Philadelphia Sexual Harassment

Every employee has the right to a harassment-free work environment: Workplace sexual harassment is prohibited on both the federal and state levels by the Civil Rights Act of 1964, as well as state criminal codes.

At The Gold Law Firm P.C., our sexual harassment lawyers know that no one should be forced to tolerate this behavior in the workplace. We want workers to understand their rights when it comes to sexual harassment, and we will investigate every case thoroughly to help victims recover from what was a terrible ordeal.

What Are the Legal Standards for Sexual Harassment in PA?

The Equal Employment Opportunity Commission (EEOC) definition of sexual harassment encompasses any unwanted sexual advances, requests for sexual favors, and other behavior of a sexual nature that interferes with an employee’s work performance, implicitly or explicitly impacts employment decisions, or creates a hostile work environment. We handle cases involving Philadelphia courts, statutes, and local agencies to enforce these rights.

EEOC vs. PA Human Relations Act — What Is the Difference?

Workplace sexual harassment is prohibited at both the federal and state levels. In Pennsylvania, victims are protected by two primary frameworks: the federal EEOC and the state-level Pennsylvania Human Relations Act (PHRA). While both systems aim to eradicate discrimination and harassment from the workplace, there are important distinctions between how a claim is handled, which employers are covered, and the available remedies.

Employer Size and Jurisdiction

• The EEOC (Federal): The EEOC enforces federal workplace laws, primarily Title VII of the Civil Rights Act of 1964. Generally, these federal protections only apply to employers with 15 or more employees.
• The PHRA (State): The PHRA is enforced by the Pennsylvania Human Relations Commission (PHRC). This state law provides broader coverage, applying to employers with four or more employees. This allows workers at much smaller businesses to pursue justice for workplace harassment.

Filing Deadlines and Statutes of Limitations

The timeframe for taking legal action varies depending on the agency:

• Filing with the PHRC: To preserve your state-level claims under the PHRA, you must file a complaint with the PHRC within 180 days of the discriminatory act.
• Filing with the EEOC: Because Pennsylvania has a state agency that enforces fair employment laws, the federal deadline to file a charge with the EEOC is extended to 300 days from the date of the harassment.

Available Damages and Compensation

There are also strategic differences in the compensation you can pursue:

• Federal Caps: The EEOC places statutory caps on compensatory and punitive damages depending on the size of the employer.
• State Remedies: The PHRA allows victims to recover back pay, front pay, and unlimited compensatory damages for pain and suffering. However, unlike federal law, the PHRA historically does not allow plaintiffs to recover punitive damages.

Dual Filing in Pennsylvania

Fortunately, the EEOC and the PHRC have a work-sharing agreement. This means that if you file a complaint with one agency, you can indicate that you want it cross-filed with the other, effectively protecting your rights under both state and federal law.

Examples of Workplace Sexual Harassment Cases in Philadelphia

Sexual harassment complaints typically fall into one of two categories: quid pro quo and hostile work environment. Here are examples of how these manifest in Philadelphia workplaces:

• Quid Pro Quo: This occurs when a supervisor implicitly or explicitly communicates that a worker’s employment status, pay, promotion, or other employment benefits are contingent on the exchange of sexual favors.
• Hostile Work Environment: This happens when an employee is subjected to sexual, abusive, or offensive behavior because of his or her gender.
• Specific Behaviors: Inappropriate actions include lewd remarks, nicknames, or insults. Displaying or sending pornographic or sexual content is also a violation. Unwanted sexual or romantic attention and unwelcome contact during the workday are prohibited.

How Does Sexual Harassment Manifest?

One important factor in sexual harassment cases is how the harassment began. Harassment can originate from various sources:

• Harassment Outside a Department: Harassment can begin with anyone in the office, including someone who might work in another department or even be a boss.
• Subordinates: If a subordinate conducts harassing behavior, a worker may feel forced to keep these workers due to a manager’s orders above them.
• Outside Contractors: Outside contractors may not be in an office often, but it can still be difficult to avoid this person. While an employer may not be directly responsible for the harassment, victims should file a complaint so the individual can be disciplined by their employer.
• Harassment While Traveling for Work: Sexual harassment may also occur while one is traveling for work, often because the harasser is not in an office where they can be seen.

