Workplace harassment is a serious issue that affects millions of workers every year. It can create a hostile, intimidating, or abusive work environment that interferes with your job performance and well-being. Workplace harassment can also violate your civil rights and expose your employer to legal liability.
If you are a victim of workplace harassment in Philadelphia, you need to know your rights and options. In this guide, we will explain what workplace harassment is, what laws protect you from it, how to report it, and how to get legal help.
Key Takeaways
- Workplace harassment is a form of discrimination that occurs when an employee is subjected to unwelcome conduct that is based on a protected characteristic, such as race, sex, age, disability, religion, national origin, sexual orientation, gender identity, or any other category protected by law.
- Workplace harassment can create a hostile, intimidating, or abusive work environment that interferes with your job performance and well-being. It can also violate your civil rights and expose your employer to legal liability.
- There are several federal, state, and local laws that protect you from workplace harassment in Philadelphia, such as Title VII, the ADEA, the ADA, the PHRA, and the Philadelphia Fair Practices Ordinance.
- If you are experiencing workplace harassment, you should document the harassment, report it to your employer, and file a complaint with an external agency, such as the EEOC, the PHRC, or the PCHR.
- If you are a victim of workplace harassment in Philadelphia, you should consult with an experienced employment law attorney who can advise you on your legal options and represent you in your claim. An attorney can help you get the compensation and justice you deserve.
Comparison Table: Workplace Harassment Laws in Philadelphia
| Law | Protected Characteristics | Covered Employers | Time Limit to File a Complaint | Agency to File With |
|---|---|---|---|---|
| Title VII | Race, color, religion, sex, or national origin | Employers with 15 or more employees | 300 days | EEOC |
| ADEA | Age (40 or older) | Employers with 20 or more employees | 300 days | EEOC |
| ADA | Disability | Employers with 15 or more employees | 300 days | EEOC |
| PHRA | Race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, or the use of a guide or support animal | Employers with 4 or more employees | 180 days | PHRC |
| Philadelphia Fair Practices Ordinance | Race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, disability, marital status, age, source of income, familial status, genetic information, or domestic or sexual violence victim status | Employers with 1 or more employees | 300 days | PCHR |
What is Workplace Harassment?
Workplace harassment is a form of discrimination that occurs when an employee is subjected to unwelcome conduct that is based on a protected characteristic, such as race, sex, age, disability, religion, national origin, sexual orientation, gender identity, or any other category protected by law.
Workplace harassment can take many forms, such as:
- Verbal harassment, such as insults, jokes, slurs, threats, or derogatory comments.
- Physical harassment, such as touching, groping, hitting, pushing, or blocking.
- Visual harassment, such as displaying offensive pictures, posters, cartoons, or symbols.
- Sexual harassment, such as unwanted sexual advances, requests for sexual favors, or other sexual conduct that creates a hostile or offensive work environment.
- Retaliation, such as firing, demoting, transferring, or otherwise taking adverse action against an employee who complains about or opposes harassment.
Workplace harassment becomes unlawful when:
- The harassment is severe or pervasive enough to alter the conditions of your employment and create an abusive work environment.
- The harassment is a quid pro quo, meaning that your submission to or rejection of the harassment is used as a basis for an employment decision that affects you.
What Laws Protect You from Workplace Harassment?
There are several federal, state, and local laws that protect you from workplace harassment in Philadelphia. These include:
- Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin.
- The Age Discrimination in Employment Act of 1967, which prohibits employment discrimination against workers who are 40 years or older.
- The Americans with Disabilities Act of 1990, which prohibits employment discrimination against workers with disabilities.
- The Pennsylvania Human Relations Act, which prohibits employment discrimination based on race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, or the use of a guide or support animal.
- The Philadelphia Fair Practices Ordinance, which prohibits employment discrimination based on race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, disability, marital status, age, source of income, familial status, genetic information, or domestic or sexual violence victim status.
These laws apply to employers who have a certain number of employees, such as 15 or more for Title VII, or 4 or more for the Philadelphia Fair Practices Ordinance. They also cover various types of employment relationships, such as full-time, part-time, temporary, or contract workers.
How to Report Workplace Harassment?
If you are experiencing workplace harassment, you should take the following steps to report it and seek relief:
- Document the harassment. Keep a record of the dates, times, locations, witnesses, and details of the harassing incidents. Save any evidence, such as emails, texts, voicemails, or photos, that support your claim.
- Report the harassment to your employer. Follow your employer’s policy and procedure for reporting harassment, if they have one. If not, report the harassment to your supervisor, human resources department, or any other person in charge. Make your complaint in writing and keep a copy for yourself.
- File a complaint with an external agency. If your employer does not take appropriate action to stop the harassment, or if you are afraid of retaliation, you can file a complaint with an external agency that enforces anti-discrimination laws. You have several options, such as:
- The Equal Employment Opportunity Commission (EEOC), which enforces federal laws. You can file a complaint with the EEOC within 300 days of the last incident of harassment. You can contact the EEOC at 1-800-669-4000 or visit their website at www.eeoc.gov.
