labor lawAdivision of labor law center

According to a lawsuit filed by the EEOC, employees at AK Steel Corporation endured a widespread racist and threatening displays for years. These included racial slurs and epithets, open displays of Ku Klux Klan videos in the employee break area and the display of nooses and swastikas in work areas open to African-American employees. Employees also circulated literature of the Populist Party, headed by candidate David Duke, a KKK leader.

Some of the graffiti included threats, including a message to “kill” blacks and insulting threats. There was also Nazi graffiti, including statements such as “I love Adolf.”

The racially-charged climate was so pervasive that the EEOC said AK Steel managers had independent knowledge of the events, aside from any complaints.

AK Steel is a Fortune 500 company based in Middletown, Ohio that produces carbon steel and stainless steel products. The company had nearly $6 billion in sales last year and has major plants and offices in Ohio, Indiana, Kentucky and Pennsylvania.

The $600,000 goes to 7 AK Steel employees, plus the estate of Gerald Patterson. Patterson originally filed the suit, but died before it was settled. In addition, all AK Steele employees will receive annual training to recognize and prevent discrimination based on race.

Gerald Patterson was hired by AK Steel in 1999, and filed the suit in 2003. Patterson was one of only about 20 black employees out of 1,950 at the Butler plant.

 “The racial harassment alleged in this case, including the use of derogatory ethnic terms, nooses displayed in the work environment and disciplining those who complained of race discrimination, represents some of the most severe misconduct this office has seen,” said EEOC Attorney Jacqueline McNair. “Through the consent decree resolving this case, EEOC will monitor AK Steel’s treatment of employees to ensure a workplace environment free of harassment and race discrimination. Further, we believe the sizable monetary relief and the proposed training of employees on anti-discrimination policies may serve as a deterrent to future acts of blatant racism.”

The company denies any wrongdoing and says they are settling the case merely to avoid a protracted and expensive lawsuit against the federal government.

Shortly after Patterson filed the suit, AK Steel announced the departure of Richard Wardrop, Jr., the company’s former Chairman and CEO. Wardrop’s severance package was up to $51.7 million, according to an SEC filing. In addition, President John Hritz received a severance package of $ 11 million.

The company also reported that 475 workers had been laid off, including 200 in Butler.

Under Title VII of the Civil Rights Act of 1964, it is illegal to deny any person employment due to race, color, sex, religion or national origin. That includes providing a work environment free from illegal harassment and different treatment based on race. In addition, Title VII recognizes that a company that creates an intolerable environment essentially forces the employee to resign. The law also makes it illegal to retaliate against someone because he or she has made a complaint of illegal discrimination.

While the allegations of discrimination at AK Steel are unusually severe, they are not the only company recently accused of discrimination based on race.

In January, major retailer Target Corp. paid $775,000 for racial harassment to settle a suit. The suit alleged that Target Violated Title VII of the Civil Rights Act of 1964 by creating a racially hostile work environment at the Springfield, Pennsylvania Target store.

Target operates more than 1,500 stores in 47 states. As part of the settlement, Target agreed to train employees at the Springfield store.

In the suit, the EEOC said that Michael Hill was an apprentice in training to become a store manager. He was subjected to racial harassment by a white store manager. When Hill complained, he was retaliated against, leaving him no choice but to resign. 

“We are pleased that the parties could reach an amicable resolution of this matter,” said EEOC Regional Attorney Jacqueline McNair. “We expect the proposed training and emphasis on anti-discrimination policies to create a more employee-friendly work environment at Target’s facility.”

All of the companies mentioned in this article deny any wrongdoing.

While some states defer to federal civil rights law, Pennsylvania sexual discrimination law in the workplace is outlined by the Pennsylvania Human Relations Act.  This act makes sexual discrimination in the workplace illegal.

Under this Act, an “employer” is anyone who employs four or people and includes the State of Pennsylvania and school districts.  It excludes religious, fraternal or charitable associations unless they are funded (even in part) by the government.  This differs from the federal laws because Title VII applies only to those employers who have fifteen or more employees.  “Employees,” according to the State of Pennsylvania, are those who are employed by employers as defined above except for those in domestic or agricultural service, those who live at the employer’s residence as part of the employment and those who are employed by their parent, spouse or child. 

