Sexual harassment laws protect employees from unwanted behavior in the workplace. In Pennsylvania, both federal and state laws address sexual harassment.
However, small businesses often face different legal rules depending on the number of employees they have. It is important to understand how these differences work under the Pennsylvania Human Relations Act (PHRA) and federal law.
Federal law does not always apply to small businesses
Under federal law, Title VII of the Civil Rights Act only applies to businesses with 15 or more employees. That means a business with fewer than 15 workers may not fall under federal workplace harassment rules. However, Pennsylvania law provides broader protection. The PHRA applies to employers with as few as four employees. This makes the PHRA especially important for small businesses in Pennsylvania.
How the PHRA protects employees
The Pennsylvania Human Relations Act defines sexual harassment as unwanted sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature. If these actions create a hostile work environment or affect employment decisions, they may qualify as harassment. Employees in small Pennsylvania businesses can still report and file claims based on this state-level law.
Small businesses must take this seriously. Even with fewer than 15 employees, they must provide a workplace free from harassment. Business owners should have clear policies and training to prevent sexual harassment. They should also respond quickly to complaints and investigate concerns thoroughly. Failure to do so may lead to legal claims and financial penalties.
What to do if you experience sexual harassment in a small business
Employees who experience sexual harassment at a small business can file a complaint with the Pennsylvania Human Relations Commission (PHRC). The PHRC handles investigations and helps resolve complaints. Employees must file a complaint within 180 days of the incident.
Pennsylvania law ensures that all workers, no matter the size of their workplace, receive protection against sexual harassment. Small businesses cannot ignore these rules just because they fall below the federal threshold. By understanding state law and taking the right steps, small business employees can protect themselves and their peers.
