What are my rights against workplace harassment in Pennsylvania?

1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal hostile-work-environment baseline.

2. State Statute & Agency. The Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq., is enforced by the Pennsylvania Human Relations Commission (PHRC). The PHRA covers employers with 4 or more employees, broader than Title VII.

3. Standard for Hostile Work Environment. Pennsylvania applies the federal "severe or pervasive" standard from Harris v. Forklift Systems, 510 U.S. 17 (1993). The state has not enacted a lower threshold.

4. Protected Categories. Race, color, religious creed, ancestry, age, sex, national origin, non-job-related handicap or disability, use of a guide or support animal, and (effective 2023 PHRC regulation) sex including sexual orientation and gender identity.

5. Quid Pro Quo vs Hostile Environment. PHRA claims follow Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth: strict employer liability for tangible employment action by a supervisor.

6. Employer Liability. Employers may raise the Faragher/Ellerth affirmative defense for supervisor hostile-environment claims when no tangible action occurred, provided they had effective complaint procedures and the employee unreasonably failed to use them.

7. Mandatory Training. Pennsylvania has no statewide harassment training mandate, though Philadelphia and some agencies require it. Best practice is annual training.

8. Filing Deadline. EEOC: 300 days. PHRC: 180 days from the harassing act (43 P.S. § 959(h)). After one year at PHRC, you may sue in state court.

9. NDA Restrictions. Pennsylvania has not enacted a statewide ban on sexual-harassment NDAs, though Philadelphia's Bill No. 220915 (2022) limits non-disparagement and confidentiality provisions for city contractors.

This is legal information, not legal advice.