Pennsylvania Workplace Sexual Assault Lawyer
Know why, when, and how to hire a Pennsylvania workplace sexual assault attorney if you’ve been impacted.
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Author: Kathryn Kosmides
- You have the legal right to a workplace free from sexual assault and harassment. If these rights are violated, you may be able to pursue claims against the individual or your employer.
- An experienced Pennsylvania workplace sexual assault lawyer can help you understand the reporting processes, protect your rights throughout, and file a civil lawsuit if your rights are violated.
- These processes can be complex and confusing. In addition, you have a very short time limit to file a complaint. Therefore, speaking with someone as soon as possible is critical.
If you have been the victim of workplace sexual assault, you are likely feeling confused, hurt, and overwhelmed. Whether the harm happened yesterday or years ago, this experience can have major impacts on mental and physical health that impact your ability to work or pursue your goals.
Federal law requires your workplace to be free from sexual harassment and abuse. In addition, Pennsylvania employment law, including the Pennsylvania Human Relations Act, or PHRA, and several local laws protect workers from sexual abuse and harassment. Some laws only apply to employers with more than a certain number of employees, but most employees have some level of legal protection beyond criminal laws.
Workplace sexual assault can include inappropriate touching, groping, forced oral sex, and rape. Workplace sexual assault is a form of sexual harassment—which also encompasses non-physical harm, including quid pro quo harassment, inappropriate comments, grooming, or leering.
Workplace sexual assault can happen to anyone. An assault might be perpetrated by a manager, co-worker, customer, or third-party vendor.
If you have experienced any form of sexual abuse in the workplace, we recommend speaking to an experienced Pennsylvania workplace sexual assault lawyer as soon as possible. They can help you understand your options and the processes involved in reporting the harm, including your ability to file a lawsuit for workplace sexual assault.
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Your Rights & Options: Pennsylvania Workplace Sexual Assault
We understand how hard reporting sexual assault can be, whether you’re telling your employer, law enforcement, or just telling a friend.
However, you must report the abuse to your employer to preserve your full rights and options under workplace protection laws. Your employer is legally obligated to take your report, investigate fully, and remedy the situation. They are also prohibited from retaliating against those who report harassment or abuse.
Every company may have different procedures for reporting misconduct internally, such as speaking to a manager or filing a complaint through an online portal. Before reporting, we highly recommend you write down everything you remember, including those involved, dates, times, and what happened in your own words. Also note any evidence such as video recordings, potential witnesses, and individuals you told immediately following the incident.
We also recommend recording any communications you have with your company about the incident. Get everything you can in writing. You should always file a written report and try to get all communications in writing.
After you report, your company must follow proper procedures and remedy the situation appropriately. If your company investigates and ensures you will not experience further harm, they’ve met their legal obligations. If the harm continues or reoccurs, you should report that immediately.
Unfortunately, many employers do not meet their legal requirements for investigating workplace sexual assault. Some even retaliate against the person who reported it. Retaliation for reporting workplace sexual assault may include putting you on leave, making you work different hours, forcing you to change your position or title, firing you, or forcing you to continue working with the accused individual.
If any of these things happen, you may have additional legal rights and options, including eligibility to pursue a civil lawsuit if you take the proper steps first.
In Pennsylvania, if you believe your workplace did not investigate, discouraged you from reporting, or retaliated against you for reporting, you can file a complaint with either the U.S. Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission. Once you file with the PHRC, a claim will automatically be filed with the EEOC and vice versa.
Under both Pennsylvania and federal law, you must exhaust all “administrative remedies” before filing a lawsuit. Thus, you must file a complaint with either agency to take further action.
Understanding and pursuing your legal rights can be confusing and complicated. We highly recommend speaking with an experienced Pennsylvania workplace sexual assault attorney who can represent you throughout the process and, should you have the right, pursue a lawsuit against your employer or other responsible parties.
When, Why, & How to Hire a PA Workplace Sexual Assault Lawyer
After experiencing workplace sexual assault by a manager, co-worker, or customer, most workers do not fully understand their legal rights and options. An experienced PA workplace abuse attorney can help. They will advise you of your options and empower you to take the next step.
We recommend speaking to an attorney as soon as possible, whether you’ve already filed a complaint with HR or are still considering the reporting process. While you can’t pursue further action until the internal reporting process is complete, an experienced attorney can assist you with this process and ensure that the employer meets their legal obligations.
