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State Law: Pennsylvania
The LawThe Pennsylvania Human Relations Act, found in 43 P.S. Section 951, et seq., makes it illegal for an employer or labor organization to discriminate against someone on the basis of sex. An "employee" under the Pennsylvania Human Rights Act does not include, "(1) any individual employed in agriculture or in the domestic service of any person, (2) any individuals who, as a part of their employment, reside in the personal residence of the employer, (3) any individual employed by said individual’s parents, spouse or child." In Pennsylvania, an "employer" means, "the Commonwealth or any political subdivision or board, department, commission or school district thereof and any person employing four or more persons within the Commonwealth, but except as hereinafter provided, does not include religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations. The term ‘employer’ with respect to discriminatory practices based on race, color, age, sex, national origin or non-job related handicap or disability, includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons within the Commonwealth." Thus, the Pennsylvania statute against discrimination in the workplace applies to all employers with four or more employees, while Title VII only applies to employers with 15+ employees. The Human Relations Act specifically covers employment discrimination on the basis of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals. Filing A ComplaintThe Pennsylvania Human Relations Commission investigates complaints filed with it free of charge. Complaints under state law must be filed within 180 days of the date you became aware you were being discriminated against or the date of the alleged illegal act. The Commission may accept complaints after 180 days if you can convince the Commission that there was a "very good reason" why it was not your fault that the complaint was not filed earlier. You may file a complaint with the Commission by visiting a regional office, calling, or writing to one of the three regional offices. The regional offices are located in Pittsburgh, Harrisburg, and Philadelphia. Please see the Commission’s website to find out which regional office you should contact. You can reach the Commission’s Central office at (717) 787-4410. n investigator will be assigned to your case, who will act as a neutral decision-maker to determine whether there is reasonable cause to believe you have been discriminated against and your rights violated. If probable cause is found, you and your employer may be asked to attempt to negotiate a settlement through a conciliation process. If settlement negotiations fail, a public hearing will be held. If your case goes to public hearing, you will not have to incur any legal expenses or other costs, as you would have to pay in a court case, unless you hire your own private attorney. You can review some of the Human Rights Referee Decisions on the Commission’s website. You may decide to go through the federal or state court process instead of the Commission’s investigative process. You must first file with the EEOC or Pennsylvania Commission and request a Notice of Right to Sue letter in order to file in court. The attorney you hire will explain this process to you. Many Pennsylvania attorneys choose to file employment discrimination cases in federal court. However, most cases may be brought in either state or federal court. State law does not allow punitive damages, which are recoverable under federal law. For more information and a more detailed explanation of the complaint process, please visit the Pennsylvania Human Relations Commission website.
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