment, which may resolve issues without the need for legal action. Mediation or direct negotiation can also be options in less severe cases.

Should I quit my job if I'm being harassed?

Quitting a job due to harassment might affect your legal case and eligibility for unemployment benefits. It's advisable to consult a lawyer before making such decisions.

What role does my company's HR department play?

HR departments are typically responsible for investigating harassment claims, enforcing company policies, and resolving complaints. You should report incidents to HR as a first step, provided your company has a structured process in place.

Additional Resources

For those seeking help or more information on sexual harassment, the following resources may prove useful:

- Equal Employment Opportunity Commission (EEOC): Handles harassment claims and can provide guidance.

- Pennsylvania Human Relations Commission: Offers information and assistance regarding state laws.

- Local advocacy groups in Scranton: These organizations may offer support services and legal referrals.

- Legal aid societies: They can provide low-cost or free legal advice and representation.

Next Steps

If you believe you are a victim of sexual harassment and require legal assistance, the following steps can guide you:

1. Document all incidents of harassment meticulously.

2. Review your employer's policies and report incidents through appropriate channels like HR.

3. Consult with a lawyer to better understand your rights and potential legal actions.

4. Consider filing a formal complaint with the EEOC or state bodies, with guidance from your legal advisor.

5. Connect with local resources for support, advice, and representation if needed.

Remember, taking action promptly can ensure that your rights are upheld and that the harassment is addressed efficiently.