No one wants to file a lawsuit against their employer. However, no one who reports abuse should be fearful of reporting or face retaliation for speaking up. An experienced and knowledgeable lawyer can ensure your rights are protected.
A civil lawsuit against your employer for workplace sexual assault allows you to seek monetary compensation for the harm and resulting damages. Before filing suit, you must allow the PHRC or EEOC to complete its investigation, which can take up to 180 days. However, many employers are willing to settle earlier because they do not want the full investigation to happen. A full investigation could expose additional wrongdoing, opening the employer up to more claims.
This is why speaking to an experienced PA workplace sexual assault attorney as soon as possible is critical. They can help you draft your initial complaint, ensure your company meets its obligations, file a complaint with the PHRC or EEOC, and negotiate a settlement on your behalf. They can also pursue a lawsuit on your behalf if the investigating agency allows one.
You have a limited time to file a complaint with the PHRC or EEOC—180 days from the incident date to file a complaint with the PHRC or 300 days to file with the EEOC.
If you do not file by the applicable deadline, you may lose your ability to file a claim forever.
The EEOC or PHRC will investigate your claim. The agencies could pursue further action, such as suing the company on your behalf or attempting to negotiate a resolution. If the investigating agency can’t determine if your workplace violated the law or it can’t facilitate a settlement, it will issue a Notice of Right to Sue. You must receive such a notice before filing a civil lawsuit.
The company may want to settle out of court, and that’s where having an experienced and skilled workplace attorney on your side matters.
If you’ve gone through these processes on your own already and are confused about your next step, speak with an experienced Pennsylvania workplace sexual assault attorney as soon as possible. A lawyer can ensure you take the proper steps to preserve your legal options and pursue justice.
We are here to listen and advocate for you.
Pennsylvania Workplace Sexual Assault Lawsuit FAQs
We understand that those impacted may have many questions. We’ve compiled the following list of the most frequently asked questions for those impacted by workplace sexual assault in Pennsylvania. However, we are always here to answer any questions specific to your case and can connect you with an experienced PA sexual abuse workplace attorney.
How long do I have to file a workplace sexual assault claim?
Individuals have 180 days to file an initial complaint with the PHRC and 300 days to file with the EEOC. After the agency completes its investigation, it will either take further action on your behalf or issue a Notice of Right to Sue to allow you to pursue a lawsuit. If you have received a Notice of Right to Sue, you generally have 90 days to file a civil lawsuit.
Therefore, it is critical to speak with an experienced attorney as soon as possible. These deadlines can prevent you from pursuing a claim and obtaining the justice you deserve.
How much can compensation can I recover in a PA workplace sexual assault claim?
The amount of compensation recoverable in a workplace sexual assault claim depends on a wide of factors, including the size of the employer, the actions they took following your report, the pervasive nature of the harm, and whether any previous complaints have been filed.
An experienced Pennsylvania workplace sexual assault lawyer might be able to provide an estimate after reviewing the facts of your case.
How do I hire a Pennsylvania workplace sexual assault attorney?
We can connect you with an experienced attorney today who can provide a free consultation and advise you of your legal rights and options.
Most lawyers take workplace sexual assault cases on a contingency fee basis. This means there are often no upfront costs for pursuing a workplace sexual assault claim. The law firm is only compensated if and when they win the case.
How long does the process take to file a workplace sexual assault claim?
The process for pursuing a workplace sexual assault claim can take anywhere from 180 days to more than 18 months. The length of this process varies depending on the circumstances, including the employer’s response.
However, many companies choose to settle the claim quickly rather than go through the full litigation process. Taking a case all the way to trial can be risky, expensive, and time-consuming and pose the threat of exposing other workplace issues that could result in further litigation.
How Helping Survivors Can Assist Today
Filing a lawsuit can be complex. The first hurdle is the civil statute of limitations, which imposes the deadline for filing suit. The clock for filing suit generally begins to run from when the incident occurs.
Each jurisdiction has its own deadline, and many give as little as two years from the incident date. The relevant statute of limitations is generally the one enacted by the state where the harm occurred, not necessarily where the victim or perpetrator resides. For example, if you live in New Jersey but the harm happened at an event in Las Vegas, you likely must file your claim in Nevada under its laws.
This likely imposes an added burden on survivors, but we work with law firms nationwide who will take these cases no matter where you reside. Additionally, you will likely not need to attend most court proceedings, so travel should not be a major worry, especially in the early stages of litigation.
We can help you understand this process and whether it makes sense for you. Contact us today for further information and assistance.
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