This section of PALawHelp.org has information and resources about Employment Discrimination issues in Pennsylvania.
A Guide to Employment Discrimination
EMPLOYMENT DISCRIMINATION occurs when a current or former employer has taken an adverse employment action against you based on race, color, national origin, gender (including sexual harassment), religion, age (if over 40), disability, or sexual orientation (city of Pittsburgh only). An adverse employment action could be termination, demotion, not getting a promotion, getting a decrease in pay, etc.
DISTINCTION:
Employment At-Will vs. Termination Because of Discrimination
If there is no employment discrimination, an employee can be terminated for any reason or no reason at all. This includes termination for a bad attitude, the color shirt someone is wearing, not getting along with co-workers or a supervisor, or even if it is raining outside.
By the same token, an employee can quit at any time for any or no reason at all. An employee is not required to give two weeks notice prior to quitting. Employment at-will is still the rule in Pennsylvania. An employee can only file a lawsuit for wrongful termination if it was for a discriminatory reason.
Filing a Claim for Employment Discrimination
Step One:
Before you may file a lawsuit against your employer in court, you must first file a complaint of discrimination with either the Equal Employment Opportunity Commission or Pennsylvania Human Relations Commission. You must file the complaint with either agency within 180 days of the adverse employment action. If the agency with which you file believes your complaint would be better handled with the other agency, it will cross-file your complaint with the other agency.
Step Two:
Once you file a complaint of discrimination, the agency will assign an investigator to the claim. You and the employer will be asked to complete questionnaires, and the investigator may follow-up with phone calls or meetings to gather more information about the complaint.
The agency has the authority to mediate between you and the employer. If the agency cannot facilitate an agreement, then it will decide whether to file a lawsuit in court against the employer on your behalf.
Step Three:
If the agency decides to file a claim on your behalf, it will file a lawsuit against the employer. The agency will work with you during the legal proceedings.
If the agency decides not to file a lawsuit against the employer on your behalf, the agency will send you a "right-to-sue" letter. This letter gives you the authority to file a claim in federal or state court.
Continue Reading Full Resource . . .
Click on a resource category listed below to see information related to that category.
Americans with Disabilities Act
Information from the Erie County Bar Association on your rights under the Americans with Disabilities Act. (February 2019)
Employment Discrimination
Employment discrimination is when a company treats an employee differently than other employees because of his or her race, color, age, sex, pregnancy, ancestry, religion, disability, national origin, retaliation, or sexual orientation. Information from Neighborhood Legal Services Association on discrimination in the workplace.
Know Your Employment Rights in Philadelphia!
Information from Community Legal Services of Philadelphia on employment rights including wages, unemployment compensation, family and medical leave, discrimination, workplace injuries, and unions. (January 2014)
Pennsylvania Human Relations Commission Website
The Pennsylvania Human Relations Commission (PHRC) enforces state laws that prohibit discrimination. In general, Pennsylvania law prohibits discrimination based on race; color; religious creed; ancestry; age (40 and over); sex; national origin; familial status (only in housing); disability; the use, handling, or training of support or guide animals for disability; or retaliation. The PHRC can help you file discrimination complaints in education, employment, housing & commercial property, and public accommodation. Foreign language versions of the website are available using the "Translate" button link on the English page.
Sexual Harassment Protections in Pennsylvania
Experiencing workplace sexual harassment — whether it is verbal or physical — is never your fault. You have options. You do not have to go through this alone. This guide brings together information and resources on how to identify and report workplace harassment.
Workers with Disabilities
Information from Neighborhood Legal Services Association about the protections of the Americans with Disabilities Act for workers with disabilities
Filing a Charge of Employment Discrimination - Equal Employment Opportunity Commission
f you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action. This page offers a description of the process to be followed to file a charge of employment discrimination with the U.S. Equal Employment Opportunity Commission.
Pennsylvania Human Relations Commission Website
The Pennsylvania Human Relations Commission (PHRC) enforces state laws that prohibit discrimination. In general, Pennsylvania law prohibits discrimination based on race; color; religious creed; ancestry; age (40 and over); sex; national origin; familial status (only in housing); disability; the use, handling, or training of support or guide animals for disability; or retaliation. The PHRC can help you file discrimination complaints in education, employment, housing & commercial property, and public accommodation. Foreign language versions of the website are available using the "Translate" button link on the English page.
Federal Court Finder
Find a federal court location by location or court name, including appellate, district, bankruptcy, probation and pretrial office, or federal defender organization. Each District Court has its own local forms which are generally available on the Court website.
Filing a Charge of Employment Discrimination - Equal Employment Opportunity Commission
f you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action. This page offers a description of the process to be followed to file a charge of employment discrimination with the U.S. Equal Employment Opportunity Commission.
