How to Pursue a Discrimination Case Under Pennsylvania Employment Law

Pursuing a discrimination case under Pennsylvania employment law can be a complex process, but understanding your rights and the steps involved can empower you to take action. Pennsylvania has laws designed to protect employees from various forms of discrimination in the workplace, including but not limited to race, color, religion, sex, national origin, age, disability, and other protected characteristics.

Here’s a guide to help you navigate the process of pursuing a discrimination case in Pennsylvania:

1. Understand Your Rights

It’s crucial to familiarize yourself with federal and state anti-discrimination laws. The Pennsylvania Human Relations Act (PHRA) prohibits discrimination in employment based on several factors. Additionally, the federal Equal Employment Opportunity Commission (EEOC) enforces laws against workplace discrimination. Knowing your rights will enable you to identify whether you have a viable case.

2. Document Everything

One of the most important steps you can take is to keep detailed records of any incidents of discrimination. This includes dates, times, locations, and the names of witnesses if applicable. Document conversations, emails, or any communications related to discriminatory practices. This evidence will be invaluable in supporting your claims.

3. Notify Your Employer

Consider reporting the discrimination to your employer’s human resources department or a designated company official. Many employers have policies in place for handling discrimination complaints. Provide a clear account of your experience, and be sure to keep a record of this communication.

4. File a Complaint with the Appropriate Agency

If the issue is not resolved internally, you can file a formal complaint. In Pennsylvania, you can file with the Pennsylvania Human Relations Commission (PHRC) or the EEOC. The complaint must typically be filed within 180 days of the discriminatory act under EEOC guidelines, or within 300 days under PHRA guidelines. Make sure to adhere to these timelines.

5. Participate in Mediation or Investigation

After filing a complaint, a mediation process may take place, where both parties can discuss the issue with the assistance of a mediator. If mediation does not resolve the matter, an investigation will follow. The agency will gather evidence and may conduct interviews to determine whether there is a reasonable cause to believe discrimination occurred.

6. Receive a Right to Sue Letter

Once the investigation is complete, you will receive a "right to sue" letter from the EEOC or PHRC. This letter formally allows you to pursue your case in court. Ensure that you understand the implications of this letter, as it sets the timeline for filing your lawsuit. You typically have 90 days from receiving this letter to file a lawsuit in court.

7. Seek Legal Representation

Discrimination cases can be complicated, so it’s wise to seek assistance from an experienced employment attorney. A qualified attorney can help you understand the legal processes, build your case, and represent you effectively in court or during negotiations.

8. Prepare for Court

If your case proceeds to court, preparation is key. Work closely with your attorney to gather evidence, prepare witness testimony, and develop your overall case strategy. Be ready to present your side effectively and respond to challenges from the opposing party.

9. Know Your Options

Throughout the process, remain aware of your options. It’s crucial to evaluate settlement possibilities versus pursuing litigation. Your attorney can guide you in making informed decisions based on the circumstances of your case.

Pursuing a discrimination case under Pennsylvania employment law requires diligence and knowledge of your rights. By following these steps and seeking the right legal support, you can navigate this challenging process and take the necessary actions to seek justice.