Quick Answer
Comprehensive guide to Pennsylvania sexual harassment law covering PHRA protections, employer obligations, filing complaints, and employee rights in harassment cases.
The Pennsylvania Human Relations Act (PHRA) prohibits sexual harassment in the workplace, covering employers with 4 or more employees. Understanding your rights and employer obligations is essential for addressing workplace harassment.
Quick Facts: Pennsylvania Sexual Harassment Law
| Topic | Pennsylvania (PHRA) | Federal (Title VII) |
|---|---|---|
| Employer Coverage | 4+ employees | 15+ employees |
| Filing Deadline | 180 days | 300 days |
| Agency | PHRC | EEOC |
| Damage Caps | No punitive | Up to $300,000 |
What Is Sexual Harassment?
Quid Pro Quo
Employment benefits conditioned on sexual favors:
- Job or promotion for sexual acts
- Threats for refusing advances
Hostile Work Environment
Unwelcome conduct that:
- Is severe or pervasive
- Creates intimidating environment
- Interferes with work performance
Examples
- Unwanted touching or physical contact
- Sexual comments, jokes, or gestures
- Requests for sexual favors
- Displaying offensive materials
- Sexual emails or messages
- Stalking or following
Employer Obligations
Prevention
- Maintain anti-harassment policy
- Train supervisors and employees
- Provide complaint mechanisms
Response
- Promptly investigate complaints
- Take corrective action
- Protect complainants from retaliation
Filing a Complaint
Pennsylvania Human Relations Commission
Deadline: 180 days Phone: 717-787-4410 Website: phrc.pa.gov
EEOC
Deadline: 300 days Phone: 1-800-669-4000
Cross-file to preserve both claims.
Internal Complaint
Consider reporting internally first, following company procedures.
Proving Harassment
For Hostile Environment
- Conduct was unwelcome
- Based on sex
- Severe or pervasive
- Employer knew or should have known
- Failed to take appropriate action
Evidence
- Witness statements
- Emails and messages
- Records of complaints
- Documentation of incidents
Damages Available
Under PHRA
- Back pay
- Front pay
- Compensatory damages
- Attorney's fees
Punitive damages generally not available
Federal Claims
May provide additional remedies including punitive damages.
Retaliation Protection
Cannot Be Punished For
- Reporting harassment
- Filing complaint
- Participating in investigation
- Supporting coworker's claim
Common Questions
What if the harasser is not my supervisor?
Employers can be liable for coworker harassment if they knew or should have known and failed to act.
Do I have to report internally first?
Not legally required, but often advisable. Internal reporting can create a record.
What if I was harassed by a client?
Employers may be liable for third-party harassment if they fail to address it.
Finding Legal Help
Free Resources
- PHRC: phrc.pa.gov{rel="nofollow"} | 717-787-4410
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
- PA Coalition Against Rape: pcar.org
Employment Attorneys
Most offer free consultations and work on contingency.
Related Resources
- Pennsylvania Workplace Discrimination
- Pennsylvania Workplace Retaliation
- Philadelphia Employment Law
- Pittsburgh Employment Law
Legal Disclaimer
This guide provides general information about Pennsylvania sexual harassment law and is not legal advice. For advice about your situation, consult a licensed Pennsylvania employment attorney.
Official Resources:
- Pennsylvania Human Relations Commission: phrc.pa.gov{rel="nofollow"} | 717-787-4410
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
Frequently Asked Questions
What is quid Pro Quo?
What is hostile Work Environment?
What is pennsylvania Human Relations Commission?
What is internal Complaint?
What is for Hostile Environment?
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