Pennsylvania Human Relations Commission Website
The Pennsylvania Human Relations Commission (PHRC) enforces state laws that prohibit discrimination. In general, Pennsylvania law prohibits discrimination based on race; color; religious creed; ancestry; age (40 and over); sex; national origin; familial status (only in housing); disability; the use, handling, or training of support or guide animals for disability; or retaliation. The PHRC can help you file discrimination complaints in education, employment, housing & commercial property, and public accommodation. Foreign language versions of the website are available using the "Translate" button link on the English page.
A Guide to Employment Discrimination
Information from the Pennsylvania Legal Aid Network on your legal rights when you find yourself being discriminated against based on race, color, national origin, gender (including sexual harassment), religion, age (if over 40), disability, or sexual orientation. (August 2008)
Employment Discrimination
Employment discrimination is when a company treats an employee differently than other employees because of his or her race, color, age, sex, pregnancy, ancestry, religion, disability, national origin, retaliation, or sexual orientation. Information from Neighborhood Legal Services Association on discrimination in the workplace.
Know Your Employment Rights in Philadelphia!
Information from Community Legal Services of Philadelphia on employment rights including wages, unemployment compensation, family and medical leave, discrimination, workplace injuries, and unions. (January 2014)
Workers with Disabilities
Information from Neighborhood Legal Services Association about the protections of the Americans with Disabilities Act for workers with disabilities
Americans with Disabilities Act
Information from the Erie County Bar Association on your rights under the Americans with Disabilities Act. (February 2019)
Discrimination
Information from the Erie County Bar Association on discrimination in employment and housing from the Erie County Bar Association. (February 2019)
Sexual Harassment
Information from the Erie County Bar Association on sexual harassment in the workplace.
A Guide for People with Disabilities Seeking Employment
If you are seeking a job or are new to the workforce, you should become familiar with the Americans with Disabilities Act of 1990 (ADA), a federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society. One fundamental principle of the ADA is that individuals with disabilities who want to work and are qualified to work must have an equal opportunity to work. This brochure from the U.S. Department of Justice answers questions you may have about your employment rights under the ADA. (February 25, 2020)
EEOC Publications
Listing of publications from the U.S. Equal Employment Opportunity Commission on a variety of subjects relating to equal employment opportunity and employment discrimination.
Federal Laws Prohibiting Job Discrimination - Questions And Answers
Information from the U.S. Equal Employment Opportunity Commission on the federal laws covering job discrimination and what discriminatory practices are prohibited by these laws.
Filing a Charge of Employment Discrimination - Equal Employment Opportunity Commission
f you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action. This page offers a description of the process to be followed to file a charge of employment discrimination with the U.S. Equal Employment Opportunity Commission.
Pennsylvania Human Relations Commission Website
The Pennsylvania Human Relations Commission (PHRC) enforces state laws that prohibit discrimination. In general, Pennsylvania law prohibits discrimination based on race; color; religious creed; ancestry; age (40 and over); sex; national origin; familial status (only in housing); disability; the use, handling, or training of support or guide animals for disability; or retaliation. The PHRC can help you file discrimination complaints in education, employment, housing & commercial property, and public accommodation. Foreign language versions of the website are available using the "Translate" button link on the English page.
Questions and Answers About Race and Color Discrimination in Employment
These questions and answers are adapted from the U.S. Equal Employment Opportunity Commission's Compliance Manual Section on Race and Color Discrimination. For more detailed information about race and color discrimination, you may review the Race and Color Section on the EEOC's website or call 1-800-669-3362 to request a free copy of the Race and Color Section of the web site.
Race and Color Discrimination - EEOC Compliance Manual
This Manual Section from the U.S. Equal Employment Opportunity Commission Compliance Manual provides guidance on analyzing charges of race and color discrimination under Title VII of the Civil Rights Act of 1964.
Sexual Harassment Protections in Pennsylvania
Experiencing workplace sexual harassment — whether it is verbal or physical — is never your fault. You have options. You do not have to go through this alone. This guide brings together information and resources on how to identify and report workplace harassment.
Understanding Your Employment Rights Under the Americans with Disabilities Act (ADA): A Guide for Veterans
This guide from the U.S. Equal Employment Opportunity Commission is intended to answer questions you may have about your rights as an injured veteran, now that you have left the service and are returning to a civilian job or seeking a new job. It also explains the kinds of adjustments (called reasonable accommodations) that may help you be successful in the workplace.
U.S. Equal Employment Opportunity Commission Website
The U.S. Equal Employment Opportunity Commission was established by Title VII of the Civil Rights Act of 1964 and began operating on July 2, 1965. The EEOC enforces various federal statutes relating to discrimination.
Combating Employment Discrimination Through the Americans with Disabilities Act (PDF)
Information from Disability Rights Pennsylvania on the provisions of the Americans with Disabilities Act regarding employment discrimination. [PDF] (February 2018)
Employment Publications from the Disability Rights Pennsylvania
Publications about disability and employment from the Disability Rights Pennsylvania.
Reasonable Accommodations in Employment (PDF)
The Fact Sheet from Disability Rights Pennsylvania addresses the duty of employers to provide reasonable accommodations to persons with disabilities under the Americans with Disabilities Act. [PDF] (February 2018)