Sexual Harassment
Philadelphia Sexual Harassment Lawyers
According to the Equal Employment Opportunity Commission (EEOC), federal sexual harassment charges were up 12% in 2018. Sexual harassment takes many forms in the modern workplace. Consider the following scenarios:
- Have you been propositioned at work by your supervisor?
- Have you been subjected to a hostile work environment?
- Have you been subjected to harassment?
- Has your employer failed to investigate your complaints of sexual harassment?
- Has your employer retaliated against you for filing a complaint of sexual harassment?
If you believe you have been sexually harassed, you should contact an experienced employment attorney today. There are deadlines associated with bringing claims of discrimination, including sexual harassment claims. An experienced Philadelphia employment lawyer can examine your situation and help determine the best course of action.
Sexual Harassment Under State and Federal Law
Do you suspect you’re being sexually harassed at work? Sexual harassment is when unwelcomed acts of a sexual nature:
- Impact an individual’s employment,
- Unreasonably interferes with an individual’s work performance, or
- Creates an intimidating, hostile or offensive work environment.
There are federal and state laws that protect employees from unwelcome sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature. These laws include:
- The Crime Victims’ Rights Act
- The Pennsylvania Human Relations Act
- Title VII of the Civil Rights Act
- Chapter 62A of Title 42 of the Pennsylvania Consolidated Statutes
- Title 18 of the Pennsylvania Consolidated Statutes, Section 3104
- Title IX of the Education Amendments of 1972
- Philadelphia Fair Practices Ordinance
For victims of sexual harassment, it can be difficult to know where to turn. Unfortunately, time is of the essence. You may only have 180 days to file a claim or your rights to the claim could be forever waived. Murphy Law Group represents employees who have been victims of sexual harassment.
Proving that You Are a Victim of Sexual Harassment
In all cases, it is up to employees to prove that they are victims of sexual harassment. Even if your employer does the right thing by investigating your complaint and taking appropriate action internally, you may still be entitled to damages and/or other remedies. But, you will need to hire a lawyer to seek these remedies on your behalf.
When you hire a lawyer to represent you, your lawyer will take the steps necessary to prove that you are a victim of sexual harassment. Depending on the circumstances, this may involve proving:
1. Quid Pro Quo
Many sexual harassment cases involve a quid pro quo (or a request for a quid pro quo). This Latin phrase translates to “something for something;” and, in the employment context, this means that an employee receives a request for a sexual favor in exchange for an opportunity or benefit at work.
Most quid pro quo cases involve requests from employees’ supervisors or managers. For example, if your manager offered you a raise in exchange for a sexual favor, this is a textbook case of quid pro quo sexual harassment. But, there are numerous other permutations as well; and, if you believe that you may be a victim for any reason, you will want to discuss the circumstances of your case with a lawyer as soon as possible.
2. Hostile Work Environment
Employees can also file sexual harassment claims when they experience a hostile work environment. Hostile work environments involve pervasive, repeated and/or serious instances of harassing conduct that add up to making going to work everyday unsafe or uncomfortable. Acts that can add up to create a hostile work environment include:
- Sexual comments or messages
- Sexual jokes
- Sharing sexual photos or videos
- Unwanted touching or advances
- Threats of nonconsensual sexual acts (even if made “jokingly”)
These, too, are just examples. There is no formula for determining when a work environment becomes hostile. Instead, employees’ claims are judged on a case-by-case basis. With our experience handing hostile work environment cases, we can determine if you have grounds to file a sexual harassment claim; and, if you do, we can take all necessary and appropriate legal action on your behalf.
3. A Single Instance of Sexual Harassment that is Sufficient to Warrant Legal Action
Single instances of sexual harassment can also be sufficient to warrant legal action in some cases. While proving a hostile work environment often involves proving a pattern of inappropriate conduct, single instances can also be enough to justify legal action if they are sufficiently severe.
With this in mind, if you have felt threatened at work, if you have experienced any form of unwanted sexual contact, or if you are a victim of a more serious form of sexual assault, you can—and should—talk to a lawyer. We provide free and confidential consultations, and an experienced lawyer at Murphy Law Group can help you understand your situation and ensure that you make informed decisions about your next steps.
Damages Available to Sexual Harassment Victims
For victims, the impact of sexual harassment is felt outside the workplace. Individuals subjected to such harassment in the workplace report the following long-term physical and mental health consequences:
- Mental Health Effects: PTSD, anxiety, depression and panic attacks
- Physical Impact: Increased stress, loss of appetite, sleep disturbances, headaches
There are several types of damages available to victims of sexual harassment. The three most common types are:
- Economic: Reimbursement for actual monetary damages, such as lost compensation, medical bills or employment availability.
- Non-economic: Pain and suffering and emotional distress.
Punitive damages may be awarded in severe sexual harassment cases. In addition, an employee may be able to recover their legal fees in pursuit of the sexual harassment claim. These damages are available to deter any further misconduct from the employer.
We Represent Employees Who Are Victims of Sexual Harassment
Murphy Law Group is dedicated to helping victims against sexual harassment in the workplace.
If you believe you have been sexually harassed, contact us to discuss your situation.
Murphy Law Group represents residents of Philadelphia and its surrounding suburbs, including residents of Bucks, Montgomery, Delaware, Chester, Berks, Lancaster, Northampton, Lehigh, Lackawanna, and Luzerne Counties, residents located in central and western Pennsylvania, as well as individuals residing in New Jersey, who have potential claims for sexual harassment. Murphy Law Group is dedicated to protecting the rights of Pennsylvania and New Jersey workers.