File Sexual Harassment Complaint Pennsylvania: PHRC Step-by-Step Guide (2026)

Filing a sexual harassment complaint in Pennsylvania requires understanding strict deadlines, proper procedures, and evidence requirements. This guide walks you through the process of filing with the Pennsylvania Human Relations Commission (PHRC), the state agency that enforces sexual harassment laws.

Acting quickly and following proper procedures is essential to protecting your rights.

Quick Facts: Filing Sexual Harassment Complaints in Pennsylvania

Critical Deadlines

PHRC: 180 Days

Count from:

• Last incident of harassment
• Last day of employment (if terminated)
• Most recent tangible employment action

Important: This deadline is strictly enforced. Missing it means losing your state law claims.

EEOC: 300 Days

Federal deadline is longer, but file early:

• Preserves all options
• Allows for investigation
• Prevents evidence loss

Don't Wait for Internal Process

You can file while:

• HR is investigating
• Company is reviewing complaint
• Still employed

Internal processes don't extend filing deadlines.

Before You File: Preparation Steps

1. Gather Evidence

Documentation of harassment:

• Dates, times, and locations of incidents
• What was said or done (exact words when possible)
• Names of witnesses
• Your response to the conduct
• How it affected you

Employment records:

• Offer letter and employment contract
• Performance reviews (especially before and after harassment)
• Disciplinary notices
• Pay stubs
• Job descriptions
• Company anti-harassment policy

Communications:

• Emails from harasser
• Text messages (screenshot and backup)
• Social media messages
• Written complaints to HR
• Company's response to your complaints

2. Write a Detailed Timeline

Create chronological record:

• First incident date
• Each subsequent incident
• When you reported to management
• Company's response (or lack thereof)
• Any job actions taken against you
• Retaliation after reporting

3. Identify Witnesses

List people who:

• Witnessed harassment
• You told about harassment at the time
• Observed changes in your demeanor
• Have knowledge of harasser's behavior with others
• Participated in investigation

Filing Options in Pennsylvania

Option 1: File with PHRC Only

Best for:

• Pennsylvania-specific claims
• Employers with 4-14 employees (not covered by federal law)
• Straightforward cases

Process:

• File directly with PHRC
• PHRC investigates
• 180-day deadline

Option 2: Dual File with PHRC and EEOC

Best for:

• Employers with 15+ employees
• Preserving all remedies
• Maximum protection

Process:

• File with PHRC
• PHRC automatically forwards to EEOC (work-sharing agreement)
• Both investigate
• 180-day PHRC deadline controls

Option 3: File with EEOC Only

Available but not ideal:

• EEOC forwards to PHRC under work-sharing
• Lose some state law advantages
• 300-day federal deadline

Recommendation: Start with PHRC in Pennsylvania for best protection.

How to File with PHRC

Step 1: Contact PHRC

Three ways to initiate:

1. Online inquiry:

• Visit: phrc.pa.gov{rel="nofollow"}
• Complete intake questionnaire
• PHRC contacts you

2. Phone intake:

• Call: 717-787-4410
• Request complaint form
• Staff assists with questions

3. In-person:

• Visit regional office
• Meet with investigator
• File complaint on-site

Step 2: Complete Verified Complaint

Required information:

• Your name and contact information
• Employer's name and address
• Employer size (number of employees)
• Dates of employment
• Description of harassment
• Dates and details of incidents
• Names of witnesses
• Whether you reported internally
• Your signature under oath

Writing the narrative:

• Be specific and factual
• Include all relevant incidents
• Explain how it affected you
• Note any job consequences
• Mention reporting to management

Step 3: Submit Supporting Documents

Attach copies of:

• Internal complaint to HR
• Emails or text messages
• Performance reviews
• Termination letter (if applicable)
• Medical records (if seeking treatment)
• Any other relevant evidence

Don't send originals - keep those for your records.

Step 4: Sign and File

Verification:

• Sign complaint under oath
• Certify information is true
• Submit to PHRC

You'll receive:

• Case number
• Assigned investigator contact
• Acknowledgment of filing

PHRC Regional Offices

Harrisburg (Main Office)

333 Market Street, 8th Floor Harrisburg, PA 17101 Phone: 717-787-4410

Philadelphia Regional Office

110 North 8th Street, Suite 501 Philadelphia, PA 19107 Phone: 215-560-2496

Pittsburgh Regional Office

301 5th Avenue, Suite 390 Pittsburgh, PA 15222 Phone: 412-565-5395

Office hours: Monday-Friday, 8:00 AM - 4:30 PM

After Filing: What to Expect

Investigation Process

1. Initial Review (1-2 months)

• PHRC reviews complaint
• Assigns investigator
• Serves complaint on employer
• Employer has 30 days to respond

