By Weisberg Cummings, P.C. on August 24th, 2023
Sexual harassment is more common than you might think — 81% of women and 20% of men experience sexual harassment in the workplace. Everyone who experiences sexual harassment has different needs as far as reporting and resolving the situation, and there are various legal options to suit different scenarios. These range from anonymously reporting sexual harassment at work to filing a sexual harassment claim.
If you believe you were sexually harassed in the workplace, it is important to be aware of your rights and options. To help you feel more prepared, this guide will explain how to report sexual harassment at work and describe the legal process related to Pennsylvania harassment law.
What Is Sexual Harassment?
According to the Equal Employment Opportunity Commission (EEOC), the legal definition of sexual harassment is any unwelcome sexual advances, sex-related requests, offensive remarks concerning a person’s sex, and any other sex-related physical or verbal behavior.
Workplace sexual harassment can come from a supervisor, co-worker, client or customer. If the behavior is intentional and performed without consent, it may constitute sexual harassment, which often results in a hostile and uncomfortable workplace.
Reporting Sexual Harassment at Work
Title VII of the Civil Rights Act makes it illegal for employers to allow harassment to occur in the work environment. Essentially, this means that if you are being harassed, you generally must report it to your employer or someone in the Human Resources (HR) department. Doing so compels them to take prompt action to stop the behavior while protecting you from retaliation. The aim here is to improve the situation. If it is not successful in achieving that, you may consider taking legal action.
Retaliation after speaking out about sexual harassment is illegal. Some forms of retaliation include demotion; reduction in work hours, pay or benefits; or assignment to a less desirable position, shift or location — all adverse actions you can report to protect your rights. If you believe you are experiencing sexual harassment, you have a right to file a complaint with the Pennsylvania Human Relations Commission or U.S. Equal Employment Opportunity Commission.
How to Report Sexual Harassment in the Workplace
All employees deserve a safe work environment and fair working conditions. To protect your legal rights, physical health and psychological well-being, it is essential to report sexual harassment when it occurs. Here are a few options you may want to consider when reporting sexual harassment at work, depending on the situation.
1. If You Feel Safe, Ask the Person Who Is Harassing You to Stop
Typically, the first step in reporting a sexual harassment claim is to tell the harasser to stop their behavior toward you. You can do this verbally, through a phone call or in person. Depending on your situation, you may find it safer to send them a written message via email, text or letter. You can either ask a trusted co-worker to accompany you while verbally telling the harasser to stop or keep copies of your written message in case you need proof later.
2. Document Everything About the Harassment
Records and documentation of sexually harassing behavior are among the most powerful forms of evidence in employment law cases. Here are some ways to document the harassment:
- Write down the places, dates and times that the harassment occurred and document the details of exactly what the harasser did or said, what you said or did, and any witnesses involved.
- Keep notes about any conversations about the harassment with your supervisor, HR and the person doing the harassment. Record the date, time, place and people involved in the meeting.
- Keep detailed notes about how the harassing behavior impacted your life.
- Save texts, emails and letters about the harassment or between you and the person harassing you.
- Keep copies of reports and complaints you filed with your organization and any responses.
- If you believe you may be experiencing employer retaliation, write detailed notes about the date, time, place, what happened and any witnesses.
3. Report the Harassment to Your Supervisor or HR Department
We recommend reporting the harassment to someone with authority at the workplace — generally your employer or the HR department — according to your company’s complaint process and company policies. You may need to review your employee handbook for more information on how to report sexual harassment. Alternatively, you could contact the HR department for details on reporting requirements and procedures.
If you prefer to report in writing via email or letter, keep a copy in a safe place. Similarly, if you report verbally, send a follow-up email about the meeting to confirm when and where the meeting took place, who was there, what you said about who the harasser is, the nature of the harassment, when and how many times it occurred, and what the employer said in response.
4. Talk to an Experienced Employment Law Attorney
To better understand your options, you can speak with an employment law attorney with experience handling sexual harassment claims. Your lawyer may help you identify the critical facts about your case, review the harassment laws in Pennsylvania and help you take action to protect your rights. They might provide options to file a complaint with the EEOC or file a harassment lawsuit.
Keep in mind that you will have 300 days to file your claims under Federal law, and only 180 to file claims under state law.
Filing Harassment Charges in Pennsylvania
The EEOC has the authority to investigate discrimination charges against employers with more than 15 workers, while employers with at least 4 employees are covered under the Pennsylvania Human Relations Act. Here is a step-by-step guide on how to file harassment charges in Pennsylvania:
- Seek assistance. If you feel you are in immediate physical danger and in need of assistance, you should call call 911 for help so you can regain safety, file appropriate police reports and seek medical assistance.
- File reports. Follow your company’s reporting requirements. If these prove unsuccessful, you will need to file your claim with the EEOC or PHRC.
- Contact an attorney. An attorney may help you explore your options and assist you through the legal process of filing your charge.
Seek Legal Assistance From a Knowledgeable Attorney
Weisberg Cummings, P.C. is an employment law firm in Harrisburg, Pennsylvania, with dedicated employment attorneys who have handled sexual harassment claims for years. Our experienced attorneys will help you face isolated incidents of harassment as well as assist you in determining whether there is a conscious tolerance of a hostile work environment in your Pennsylvania company.
Our team believes all employees deserve a safe and fair environment. Contact us today at (717) 238-5707 or set up a free consultation to discuss your legal options with an employment attorney at Weisberg Cummings.
