Pennsylvania Sexual Harassment Laws: Your Rights and Remedies

Quick Answer: Sexual harassment is illegal in Pennsylvania under the Pennsylvania Human Relations Act (PHRA), covering employers with 4+ employees, and federal Title VII (15+ employees). There are two types: quid pro quo (job benefits tied to sexual favors) and hostile work environment (severe or pervasive conduct). File with PHRC within 180 days or EEOC within 300 days. PHRA has no damage caps.

You have the right to work free from harassment.

Laws Prohibiting Sexual Harassment

Pennsylvania Human Relations Act (PHRA)

State protection:

• Covers employers with 4+ employees
• Prohibits sexual harassment as sex discrimination
• File with PHRC
• 180-day deadline
• No damage caps
• Individual liability possible

Title VII of Civil Rights Act

Federal protection:

• Covers employers with 15+ employees
• Sexual harassment is sex discrimination
• File with EEOC
• 300-day deadline
• Damage caps apply

PHRA Advantage

Broader than federal law:

• More employers covered (4+ vs 15+)
• No caps on damages
• Can sue individuals in some cases
• State court option

Types of Sexual Harassment

Quid Pro Quo

"This for that":

• Job benefit tied to sexual favors
• Submission required for opportunity
• Rejection results in adverse action

Examples:

• "Sleep with me and you'll get the promotion"
• Fired for refusing advances
• Demoted after rejecting supervisor
• Benefits conditioned on dating

Hostile Work Environment

Severe or pervasive conduct:

• Unwelcome sexual behavior
• Alters working conditions
• Creates intimidating environment
• Affects ability to do job

Examples:

• Sexual comments or jokes
• Unwanted touching
• Sexual images displayed
• Repeated propositions
• Leering or gestures
• Sexual rumors spread

What Constitutes Harassment

Unwelcome Conduct

Key element:

• Must be unwelcome
• Not invited or incited
• Submission doesn't equal welcome
• Prior relationship not automatic consent

Types of Conduct

Can include:

• Physical contact
• Verbal comments
• Visual displays
• Electronic communications
• Gestures
• Written materials

Examples of Harassment

Physical:

• Touching, groping
• Blocking movement
• Sexual assault
• Unwanted hugging/kissing

Verbal:

• Sexual comments about body
• Sexual jokes or stories
• Requests for sexual favors
• Questions about sex life
• Sexual nicknames

Visual:

• Pornographic images
• Sexual gestures
• Suggestive emails/texts
• Sexual cartoons or drawings

The "Severe or Pervasive" Standard

What Courts Consider

Factors include:

• Frequency of conduct
• Severity of conduct
• Physical vs. verbal
• Threatening or humiliating
• Interferes with work

Single Incident

May be enough if:

• Physical assault
• Extreme verbal conduct
• Quid pro quo threat
• Particularly severe

Pattern of Conduct

Multiple incidents:

• Less severe individually
• Pervasive pattern
• Cumulative effect
• Altered work environment

Objective and Subjective

Must show:

• You found it hostile (subjective)
• Reasonable person would (objective)
• Both required

Employer Liability

For Supervisor Harassment

Strict liability if:

• Tangible employment action (firing, demotion)
• No defense available

Affirmative defense if:

• No tangible action
• Employer took reasonable care to prevent
• Employee unreasonably failed to use complaint process

For Co-Worker Harassment

Employer liable if:

• Knew or should have known
• Failed to take prompt action
• Response was inadequate

For Third-Party Harassment

May be liable if:

• Employer knew about it
• Had control over situation
• Failed to address

Filing a Complaint

Internal Complaint First

Usually recommended:

• Report to HR
• Use employer complaint process
• Document everything
• Creates record

PHRC (State)

For PHRA claims:

• Pennsylvania Human Relations Commission
• 180-day deadline
• Phone: 717-787-4410
• Website: phrc.pa.gov

EEOC (Federal)

For Title VII claims:

• Equal Employment Opportunity Commission
• 300-day deadline
• Phone: 1-800-669-4000

Dual Filing

Strategic approach:

• File with both agencies
• Work-sharing agreement
• Preserves all options

Building Your Case

Documentation

Keep records of:

• Each incident (date, time, location)
• What was said or done
• Who was present
• How you responded
• Who you reported to
• What happened after

Witnesses

Identify:

• Who saw harassment
• Who you told at the time
• Who can corroborate
• Other victims

Physical Evidence

Preserve:

• Emails and texts
• Voicemails
• Photos or videos
• Written materials
• Performance reviews

Report Timeline

Document:

• When you first reported
• To whom
• What was said
• What action taken

Damages Available

Under PHRA

Can recover:

• Back pay
• Front pay
• Compensatory damages (no cap)
• Emotional distress
• Punitive damages
• Attorney's fees

Under Title VII

Can recover:

• Back pay
• Compensatory damages (capped)
• Punitive damages (capped)
• Attorney's fees

Caps by employer size:

• 15-100 employees: $50,000
• 101-200: $100,000
• 201-500: $200,000
• 500+: $300,000

Common Scenarios

Scenario 1: Supervisor Quid Pro Quo

Situation: Manager says promotion depends on going on "dates" with him. You refuse. Promotion goes to less qualified person.

Analysis: Classic quid pro quo. Document the statement, who heard it, the promotion decision. Strong claim.

Scenario 2: Co-Worker Comments

Situation: Co-worker makes daily sexual comments, shows inappropriate images, touches you. You reported to HR twice. Nothing changed.

Analysis: Hostile environment. Pervasive conduct, employer knew, failed to act. Document all incidents and reports.

Scenario 3: Retaliation After Report

Situation: Reported supervisor's harassment. Week later, transferred to worse shift, bad review.

Analysis: Likely retaliation. Close timing is suspicious. File harassment AND retaliation claims.

Scenario 4: Customer Harassment

Situation: Client repeatedly makes sexual comments. Employer says "deal with it" or lose account.

Analysis: Third-party harassment. Employer knew and failed to protect you. Document complaints.

Retaliation Protection

Protected Activities

Cannot be punished for:

• Reporting harassment
• Filing complaint
• Participating in investigation
• Testifying
• Supporting another's complaint

Retaliation Signs

Watch for:

• Termination after complaint
• Demotion or transfer
• Negative reviews
• Schedule changes
• Isolation
• Increased scrutiny

Additional Claim

If retaliated against:

• File separate retaliation claim
• Often stronger than underlying claim
• Additional damages available

What to Do If Harassed

Immediate Steps

1. Say no clearly (if safe to do so)
2. Document immediately - Write down what happened
3. Tell someone - Friend, family, HR
4. Preserve evidence - Save texts, emails
5. Report internally - Use employer process

Ongoing Documentation

• Keep detailed log
• Note dates, times, locations
• Record witnesses
• Save all communications
• Track employer response

Self-Care

• Seek support
• Consider counseling
• Know it's not your fault
• Don't blame yourself

Employer Defenses

"Not Severe or Pervasive"

Employer claims:

• Isolated incident
• Not that serious
• Normal workplace behavior

Counter by:

• Documenting pattern
• Showing severity
• Impact on work

"Didn't Know"

Employer claims:

• No complaint made
• Wasn't reported properly

Counter by:

• Documenting reports
• Showing obvious knowledge
• Pervasive conduct

"Took Action"

Employer claims:

• Investigated
• Took appropriate steps

Counter by:

• Showing inadequate response
• Harassment continued
• Punishment was token

Frequently Asked Questions

What counts as sexual harassment?

Unwelcome sexual conduct that is severe or pervasive enough to create hostile environment, or quid pro quo demands.

Does it have to be physical?

No. Verbal harassment, visual displays, and written/electronic communications count.

What if harasser is same sex?

Still illegal. Sexual harassment can occur between any combination of genders.

Do I have to report to employer first?

Recommended but not always required. Creates record and may give employer opportunity to fix.

How long do I have to file?

180 days for PHRC. 300 days for EEOC.

Can I sue the harasser personally?

Possibly under PHRA. More difficult under Title VII. Consult attorney.

Related Topics

• Pennsylvania Human Relations Act Guide
• Pennsylvania Hostile Work Environment
• Filing a PHRC Complaint
• Pennsylvania Workplace Retaliation

Take Action

If you're being sexually harassed:

1. Document everything immediately
2. Say no clearly if safe
3. Report through employer channels
4. Keep copies of all complaints
5. File with PHRC within 180 days
6. Consider dual filing with EEOC
7. Consult employment attorney

No one should have to tolerate harassment at work.

Legal Disclaimer

This article provides general information about sexual harassment laws in Pennsylvania and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Pennsylvania employment attorney.

For official information:

• Pennsylvania Human Relations Commission: https://www.phrc.pa.gov | 717-787-4410
• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov | 1-800-669-4000