What Should I Do First if I Am Being Harassed at Work?

It is vital for victims to document all instances of sexual harassment. Certain sexual harassment claims start small with text or emails that include lewd or suggestive content. Victims should save these messages and report the harassment at once. If an employer cannot ensure confidentiality, reach out to us.

Filing a Complaint With the PHRC and EEOC

If you have experienced workplace sexual harassment, you have the right to hold the responsible parties accountable. Filing a claim often involves navigating the procedures of the PHRC or the EEOC. Below is a step-by-step guide to getting started.

• Submitting Your Initial Inquiry

For the PHRC: You can begin the process by calling them or completing an initial questionnaire. The questionnaire allows you to provide your contact information, detail the harassment you experienced, and identify the party you are filing against.

For the EEOC: You can find information on how to file an inquiry or complaint directly through the EEOC’s official website.

• The Intake Assessment

Once your questionnaire or inquiry is submitted, the agency will review your information. A dedicated PHRC intake team member will assess whether your situation falls under their jurisdiction and if your complaint is timely under state law. During this stage, the intake team will also explain your rights regarding the discrimination complaint process.

• Finalizing the Formal Complaint

If the intake team determines your claim is jurisdictional and timely, they will help you finalize the formal complaint. At this point, the employer or party being accused will be formally notified of the allegations against them. If the allegations also fall under federal laws enforced by the EEOC, the PHRC will automatically file the complaint with the appropriate federal agency on your behalf.

• The Investigation Process

After the complaint is formalized, a neutral investigator is assigned to the case to determine if a violation of the PHRA occurred. The investigator may ask for documents, interview witnesses, hold a fact-finding hearing, or use other methods to obtain evidence.

• Mediation and Resolution

Mediation services may be an option during the investigation, provided both parties agree to participate. The investigator will also explore whether it is possible to settle the case before issuing a formal finding. If no settlement is reached and the agency finds cause, further legal action may be pursued.

Timeline: From Complaint to Settlement or Lawsuit

Navigating a sexual harassment claim involves specific procedural steps and strict deadlines. While every case is unique, here is the standard timeline you can expect when pursuing justice through the EEOC or the PHRC.

• Internal Reporting to the Employer

Before involving external agencies, it is highly recommended to report the sexual harassment to your employer’s Human Resources department or an appropriate manager according to the company’s internal policies. This step establishes an official record and gives the employer an opportunity to correct the hostile work environment. Document all communications and ensure your complaint is submitted in writing.

• Initial Inquiry With the EEOC or PHRC

If your employer fails to take appropriate action, or if you fear retaliation, you must file a formal inquiry with a government agency.

You generally have 180 days from the date of the discrimination to file a charge with the EEOC. This deadline is extended to 300 days in Pennsylvania because the PHRC enforces state laws prohibiting employment discrimination on the same basis.

• Submitting the Formal Charge of Discrimination

After an initial intake interview, the agency will help you finalize and submit your formal Charge of Discrimination. At this stage, your allegations are officially logged with the government.

• Employer Notification and Response

Once your formal charge is filed, the EEOC will notify your employer (the Respondent) within 10 days. The employer will be asked to submit a “Position Statement” telling their side of the story and providing any factual or legal defenses to your allegations.

• Voluntary Mediation

Before a full investigation begins, the agency may offer voluntary mediation to both parties. A neutral mediator will attempt to help you and your employer reach a mutually agreeable settlement. If mediation is successful, the claim is resolved without further investigation or litigation. If either party declines or if an agreement cannot be reached, the process moves forward.

• Agency Investigation

If the claim is not resolved through mediation, a dedicated investigator will be assigned to your case. The investigator may request personnel files, conduct witness interviews, and potentially perform on-site visits to gather evidence. According to the EEOC, the average time it takes to investigate and resolve a charge is approximately 10 to 11 months.

• Agency Determination and Right to Sue

Once the investigation is complete, the agency will evaluate the evidence:

• Cause Found: If the agency finds reasonable cause to believe discrimination occurred, it will attempt to resolve the issue through an informal conciliation process.
• No Cause Found / Dismissal: If the agency cannot determine a violation, it will dismiss the charge.

