Pennsylvania and federal sexual harassment laws differ in which employers they cover, how long you have to file, and how much money you can recover. At Mansour Law, our sexual harassment attorneys guide Allentown workers weighing sexual harassment claims under both systems.
Employer Size and Coverage
The threshold question in any harassment case is whether the law applies to your employer, and whether the two systems differ here. The Pennsylvania Human Relations Act (PHRA) covers employers with four or more employees.
In comparison, federal Title VII applies only to employers with 15 or more employees, so many small-business workers in the Lehigh Valley have a state claim with no federal counterpart. Both cover harassment by supervisors, coworkers, and sometimes customers. You can often file state and federal claims side by side.
What are the Filing Deadlines for Filing Sexual Harassment Claims in Pennsylvania?
Deadlines split along the same state-federal line. A sexual harassment charge with the Pennsylvania Human Relations Commission generally must be filed within 180 days of the harassment.
In contrast, the federal Equal Employment Opportunity Commission (EEOC) allows up to 300 days in Pennsylvania because the state runs its own enforcement agency. After you receive a right-to-sue letter, a court complaint usually follows within 90 days, often in the Lehigh County Court of Common Pleas or federal court in Allentown.
Filing with one agency can preserve the other through a work-sharing arrangement, though relying on that without checking dates is risky.
Differences in Damages and Recovery Caps
Money damages are where the two systems differ most, and the gap can be wide. Federal law caps combined compensatory and punitive damages based on employer size, from $50,000 for the smallest covered employers to $300,000 for those with more than 500 workers.
Pennsylvania law sets no cap on compensatory damages, so that a PHRA claim can exceed the federal ceiling. However, the trade-off is that state law does not allow punitive damages, whereas federal law does.
Damages you may pursue include the following:
- Back pay for lost wages and benefits
- Front pay for future earnings you will lose
- Compensation for emotional distress
- Punitive damages under federal law in serious cases
- Attorney fees and court costs
The available mix of damages can make it worthwhile to evaluate state and federal claims together rather than choosing one too early. The facts of the harassment, its effect on your career and well-being, and your employer’s size can all influence which law offers the stronger path to recovery.
Bring Your Harassment Claim to Mansour Law
Choosing between a state and federal harassment claim, or pursuing both, depends on your employer’s size, your timeline, and the damages that fit your situation. Mansour Law walks you through those factors and explains which path gives you the strongest footing under Pennsylvania and federal law.
Call (610) 321-3538 or contact us online for a free consultation about sexual harassment claims across the Lehigh Valley.