- The Pennsylvania Human Relations Commission (PHRC), which enforces state laws. You can file a complaint with the PHRC within 180 days of the last incident of harassment. You can contact the PHRC at 717-787-4410 or visit their website at [www.phrc.pa.gov].
- The Philadelphia Commission on Human Relations (PCHR), which enforces local laws. You can file a complaint with the PCHR within 300 days of the last incident of harassment. You can contact the PCHR at 215-686-4670 or visit their website at www.phila.gov/humanrelations.
You can file a complaint with any or all of these agencies, but you must file with the EEOC or the PHRC before you can file a lawsuit in court.
FAQs: Workplace Harassment Laws in Philadelphia
Q: What is the difference between workplace harassment and workplace bullying?
A: Workplace harassment is a form of discrimination that occurs when an employee is subjected to unwelcome conduct that is based on a protected characteristic, such as race, sex, age, disability, religion, national origin, sexual orientation, gender identity, or any other category protected by law. Workplace bullying is a form of abusive behavior that occurs when an employee is subjected to repeated, unreasonable, or malicious conduct that is not based on a protected characteristic, such as personal attacks, insults, threats, or sabotage. Both workplace harassment and workplace bullying can create a hostile work environment, but only workplace harassment is illegal under anti-discrimination laws.
Q: What are some examples of workplace harassment?
A: Workplace harassment can take many forms, such as:
- Verbal harassment, such as insults, jokes, slurs, threats, or derogatory comments.
- Physical harassment, such as touching, groping, hitting, pushing, or blocking.
- Visual harassment, such as displaying offensive pictures, posters, cartoons, or symbols.
- Sexual harassment, such as unwanted sexual advances, requests for sexual favors, or other sexual conduct that creates a hostile or offensive work environment.
- Retaliation, such as firing, demoting, transferring, or otherwise taking adverse action against an employee who complains about or opposes harassment.
Q: How can I prove workplace harassment?
A: To prove workplace harassment, you need to show that:
- You belong to a protected group or category under the law, such as race, sex, age, disability, religion, national origin, sexual orientation, gender identity, or any other category protected by law.
- You were subjected to unwelcome conduct that was based on your protected characteristic.
- The conduct was severe or pervasive enough to alter the conditions of your employment and create an abusive work environment, or the conduct was a quid pro quo, meaning that your submission to or rejection of the conduct was used as a basis for an employment decision that affects you.
- Your employer knew or should have known about the harassment and failed to take prompt and appropriate action to stop it.
You can use various types of evidence to support your claim, such as:
- Your own testimony and statements.
- The testimony and statements of witnesses, co-workers, or supervisors.
- The testimony and statements of experts, such as psychologists, doctors, or lawyers.
- Documents, such as emails, texts, voicemails, or photos, that show the harassment or your employer’s response to it.
- Records, such as performance reviews, disciplinary actions, or pay stubs, that show the impact of the harassment on your employment.
Q: What can I do if I am being harassed at work?
A: If you are being harassed at work, you should take the following steps to report it and seek relief:
- Document the harassment. Keep a record of the dates, times, locations, witnesses, and details of the harassing incidents. Save any evidence, such as emails, texts, voicemails, or photos, that support your claim.
- Report the harassment to your employer. Follow your employer’s policy and procedure for reporting harassment, if they have one. If not, report the harassment to your supervisor, human resources department, or any other person in charge. Make your complaint in writing and keep a copy for yourself.
- File a complaint with an external agency. If your employer does not take appropriate action to stop the harassment, or if you are afraid of retaliation, you can file a complaint with an external agency that enforces anti-discrimination laws. You have several options, such as:
- The Equal Employment Opportunity Commission (EEOC), which enforces federal laws. You can file a complaint with the EEOC within 300 days of the last incident of harassment. You can contact the EEOC at 1-800-669-4000 or visit their website at [www.eeoc.gov].
- The Pennsylvania Human Relations Commission (PHRC), which enforces state laws. You can file a complaint with the PHRC within 180 days of the last incident of harassment. You can contact the PHRC at 717-787-4410 or visit their website at [www.phrc.pa.gov].
- The Philadelphia Commission on Human Relations (PCHR), which enforces local laws. You can file a complaint with the PCHR within 300 days of the last incident of harassment. You can contact the PCHR at 215-686-4670 or visit their website at [www.phila.gov/humanrelations].
You can file a complaint with any or all of these agencies, but you must file with the EEOC or the PHRC before you can file a lawsuit in court.
Q: How can I get legal help for workplace harassment?
A: If you are a victim of workplace harassment in Philadelphia, you should consult with an experienced employment law attorney who can advise you on your legal options and represent you in your claim. An attorney can help you:
- Evaluate the strength and value of your case.
- Gather and preserve evidence to support your claim.
- Negotiate with your employer or their insurance company for a fair settlement.
- File a complaint with the appropriate agency or a lawsuit in court if necessary.
- Advocate for your rights and interests throughout the process.