Regardless of the finding, the agency will eventually issue a Notice of Right to Sue. Once you receive this letter, you have precisely 90 days to file a lawsuit in federal or state court.

• Filing a Lawsuit and Discovery

If a fair settlement cannot be reached through the agency, your attorney will draft and file a formal civil complaint in the appropriate court. This initiates the litigation phase, beginning with “Discovery,” where both legal teams exchange evidence, take depositions under oath, and build their respective cases.

• Final Settlement or Trial

The vast majority of employment lawsuits are resolved through a negotiated final settlement before reaching a courtroom. However, if your employer refuses to offer fair compensation for the damages and emotional distress you have suffered, your legal team will present your case before a judge or jury to demand a verdict in your favor.

Typical Evidence Used in These Cases

When investigating claims, several factors and pieces of evidence are considered:

• Documented Harassment: If a victim documented the harassment, it is much easier to prove and/or corroborate.
• Witness Interviews: Witnesses can help corroborate a testimony, especially when victims know people have seen the harassment.
• The Nature and Frequency: Evaluating the nature of the harassment and how often the harassment occurred are critical elements.

How We Build Sexual Harassment Claims

We can oversee the investigation, sit in on all the interviews, and ensure that the employer conducts an impartial investigation. We allow our team to meet with the employer, manage all the communications that take place, and share the evidence that we have gathered. We argue cases before the EEOC when needed, and we will thoroughly investigate each case to determine the level of compensation victims deserve.

Our Attorney Credentials

When challenging an employer or a hostile work environment, you need a dedicated advocate. The Gold Law Firm P.C. brings an extensive background to every claim:

• Bar Licenses: Our attorneys are fully admitted to practice law in Pennsylvania, New Jersey, and New York.
• Years of Experience: Our legal team has over 40 years of experience focused exclusively on employment-related litigation, providing a deep understanding of how to build and present complex harassment cases.
• Verdicts and Settlements: We have a strong history of obtaining favorable results in employment matters, including a $50 million settlement in a Nationwide class action discrimination suit against Abercrombie & Fitch.
• Client Testimonials: We understand that coming forward is difficult, and we prioritize our clients’ well-being and privacy. In an anonymized employment case review, a former client stated our team went “above and beyond to give me peace of mind throughout the entire process,” adding, “I felt like I had a protector… who truly looked after my needs during the lawsuit.” Others continually commend our attorneys as “compassionate,” “responsive,” and dedicated to providing clear guidance.

What Clients Say About Us

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Frequently Asked Questions

• Will I lose my job if I file a sexual harassment complaint?

Victims are protected from retaliation in the workplace if they file a sexual harassment complaint against another employee. An employee does not need to suffer any negative employment consequences, such as termination or demotion, in order to bring a sexual harassment claim.

• How long do I have to file a claim with the EEOC/PHRC?

Statutes of limitations apply to all civil claims, which makes it crucial to contact our Philadelphia sexual harassment lawyers promptly to review your legal options.

• What compensation can I expect from a sexual harassment case?

When a claim is filed for sexual harassment, we will argue that the victim should receive compensation for pain and suffering. Back pay can be awarded if the worker was not promoted, was demoted, or was transferred out of a more lucrative position. Front pay will be awarded if a worker cannot return to their current position. The court may also grant punitive damages to punish an employer or the guilty parties.

• Can same-sex harassment be actionable in Pennsylvania?

Yes. Victims can be harassed by someone of the same sex and may feel as though it is almost discriminatory to file a complaint against them. These types of cases are not often mentioned in the media, but that person may have impacted one’s career, given the level of harassment experienced.

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Speak to Our Experienced Philadelphia Sexual Harassment Lawyers at The Gold Law Firm P.C.

Our compassionate Philadelphia sexual harassment lawyers at The Gold Law Firm P.C. provide aggressive representation to protect you, your career, and your safety.  Located in Philadelphia and Pennsauken, New Jersey, we proudly serve clients throughout the surrounding areas. Call 215-569-1999 or fill out our online contact form to schedule your free consultation today.