Sexual harassment laws exist to protect individuals in the workplace from inappropriate and unlawful behavior. These laws differ depending on whether they are enacted at the federal or state level. Both Pennsylvania and New Jersey have implemented specific regulations that complement federal laws, creating unique obligations and protections for employees and employers.
What Are the Federal Sexual Harassment Laws?
Federal sexual harassment laws are primarily enforced through Title VII of the Civil Rights Act of 1964. This legislation prohibits workplace discrimination based on race, color, religion, sex, or national origin. Sexual harassment is considered a form of sex discrimination under Title VII.
The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates claims of sexual harassment. Federal laws apply to employers with 15 or more employees and cover behaviors like unwelcome sexual advances, inappropriate remarks, or requests for sexual favors that create a hostile work environment or impact employment decisions.
Federal protections apply regardless of the industry or job type. However, not all workplaces or incidents meet the federal thresholds.
How Do Pennsylvania Sexual Harassment Laws Differ from Federal Laws?
Pennsylvania has its own set of sexual harassment laws under the Pennsylvania Human Relations Act (PHRA). This law mirrors many of the protections offered by federal legislation but broadens its application to employers with as few as four employees.
The PHRA prohibits workplace discrimination, including harassment based on sex. Pennsylvania law allows individuals to file complaints with the Pennsylvania Human Relations Commission (PHRC), which handles investigations and resolutions of workplace harassment claims.
The state’s protections apply to private and public sector employees. In some cases, Pennsylvania law offers remedies that federal law does not, such as additional damage awards or longer timeframes for filing complaints.
What Are New Jersey’s Sexual Harassment Laws?
New Jersey also provides protections against sexual harassment through the New Jersey Law Against Discrimination (NJLAD). The NJLAD applies to all employers, regardless of size, making it one of the most inclusive anti-discrimination laws in the country.
Under the NJLAD, harassment based on sex is unlawful when it creates a hostile work environment, interferes with job performance, or impacts employment opportunities. New Jersey law is unique in that it does not require proof of severe or pervasive harassment. Even a single incident can lead to liability if it significantly impacts the workplace.
Employees in New Jersey can file complaints with the New Jersey Division on Civil Rights (DCR) or pursue civil claims in state court. Remedies available under the NJLAD include back pay, emotional distress damages, and attorney’s fees.
What Remedies Are Available for Sexual Harassment?
The remedies available to employees who experience sexual harassment depend on the laws under which the claim is filed. Under federal law, remedies may include reinstatement, back pay, front pay, and compensation for emotional distress. Punitive damages may also be awarded in cases involving egregious misconduct.
Pennsylvania law allows for similar remedies but may also include compensation for humiliation and other damages specific to state claims. In New Jersey, the NJLAD provides broad relief, including economic damages, emotional distress compensation, and punitive damages, which are designed to deter future misconduct.
What Role Do Employers Play in Preventing Harassment?
Employers are responsible for maintaining a workplace free from harassment. Under federal and state laws, they are expected to establish and enforce clear anti-harassment policies, provide training for employees, and take immediate action when complaints arise. If you have experienced workplace sexual harassment and your employer is not on your side, reach out to our experienced legal team.
Skilled Philadelphia Sexual Harassment Lawyers at The Gold Law Firm P.C. Are On Your Side
If you are experiencing sexual harassment in the workplace, the Philadelphia sexual harassment lawyers at The Gold Law Firm P.C. can help. For a free consultation, call 215-569-1999 or submit our online form. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
