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.
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