A Primer on Pennsylvania Sexual Harassment Laws
Pennsylvania employers need to be aware of laws preventing workplace sexual harassment.

December 06, 2011 /24-7PressRelease/ -- The scandal surrounding Republican presidential candidate Herman Cain has brought the issue of workplace sexual harassment to the forefront once again. It is vitally important for employers across Pennsylvania and around the country to understand the laws prohibiting sexual harassment and discrimination on the job in order to protect themselves and their employees.

What Is Sexual Harassment?

While the law has no cut and dried, one-size-fits-all description of what sorts of behavior constitutes sexual harassment, it is defined by Pennsylvania Executive Order 2002-4 as including: "unwelcome sexual advances, requests for sexual favors and/or other verbal, visual or physical conduct of a sexual nature where" the behavior is made conditional as a term of the recipient's employment, used as a way to gain employment or creates a hostile work environment.

Executive Order 2002-4 goes on to explain what constitutes verbal, written, visual and physical conduct.

Verbal harassment includes such things as:
- Derogatory, explicit or vulgar jokes, comments or slurs about a person's gender
- Derogatory, explicit or vulgar comments or slurs about a person's body
- Repeated requests for dates, intercourse or other sexual activity

Written harassment includes such things as:
- Unwanted and explicit or sexually suggestive notes, poems, emails, letters or invitations

Visual harassment includes such things as:
- Unwelcome and sexually suggestive or explicit gestures, posters, pictures/drawings, cartoons or objects

Physical harassment includes such things as:
- Unwanted touching of a victim's body, even if the touching is not in a suggestive manner or on a victim's private parts
- Impeding or blocking movement of the victim
- Pinching or patting

It is important to note that the questionable activity does not have to come from a member of the opposite sex in order to be considered offensive and prohibited under the law; male-on-male and female-on-female harassment is just as damaging as mixed-gender harassment. The behavior also does not have to be performed by a boss or manager to be prohibited: the law makes no distinction between behaviors of a boss and those of a co-worker.

What Should You Do if You Are Being Harassed?

If you are the victim of unwanted sexual advances in the workplace, do not just accept the behavior. You need to speak out against such behavior by telling your harasser, telling your boss (or their boss, if necessary) and documenting your objections. If you need additional help to make the harassment stop, speak with an experienced employment law attorney in your area to learn more about your legal rights and options.

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