During my research into discrimination cases, I found that most states have the same practices. This is because the states must follow federal guidelines when it comes to discrimination.
The discrimination clause of Pennsylvania is outlined in the Pennsylvania Human Relations Act, which dictates that it is against the law for an employer or potential employer to discriminate on the basis of race, color, religion, ancestry, age (if 40 and above), sex, national origin, non-job related disability, known association with a disabled individuals, possession of a GED diploma, or willingness or refusal to participate in abortion or sterilization.
If an employee of a company in Pennsylvania feels that he or she has been discriminated against, then the employee needs to file a claim with the Pennsylvania Human Relations Commission (PHRC) or with the Federal agency known as the Equal Opportunity Commission (EEOC). These two agencies, as in many states, have a work-sharing agreement, which means that you only need to file a claim with one agency to have it cross filed with the other.
If the employer is a smaller company of between 4-14 employees, then the employer is not covered by Federal law, but is still covered by Pennsylvania law. Therefore, for a smaller organization, participants need to file with the PHRC. The Federal law only takes action on cases where the employer has 15 or more employees.
To file a claim with the state government, you must file in the county where the discrimination occurred; not in the county where you reside. You must file within 180 days of the discrimination if you are filing with the PHRC or within 300 days with the EEOC. It is not necessary to have an attorney file with you, but it may be recommended for your piece of mind and ease of movement with the system.
The Pennsylvania Complete Labor Law poster is available with the most current state law information including discrimination. It also reflects all the federal laws as well.
Last 10 posts by Nicole
- Puerto Rico (PR) Posting Requirements for Employer - October 4th, 2006
- Federal Posting Requirements for Employer - October 4th, 2006
- Virgin Islands (VI) Posting Requirements for Employer - October 4th, 2006
- OSHA Regulations on CPR - September 28th, 2006
- OSHA Regulation - September 28th, 2006
- History of Racial Discrimination - September 28th, 2006
- Discrimination in the Work Place - September 28th, 2006
- Discrimination Complaint Process - September 28th, 2006
- Discrimination Against Women - September 28th, 2006
- Florida Discrimination Law - September 28th, 2006