According to the law, employers cannot make decisions in terms of a person’s hiring, firing, promoting or determining job terms, privileges or compensations on the basis of sex.

Pennsylvania employees who want to file a complaint against their employers can do so within 180 days of the alleged discriminatory act by contacting the Pennsylvania Human Relations Commission. 

After you file your complaint, an investigator will begin collecting information relevant to your case and then will use that information to decide whether or not there is reasonable cause to believe that your rights have been violated.

If the investigator finds reasonable cause, you and your employer will enter a settlement phase.  If you are unable to negotiate a settlement, the Commission will take your case to a public hearing.

If, instead of going through the Pennsylvania Human Relations Commission, you want to go through the state or federal courts, you will first need to file a request with the EEOC or the Commission for a “Right to Sue” letter. 

No matter which course of action you choose, it’s important that you know your rights and responsibilities.  Your employer should have a Pennsylvania Complete Labor Law Poster available in the workplace.

While researching the Pennsylvania state discrimination posters I found that Pennsylvania is the same as most of the other states in the U.S. Under Pennsylvania and federal law, employers who are subject to follow the anti-discrimination laws must post Pennsylvania state discrimination posters in the workplace. These posters contain valuable information about how employees can and can’t be treated while at work. They also contain information about the type of discrimination that isn’t allowed in the workplace.

Workers in Pennsylvania can’t be discriminated against because of their race, religion, ancestry, color, age (if forty or over), sex, ancestry, national origin, a disability not related to the job, association with a disabled person, willingness or refusal to have an abortion or become sterile, and possession of a diploma from passing a GED test. A qualified person can’t be denied a job or a promotion; he/she can’t be fired, demoted, or treated unfairly in any other way because of one of the above reasons.

The Pennsylvania state discrimination posters also explain what a person should do if he/she falls victim to discrimination. The alleged victim should file a complaint with the Commonwealth of Pennsylvania Human Relations Commission. This complaint must be filed within one hundred and eighty days from the time of the last incident of discrimination. It can be filed with one of the Commission’s regional offices in Philadelphia, Pittsburgh, or Harrisburg.

Most workplaces in Pennsylvania are required to post the Pennsylvania state discrimination posters. These posters must be placed in an area that has plenty of lighting and where employees are known to frequent. The Pennsylvania state discrimination posters can’t be removed, defaced, covered-up, or destroyed in any way. It is against the law for a person to perform any of these actions. It’s also against the law for an employer to fail to display the Pennsylvania discrimination posters in an appropriate area.

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.

This large, eastern state relies on the parallel laws of state code and federal law, including the Age Discrimination in Employment Act (ADEA) passed by the U.S. Congress. Under the umbrella of the Pennsylvania Human Relations Division, employers are prohibited from discrimination based on a number of things to include age, religion, gender, and more.

Now, if you are a 40-year-old worker, you are covered under both state and federal law from being hired, discharged or having benefits changed based on your age. The Pennsylvania Human Rights Act applies to companies that have four or more employees, while, generally, federal law covers those with 20 or more workers.

In 2005, a Pennsylvania court reversed a previous decision involving the federal Equal Employment Opportunity Commission (EEOC) and retirement benefits. Legal observers have noted that the court allowed EEOC rules to exempt employers from age discrimination violations pertaining to retiree benefits and Medicare. The change apparently came after new statements from the U.S. Supreme Court on the issue of the EEOC and its interpretation of the federal ADEA law.

It seems the American Association of Retired Persons (AARP) has also been involved in this issue, with a 2000 case involving retirees and medical benefits. In this situation, EEOC reportedly inserted language in a manual that allowed employers to have early retiree medical coverage that might terminate at age 65 or with Medicare eligibility. Another case that might affect you as an older worker is the Barnett v. Ameren Corp. case from a few years ago that looks at health care costs for employers and whether health benefits and plans can be modified or ended by the company at any time.

One interesting activity involving age discrimination is not directly connected to employment but charges the State of Pennsylvania itself with age discrimination, ironic considering that the state enforces its own laws on discrimination. A private group of citizens has stated that Pennsylvania is causing difficulty for older firearms owners who are required to give character references when applying for a gun license. What I found was the group says the difficulty comes when older people don’t have many references because the individual who might vouch for an older citizen has passed away.