If you believe you are facing sexual harassment at work, the first step is usually to report it through your employer’s internal process. Most companies in Pennsylvania have written policies on what to do in these situations. Here are common steps you can take:
- Check Your Employee Handbook: Many businesses list their sexual harassment policies in the employee handbook or on the company website. These policies usually tell you who to talk to, how to file a complaint, and what the company will do to investigate. If you cannot find these details, ask human resources (HR) or a manager you trust about the procedure.
- Document Everything: Keep track of each time the harassment happens. Write down the date, time, place, and names of any witnesses. If you have emails, text messages, or letters from the harasser, save them. This information helps prove what happened if your employer or a government agency needs details.
- Report in Writing: While some companies allow verbal reports, it is best to file your complaint in writing if you can. Send an email or letter to the person in charge of handling harassment complaints—often an HR manager or your direct supervisor. If your supervisor is the harasser, report it to their boss or another senior official. In your message, be clear about what happened, when it happened, and how it affected you. Keep a copy of everything you send or receive related to your report.
- Follow Up if Needed: If you do not get a response in a reasonable time, or if the harassment continues, reach out again. You might also want to speak with a higher-level manager if you think your complaint was ignored. Staying polite and professional can help you show that you are trying to fix the problem in good faith.
- Keep Notes of Employer’s Response: Write down how your employer reacts. Did they investigate? Did they interview witnesses? Did they talk to the alleged harasser? Keep track of any corrective actions or changes made to protect you.
By following these procedures, you show you gave your employer a chance to address the harassment. If the problem does not stop, your next steps might involve filing a complaint with a government agency or even deciding to file a sexual harassment lawsuit with the help of a Pennsylvania attorney.
How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?
Many workers do not speak up because they are unsure if the behavior they are experiencing counts as sexual harassment. According to Pennsylvania employment laws and federal guidelines, sexual harassment is any unwanted sexual behavior that makes you feel unsafe or uneasy. Here are some examples:
- Unwanted Sexual Advances: This can be anything from repeated requests for dates after you said no to someone invading your personal space in a sexual way.
- Verbal or Written Harassment: Think of things like sexual jokes, rude comments about your body, or questions about your sex life. Offensive remarks about your gender (men or women) can also be harassment.
- Visual Harassment: Someone might show you pornographic images, display sexual pictures at their desk, or send you graphic emails or texts.
- Physical Conduct: This covers unwelcome touching, hugging, or brushing against you in a way that is sexual or invasive.
- Threats or Retaliation: If you reject someone’s advances and they threaten your job, cut your hours, or treat you worse at work, that could be harassment.
- Quid Pro Quo: This phrase means “something for something.” In a workplace setting, it is when a boss or higher-up says you must give in to sexual requests to keep your job or earn a promotion. Even one incident can be enough to count as harassment.
The key is whether the behavior is unwelcome and sexual in nature. Also, remember that harassment can come from a boss, a coworker, or even a client. If you are unsure, it can help to consult with an attorney or talk to your HR department to clarify.
What Are the Different Kinds of Sexual Harassment Claims?
Workplace sexual harassment claims often fall under two main categories:
Quid Pro Quo
This happens when someone with power—like a supervisor—offers job perks (a raise, a promotion, or even job security) if you provide sexual favors. If you refuse, they might punish you by firing you, lowering your pay, or passing you up for promotions. This form of harassment can involve just a single incident if it is severe enough.
Hostile Work Environment
This kind of harassment happens when the behavior is widespread or continuous. It includes repeated jokes, comments, touching, or images that make you feel uncomfortable. You might start dreading coming to work because of these actions. A single joke might not be enough, but a pattern of behavior that changes your work conditions is. Even if a coworker, not a boss, causes the hostile environment, your employer might still be liable if they do not address it once you report it.
These two kinds of claims often overlap. You might see both: for example, a supervisor who promises you better shifts if you agree to go out with them (quid pro quo) while constantly making sexual jokes about you in front of coworkers (hostile environment). Either way, it is wise to keep records and gather any proof that shows these patterns. That will help if you decide to file a formal complaint.
Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?
In many cases, yes, you can sue your employer if you have experienced sexual harassment. Employers have a legal duty under Pennsylvania employment laws and federal laws (like Title VII of the Civil Rights Act) to keep the workplace free from sexual harassment. However, there are important steps and timelines to know:
Report to the EEOC or PHRC
Before you file a lawsuit, you typically must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). You usually have 300 days to file with the EEOC and 180 days to file with the PHRC, counted from the last date of harassment. If you miss these deadlines, you might lose your right to pursue a claim.
Right-to-Sue Letter
Once the EEOC or PHRC investigates or closes your case, they may give you a “right-to-sue” letter. This letter means you can bring your claim to court. You have 90 days after receiving it to file a lawsuit. Missing that 90-day window can also block your case.
Possible Outcomes
If you win your case in court or if your employer settles, you might get damages. Damages can include back pay (lost wages), emotional distress, and sometimes punitive damages if the behavior was especially bad. However, there are limits depending on the size of your employer.
For companies with 15-100 workers, the cap might be $50,000, while larger companies can have caps up to $300,000. This is to prevent massive payouts for emotional harms. Still, you can also ask for changes at work, like better training or policy updates, to stop harassment in the future.
Do I Need a Lawyer to File a Sexual Harassment Claim?
If you think you have been a victim of sexual harassment, or if you are not sure how to file a formal complaint, it may be time to speak with a sexual harassment lawyer in Pennsylvania through LegalMatch.
By consulting with an attorney, you can ensure your complaint is heard, protect your rights, and get guidance on what steps to take under Pennsylvania employment laws. The sooner you get legal advice, the stronger your case may be, and the quicker you can bring an end to the harassment in your workplace.
