What Constitutes Sexual Harassment?

Many people report that they have experienced sexual harassment. It happens in the workplace, bars and restaurants, and even on public transportation. Sexual harassment is broadly defined as unwelcome and inappropriate sexual advances or sexual conduct. A Harrisburg sex offense defense attorney can help you understand sexual harassment laws in Pennsylvania.

Sexual Harassment is a Form of Unlawful Sex Discrimination

Pennsylvania law generally treats sexual harassment as a form of unlawful sex discrimination when it occurs in the workplace. The primary governing authority is the Pennsylvania Human Relations Act (PHRA). It prohibits discrimination in employment based on sex. Courts interpreting the PHRA frequently rely on federal precedents developed under Title VII of the Civil Rights Act of 1964. Under the law, sexual harassment occurs when unwelcome sexual conduct affects the terms, conditions, or privileges of employment. The conduct must be connected to the individual’s sex and must interfere with the employee’s ability to perform job duties or maintain equal access to employment opportunities.

Hostile Work Environment Harassment Requires Severe or Pervasive Conduct

Hostile work environment harassment under Pennsylvania law focuses on conduct that creates an abusive or intimidating workplace. To prove liability, a plaintiff must show the conduct was unwelcome, based on sex, and severe or pervasive enough to create an objectively hostile environment.

Pennsylvania Does Not Have a Specific Criminal Statute for Sexual Harassment

In Pennsylvania, the term “sexual harassment” is generally addressed as a civil issue, not as a distinct criminal offense. This means there is no specific criminal law labeled as “sexual harassment.” Instead, Pennsylvania’s criminal law includes a general harassment statute at 18 Pa.C.S. § 2709, which covers a range of conduct, some of which may overlap with sexually harassing behavior. Civil and criminal proceedings involve different legal standards and potential consequences.

Understanding the Commonwealth’s Criminal Harassment Statute

Under 18 Pa.C.S. § 2709, a person commits the offense of harassment when, with the intent to harass, annoy, or alarm another person, they engage in certain prohibited conduct. The statute covers behaviors such as striking or attempting to strike another person, subjecting someone to unwanted physical contact, repeatedly following a person in public, or communicating in a lewd, threatening, or obscene manner. The law also applies to repeated communications intended to harass another person. Notably, harassment is typically graded as a summary offense in Pennsylvania. However, certain forms of harassment, particularly those involving repeated communication after a prior warning, may result in misdemeanor criminal charges. The specific facts and the nature of the conduct will determine how prosecutors charge the offense.

Contact Our Harrisburg, PA, Sexual Offense Defense Lawyer Today

At The Hoover Firm, our Harrisburg sex crimes defense attorney stands ready to defend your rights with compassionate, trustworthy legal representation. If you are facing a sex crime charge or have questions about your case, call us today for a completely confidential initial consultation. Take the first step, contact our experienced legal team now to vigorously protect your future. We serve clients in Harrisburg and throughout Central Pennsylvania.