Pennsylvania Labor Laws on a Hostile Work Environment
- As at at-will termination state, Pennsylvania employers can fire an employee for any reason as long as they do not discriminate against protected classes of employees. If an employer treats an employee poorly at work, has personality conflicts with employees or shows favoritism, the state of Pennsylvania does not consider such actions to create a hostile work environment, and the employee has no legal remedy against the employer.
- Pennsylvania considers an employer to have created a hostile work environment if the conditions in which employees work are unsafe and can cause physical harm or death to workers. Under Section 43-1423 of the Pennsylvania Code, employers cannot create a hostile work environment in order to punish an employee for reporting any pay or safety violations to the Pennsylvania Department of Labor and Industry. An employee can sue for damages, and a court will fine the employer up to $500 for violating whistle-blower laws, according to Pennsylvania Labor Law Attorneys.
- Under the Pennsylvania Human Relations Act, any employer in the state of Pennsylvania who discriminates on the basis of race, religion, color, ancestry, national origin, disability, receipt of a general equivalency diploma, old age or willingness or refusal to have an abortion automatically creates a hostile work environment. Examples of discrimination can include making disparaging comments, threats, treating protected employees differently from other employees or encouraging a protected employee to quit. A worker can file a claim with the Pennsylvania Human Relations Commission to pursue a claim against her employer within 180 days of the violation of discrimination law, according to the Commission.
- The Pennsylvania Equal Pay Law requires all employers in the state of Pennsylvania to not discriminate on the basis of gender. If a man and a woman work under equal conditions and have equal skills, the employer must pay both people the same rate. Any employer who discriminates against either gender creates a hostile work environment, and the Pennsylvania Department of Labor and Industry can fine the business owner between $50 and $200 and imprison the person at fault for 30 to 60 days. An employee will also have to right to recoup any lost earnings. In addition, an employer must ensure the work environment stays free of sexual harassment, and the employer cannot discriminate against pregnant women or prevent family leave allowed by federal law.
Considerations
Whistleblowing
Discrimination
Gender
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