Legal Steps for Handling Discrimination Claims in Pennsylvania Workplaces

Discrimination in the workplace is a serious issue that can affect employees' well-being and career growth. In Pennsylvania, understanding the legal steps to handle discrimination claims is crucial for both employees and employers. This guide outlines the essential actions to take if you find yourself facing workplace discrimination.

1. Recognize Discrimination

The first step in handling a discrimination claim is recognizing the type of discrimination you may be experiencing. Pennsylvania law protects employees from discrimination based on various factors, including race, color, national origin, sex, disability, age, and religion. Familiarize yourself with these categories to identify if your situation qualifies for a claim.

2. Document Everything

Once you recognize potential discrimination, it’s vital to document all incidents related to your claim. Keep a detailed record of dates, times, locations, people involved, and exact details of the discriminatory actions or remarks. Documentation can include emails, text messages, and notes from conversations. This evidence will be crucial for any formal complaint or legal action.

3. Review Company Policies

Every workplace should have a discrimination policy in place. Review your employer's policies to understand the procedures for filing a complaint. This information can often be found in the employee handbook or on the company’s intranet. Understanding these policies can help you navigate the internal complaint process more effectively.

4. Internal Reporting

Before escalating the issue, consider reporting the discrimination internally. Reach out to your supervisor, human resources (HR), or any designated officer in your company responsible for handling discrimination claims. Present your case clearly and calmly, outlining the discriminatory behavior and providing your documented evidence. Many companies strive to resolve issues internally and may take corrective measures without legal action.

5. File a Complaint with the Philadelphia Commission on Human Relations (PCHR)

If internal reporting doesn’t resolve the issue, you can file a complaint with the PCHR or the Pennsylvania Human Relations Commission (PHRC). The time limits for filing vary, so it is crucial to act quickly. You typically have up to 180 days from the date of the discriminatory act to file a complaint. Provide all your documentation and specify the exact nature of your claim.

6. Engage Legal Assistance

Considering legal representation can be a beneficial step in handling discrimination claims. An attorney specializing in employment law can guide you through the process, assess your case, and represent you in discussions with your employer or during the complaint process. They can help you understand your rights and ensure you receive the compensation you deserve.

7. Investigations and Outcomes

Once a complaint is filed, an investigation will be initiated by the relevant commission. This may involve interviews, gathering evidence, and reviewing documents. The outcome will vary; the commission may dismiss the case or find substantial evidence of discrimination. If the latter occurs, they may facilitate a settlement or recommend actions to the employer.

8. Consider Filing a Lawsuit

If you are not satisfied with the outcome of the investigation or believe your rights have been violated, you have the option to pursue legal action. Your attorney can help you file a lawsuit in civil court to seek damages for the discrimination you endured.

9. Remain Professional

Throughout the entire process, it’s essential to remain professional. Avoid retaliation, and continue to perform your job duties to the best of your ability. This not only preserves your reputation but also helps demonstrate your professionalism if the matter escalates to legal action.

Conclusion

Handling discrimination claims in Pennsylvania requires understanding your rights and adhering to a clear process. By recognizing discrimination, documenting events, utilizing internal resources, and pursuing formal complaints, you can navigate this challenging situation effectively. Remember that seeking legal advice can provide you with the necessary support to pursue your claim and advocate for your rights.