At Swartz Swidler LLC, we are committed to protecting the rights of employees and fighting for justice. We have extensive experience and knowledge in handling various employment law cases, such as workplace harassment, discrimination, retaliation, wrongful termination, and wage and hour violations. We represent employees in Philadelphia, New Jersey, and across the nation. We work on a contingency fee basis, which means you pay nothing unless we win your case. We offer a free consultation to evaluate your situation and advise you on your legal options. We are ready to help you get the compensation and justice you deserve.
If you are looking for a trusted and experienced employment law attorney in Philadelphia, contact Swartz Swidler LLC today at (856) 685 7420 or fill out our online form. We are here to help you.
Q: What are the benefits of hiring Swartz Swidler LLC for workplace harassment cases?
A: There are many benefits of hiring Swartz Swidler LLC for workplace harassment cases, such as:
- We have over 20 years of combined experience in employment law and have successfully handled hundreds of cases involving workplace harassment, discrimination, retaliation, wrongful termination, and wage and hour violations.
- We have a team of skilled and dedicated attorneys who are passionate about protecting the rights of employees and fighting for justice. We are not afraid to take on large corporations or government entities that violate the law.
- We have a reputation for excellence and professionalism in the legal community and among our clients. We have received numerous awards and recognitions, such as being named Super Lawyers, Top Attorneys, and Best Lawyers by various publications and organizations.
- We have a client-centered approach and provide personalized attention, honest communication, and aggressive representation. We listen to your needs and goals, keep you informed of the progress of your case, and work hard to achieve the best possible outcome for you.
Facts & Statistics: Workplace Harassment in the US
Workplace harassment is a widespread and serious problem that affects millions of workers in the US. According to various sources, here are some facts and statistics that illustrate the magnitude and impact of workplace harassment:
- According to the EEOC, in fiscal year 2020, the agency received 23,975 charges of workplace harassment, which accounted for 30.2% of all charges filed.
- Of the workplace harassment charges filed with the EEOC in fiscal year 2020, 16,183 (67.5%) alleged harassment based on sex, 3,562 (14.9%) alleged harassment based on race, 2,169 (9.1%) alleged harassment based on disability, 1,812 (7.6%) alleged harassment based on age, and 1,652 (6.9%) alleged harassment based on national origin.
- According to a 2018 survey by the Society for Human Resource Management (SHRM), 38% of US workers said they had experienced or witnessed workplace harassment in the past year.
- Of the workers who reported experiencing or witnessing workplace harassment in the past year, 45% said the harassment was based on sex or gender, 28% said it was based on race or ethnicity, 24% said it was based on age, 17% said it was based on sexual orientation, and 15% said it was based on religion.
- According to a 2017 report by the US Merit Systems Protection Board (MSPB), 18% of federal employees said they had experienced some form of workplace harassment in the past two years.
- Of the federal employees who reported experiencing workplace harassment in the past two years, 44% said the harassment was perpetrated by a supervisor or manager, 34% said it was perpetrated by a co-worker, and 22% said it was perpetrated by someone outside the organization.
- According to a 2016 study by the EEOC, workplace harassment can have negative effects on the victims, such as lower job satisfaction, lower organizational commitment, lower productivity, higher turnover, higher absenteeism, higher stress, lower self-esteem, and lower physical and mental health.
- According to the same study, workplace harassment can also have negative effects on the employers, such as higher legal costs, higher settlement costs, higher insurance premiums, lower morale, lower trust, lower innovation, lower customer satisfaction, and lower reputation.
These facts and statistics show that workplace harassment is a serious issue that affects many workers and employers in the US. It is important to raise awareness and take action to prevent and address workplace harassment and create a respectful and dignified work environment for everyone.
How to Get Legal Help?
Workplace harassment can have a devastating impact on your career, health, and happiness. You do not have to suffer in silence or tolerate the abuse. You have the right to work in a respectful and dignified environment, free from discrimination and harassment.
If you are a victim of workplace harassment in Philadelphia, you should consult with an experienced employment law attorney who can advise you on your legal options and represent you in your claim. An attorney can help you:
- Evaluate the strength and value of your case.
- Gather and preserve evidence to support your claim.
- Negotiate with your employer or their insurance company for a fair settlement.
- File a complaint with the appropriate agency or a lawsuit in court if necessary.
- Advocate for your rights and interests throughout the process.
At Swartz Swidler LLC, we are committed to protecting the rights of employees and fighting for justice. We have extensive experience and knowledge in handling various employment law cases, such as workplace harassment, discrimination, retaliation, wrongful termination, and wage and hour violations. We represent employees in Philadelphia, New Jersey, and across the nation. We work on a contingency fee basis, which means you pay nothing unless we win your case. We offer a free consultation to evaluate your situation and advise you on your legal options. We are ready to help you get the compensation and justice you deserve.
If you are looking for a trusted and experienced employment law attorney in Philadelphia, contact Swartz Swidler LLC today at (856) 685 7420 or fill out our online form. We are here to help you.
