Sexual harassment reports are on the rise, and it helps to know your rights and the steps to take if you find yourself a victim of sexual harassment or misconduct. In the workplace alone, 20% of men and 81% of women experience sexual harassment. Attorneys are trained to keep your information private and help you bring a successful claim against your employer in the event you are the target of sexual harassment in your workplace.
Can You Sue Your Employer for Sexual Harassment?
Yes, you may sue for sexual harassment at your workplace if you have a claim. There are essential things to keep in mind, including the following:
1. Sexual Harassment Laws in Pennsylvania
It is essential to know what constitutes sexual harassment to determine whether there is a legal basis for your claim. In Pennsylvania, individuals are protected by state and federal laws regarding sexual discrimination and harassment in the workplace. According to the United States Equal Employment Opportunity Commission (EEOC) — the federal agency that enforces laws against workplace discrimination — sexual harassment comprises undesirable and unwanted sexual advances, sexual favors and other physical or verbal harassment of a sexual nature. It may also include offensive remarks about a person’s sex.
Sexual harassment is different from sexual assault. Sexual assault is a second-degree felony in which a person engages in sexual intercourse or deviate sexual intercourse with a victim without the victim’s consent. Sexual harassment is not considered a criminal offense in the state of Pennsylvania. However, victims of sexual harassment may be able to file a civil claim or lawsuit against their employer in the event of unwanted sexual advances in the workplace.
In Pennsylvania, sexual harassment can include unwelcome sexual advances, touching another person in a sexual way, making sexual favors a condition of employment and other behaviors.
Many federal and state laws seek to protect individuals against sexual misconduct, including Title VII of the Civil Rights Act of 1946 and the Pennsylvania Human Relations Act (PHRA) of 1955. These laws prohibit employment discrimination based on race, color, religion, sex and national origin.
Attorneys have the expertise to evaluate your facts against the laws to help you make an informed decision.
2. Sexual Harassment as Workplace Gender Discrimination
Sexual harassment may qualify as gender discrimination in workplaces. One example is quid pro quo sexual harassment, which occurs when a supervisor demands sexual favors from one of their employees in exchange for some job-related benefit. For example, suppose your supervisor makes sexual demands of you and offers a promotion in exchange or retaliates against you for refusing such an offer. In that case, your circumstances may constitute workplace discrimination prohibited under the Pennsylvania Human Relations Act (PHRA) and Title VII.
Sexual harassment may also be hostile when it affects job performance. Such situations include sexual comments or jokes and sharing sexually charged photographs and videos. These occurrences may entitle you to sue your employer for sexual harassment.
3. Grounds for Sexual Harassment Lawsuits
Federal and state laws prohibit several workplace behaviors, whether employers, supervisors or co-workers, or even customers or vendors commit them. Common examples include:
- Sexual assault
- Sexual comments and jokes
- Sexual favors
- Sexual advances
- Stalking
- Sharing explicit photos, videos, emails or text messages
4. Keeping Records
Keeping records is essential for proving sexual harassment claims. Records may help your human resources department or state agencies investigate your claims or assist the court in giving you a favorable judgment. Some vital records to keep are:
- The name and details of the harasser.
- The date, time and location of the harassment.
- Specific details about the harassment.
- Emails, texts, pictures, videos or anything that affirms your claim.
- Details of any witnesses.
- Details of persons to whom you reported the harassment.
- Responsive actions taken by management.
- Correspondence sent to and received from your company or state institutions if you take any steps.
To avoid inadvertently violating any state or federal laws, before making any video or voice recordings, you should be aware of whether the law requires the consent of the other party.
5. Reporting to Human Resources
Reporting an incident of sexual harassment or misconduct in the workplace can be difficult, but your company may have specific guidelines to assist you in taking the necessary steps. For example, some organizations have handbooks detailing the procedures for reporting sexual harassment incidents and the actions the company may take to respond to such a claim. The company’s sexual harassment policy may also provide details of investigation processes and the available support structures. Reviewing such documents gives you an insight into the initial steps to take.
6. Reporting to the Government
You may file a formal complaint with the EEOC when your company does not provide a satisfactory solution. The EEOC may attempt mediation or investigate the incident and issue a Notice of Right to Sue, which essentially gives you the green light to sue your employer. The PHRC collaborates with the EEOC to handle gender-based discrimination in Pennsylvania, including sexual harassment in workplaces.
It helps your cause if you act quickly. Generally, you have 180 days to file a complaint with the PHRC and 300 days to file with EEOC.
7. Instituting Legal Action
Once the EEOC issues the Notice of Right to Sue, you may take civil action against your employer or the harasser. The court will evaluate the facts and evidence presented to determine whether you have a legal claim. Instituting a civil action offers a range of remedies depending on the circumstances. For example, besides compensating you for the sexual harassment, you may also recover lost income and benefits due you.
8. Remedies Available in Sexual Harassment Claims
The court may make several orders depending on the facts of each case. The most common and natural remedy is compensation for the damages you incurred from the sexual harassment. This includes damages for physical and emotional pain and suffering. The court may also give punitive damages to “punish” the harasser for their conduct, especially where the conduct was intentionally malicious. When your employer retaliates because you refused their sexual demands, the court may restore you to the deserving position.
9. Restraining and Protective Orders
Depending on the circumstances of your case, you may seek a restraining order to protect you against various forms of sexual harassment. In Pennsylvania, there are three types of sexual violence and intimidation protection orders:
- Emergency orders: In emergencies where the judge is inaccessible, a hearing officer may grant an emergency order. Such orders are made when the hearing officer is convinced that it is necessary to protect you against an immediate and present danger. Emergency orders expire at the end of the next business day that the judge becomes available.
- Ex parte temporary orders: The court may make ex parte temporary orders that will remain in force until modified or terminated after the harasser has been notified and heard. The court will hold a hearing within 10 days after you file the ex parte temporary order.
- Extended order: The judge may grant an extended order after the harasser receives notice and is subsequently heard on the allegations. When the judge finds that you are still at risk of harm, they may grant an order for a period not exceeding three years. The judge may also give an unlimited number of extensions.
Get a Free Consultation Today
Knowing your rights and how to access them helps a great deal. It allows you to take the appropriate steps when you encounter unwanted sexual advances, comments, jokes and touches. The laws and processes could be complex, so it helps to partner with an expert to determine whether there is a legal basis for your claim and represent you throughout the process.
Weisberg Cummings has helped persons with their employment-related sexual harassment and discrimination cases for years. Our trusted attorneys will listen and guide you through your challenges. Contact us for a free consultation.
