Legal Remedies for Workplace Harassment in Pennsylvania

Workplace harassment is a serious issue that can create a toxic environment for employees. In Pennsylvania, individuals facing harassment have legal remedies available to address these violations and seek justice. Understanding these remedies is crucial for both employees and employers. This article outlines the legal options for addressing workplace harassment in Pennsylvania.

1. Internal Complaint Procedures

The first step for victims of workplace harassment is typically to utilize the employer’s internal complaint procedures. Many companies have policies in place that allow employees to report harassment confidentially. This may involve reporting to a supervisor, human resources, or a designated compliance officer. Employers are legally obligated to investigate complaints promptly and thoroughly.

2. Pennsylvania Human Relations Commission (PHRC)

If internal complaints do not resolve the issue, employees can file a complaint with the Pennsylvania Human Relations Commission (PHRC). The PHRC handles claims of discrimination and harassment based on protected characteristics such as race, gender, religion, and disability. To initiate a complaint, the employee must submit a form to the PHRC within 180 days of the alleged harassment.

3. Federal Equal Employment Opportunity Commission (EEOC)

Another viable option is to file a charge with the Equal Employment Opportunity Commission (EEOC), which investigates federal discrimination laws, including sexual harassment. The process with the EEOC also requires filing within 180 days of the harassment incident. Once a charge is filed, the EEOC will investigate, mediate, and issue a "right to sue" letter if they find enough evidence to support the claim.

4. Legal Action through Courts

If mediation through the PHRC or EEOC does not result in a satisfactory resolution, employees have the option to file a lawsuit in state or federal court. This process can result in compensatory damages, punitive damages, or injunctive relief to stop further harassment. It is advisable to consult with an experienced employment lawyer to navigate the complexities of litigation.

5. Whistleblower Protection

Pennsylvania law also includes protections for whistleblowers. Employees who report harassment or participate in investigations against their employer are protected from retaliation. If an employee faces adverse employment actions after reporting harassment, they may have grounds for a separate legal claim.

6. Consider Mediation or Arbitration

Some employers have alternative dispute resolution (ADR) programs, which may involve mediation or arbitration. These processes provide a less formal context for resolving disputes without going to court. However, employees should be aware of their rights and potentially consult legal counsel before entering ADR.

7. Retaliation Claims

A crucial aspect of workplace harassment is the issue of retaliation. Employees who report harassment are protected by law from retaliatory actions by their employer. Claims of retaliation can also be submitted to the PHRC or EEOC and may be pursued in court. Proving retaliation requires showing that the employee faced an adverse action due to their complaint.

Conclusion

Workplace harassment is an issue that requires urgent attention. Employees in Pennsylvania have several legal remedies to address harassment, from internal complaint procedures to federal and state investigations and potentially court actions. It is essential for employees to be informed of their rights and for employers to foster a safe, respectful workplace environment. For personalized legal advice and assistance, consulting an experienced employment attorney is recommended.