labor lawAdivision of labor law center

My research into Pennsylvania’s employment discrimination laws in the workplace had revealed some expansion on the standards set by federal statutes, but more than that, they make it illegal to discriminate on a couple of things that I have yet to find through my research. These include GED acquired diplomas and views on abortion and sterilization.

Pennsylvania’s employment discrimination laws in the workplace make it illegal to discriminate on the basis of age (40 and older), ancestry, association with disabled individuals, color, disability (non-job related), GED acquired diplomas, national origin, race, religion, sex, or views on abortion and sterilization.

Smaller businesses are also held accountable under Pennsylvania’s employment discrimination laws in the workplace. This includes businesses with four or more employees.

Claims in Pennsylvania can be filed with one of two agencies: the state agency, the Pennsylvania Human Relations Commission (PHRC), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at one of two offices: Philadelphia (215) 440-2600 or TTY: (215) 440-2610; and Pittsburgh (412) 644-3444 or TTY: (412) 644-2720. The PHRC can be contacted at one of three offices:

• Harrisburg
  (717) 787-9784
  TTY: (717) 787-7279
  Counties Served: Adams, Bedford, Berks, Blair, Bradford, Cambria, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Pike, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming and York.
• Philadelphia
  (215) 560-2496
  TTY: (215) 560-3599
  Counties Served: Bucks, Chester, Delaware, Montgomery and Philadelphia.
• Pittsburgh
  (412) 565-5395
  TTY: (412) 565-5711
  Counties Served: Allegheny, Armstrong, Beaver, Butler, Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Potter, Venango, Warren, Washington and Westmoreland.

Claims through the PHRC must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the PHRC and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. In both state and federal cases, you must first file with the appropriate agency and receive a release from that agency. The EEOC will release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. If the release document from the PHRC gives a ‘no cause’ finding, you will not be allowed to pursuer the case in court. Lawsuits filed in Pennsylvania’s state court system have a 2 year time limit from the date that the PHRC dismisses your case.

The addition of discrimination based on GED acquired diplomas really gave me some respect for Pennsylvania’s employment discrimination in the workplace laws. Although I have seen a number of interesting laws throughout the united states, this has to be the law that has most impressed me.

Last 10 posts by Karen

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