2. Investigation (3-12 months)

• Investigator gathers evidence
• Interviews witnesses
• Reviews documents
• May conduct on-site visit
• Both parties can submit evidence

3. Determination (after investigation)

• Probable cause found: Strong evidence of violation
• No probable cause: Insufficient evidence
• Receive written determination

If Probable Cause Found

Conciliation (2-6 months):

• PHRC facilitates settlement
• Negotiate with employer
• Try to resolve without hearing

If conciliation fails:

• Public hearing before PHRC
• Present evidence and witnesses
• PHRC issues order

If No Probable Cause

Your options:

• Request reconsideration
• File in court (may be time-barred)
• File with EEOC if still within 300 days

Right to Sue

You can file in court:

• After 1 year if PHRC hasn't resolved case
• After final PHRC determination
• Within 2 years of filing complaint

Many claimants hire an employment attorney at this stage.

Continuing to Work While Claim Pending

Your Rights

Employer cannot:

• Fire you for filing
• Demote or cut pay
• Give negative reviews in retaliation
• Create hostile environment as punishment
• Threaten or intimidate

PHRC protects against retaliation immediately upon filing.

Practical Tips

Continue working professionally:

• Maintain job performance
• Follow all workplace rules
• Document your work
• Keep records of any retaliation

Protect yourself:

• Save all work communications
• Note any changes in treatment
• Report retaliation to PHRC
• Avoid workplace gossip about claim

Common Filing Mistakes to Avoid

1. Missing the Deadline

Solution: File as soon as you decide to pursue claim, even if gathering evidence.

2. Incomplete Information

Solution: Provide detailed narrative with specific dates and incidents.

3. No Supporting Documentation

Solution: Attach all relevant evidence you have; you can submit more later.

4. Filing After Quitting Without Documentation

Solution: File before resigning if possible, or document constructive discharge.

5. Not Reporting Employer Retaliation

Solution: Immediately report any retaliation to PHRC investigator.

Do You Need an Attorney?

When to Hire Lawyer

Strongly recommended if:

• Case is complex or high-value
• Employer has aggressive legal team
• You were terminated
• Seeking significant damages
• Need help presenting evidence

Benefits of attorney:

• Navigate legal procedures
• Gather and present evidence effectively
• Negotiate better settlements
• Take case to court if needed
• Handle employer's attorneys

Free or Low-Cost Options

Resources:

• Pennsylvania Bar Association Lawyer Referral: 1-800-692-7375
• Philadelphia Legal Assistance: 215-981-3800
• Southwestern PA Legal Services: 1-866-761-6042
• Most employment attorneys offer free consultations
• Many work on contingency (no fee unless you win)

Filing Federal Claims with EEOC

When EEOC Has Jurisdiction

If employer has 15+ employees:

• Federal Title VII applies
• Can file with EEOC
• 300-day deadline

Dual Filing Process

Advantages:

• Preserves both state and federal claims
• More remedies potentially available
• Punitive damages available under federal law

PHRC-EEOC work-sharing:

• File with PHRC, automatically forwarded to EEOC
• File with EEOC, automatically forwarded to PHRC
• Avoids duplicate effort

Damages You Can Seek

Through PHRC

• Back pay: Lost wages from termination or demotion
• Front pay: Future lost earnings
• Compensatory damages: Emotional distress, pain and suffering
• Attorney's fees
• Policy changes and training

Note: Punitive damages not available under PHRA

Through Federal Court

Additional remedies may include:

• Punitive damages (capped based on employer size)
• Jury trial
• Broader injunctive relief

See also: Employer Liability for Sexual Harassment

Frequently Asked Questions

Can I file anonymously?

No. You must identify yourself to file a complaint. However, PHRC treats information confidentially during investigation.

What if I signed a non-disclosure agreement?

NDAs generally cannot prevent filing discrimination complaints. Consult attorney before filing if you signed NDA.

Can I file if I still work there?

Yes. You have retaliation protection. Many people file while still employed.

What if harassment happened years ago?

180-day deadline likely expired for those incidents. But if harassment continued within 180 days, all related incidents may be included.

Do I need a lawyer to file with PHRC?

No. You can file yourself. But attorney can help present stronger case, especially for complex situations.

What if my employer has fewer than 4 employees?

PHRA doesn't cover employers with fewer than 4 employees. You may have federal claims if 15+ employees, or common law claims.

Related Resources

• Pennsylvania Sexual Harassment Law
• Hostile Work Environment in Pennsylvania
• Quid Pro Quo Harassment in Pennsylvania
• Statute of Limitations for Sexual Harassment Claims
• Pennsylvania Workplace Retaliation

Legal Disclaimer

This article provides general information about filing sexual harassment complaints in Pennsylvania and is not legal advice. Administrative procedures can be complex and missing deadlines or procedural requirements can jeopardize your case. For advice about your specific 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