How to File a Complaint About Workplace Discrimination in Pennsylvania

Are you being harassed at work? Have you been passed over for promotions even though you check every box? You might be a victim of discrimination. Before you can file a lawsuit against your employer, you must first file a complaint about workplace discrimination in Pennsylvania.

How to Tell If You’ve Experienced Workplace Discrimination

What qualifies as workplace discrimination in Pennsylvania? If you’re treated differently based on your race, age if over 40, religion, disability status, sex, use of a GED over a high school diploma, national origin, color or use of a service animal, you may be affected.

The Pennsylvania Human Relations Commission established that discrimination based on sex counts as LGBTQ+ discrimination, meaning your sexual orientation and gender identity are legally protected. The United States Supreme Court also prohibited this kind of discrimination.

Sometimes, discrimination is blatant — you’re denied a reasonable workplace accommodation or your manager is proudly prejudiced. However, it can be more subtle. You are passed over for promotions, excluded from work events, harassed for your background or paid less than colleagues in similar positions. You may even be demoted, fired or have your pay docked.

In essence, if an employer ever makes staffing, pay or promotion decisions based on factors other than job performance and qualifications, they may be discriminating against you. If you feel you’re being unfairly targeted, you should file a complaint.

You need to move fast. You have up to 180 days from the date the discrimination took place to file a complaint. If a state or local agency enforces the same laws as the Equal Employment Opportunity Commission (EEOC), you have 300 days. The rules differ slightly for age discrimination. The deadline is only extended if a state authority enforces a state law, not a local law.

Initial Steps to Take Before Filing a Discrimination Complaint

You need evidence to file a complaint about workplace discrimination in Pennsylvania. The EEOC or the Pennsylvania Human Relations Commission (PHRC) need proof of inequity to investigate your case properly.

Since Pennsylvania is an at-will employment state, your boss can fire you for any reason — even for something arbitrary like disliking the color of your shoes — or no reason at all. You can only file a lawsuit for workplace discrimination or wrongful termination if you can prove those actions were discriminatory.

Anything can be proof, including performance reviews, emails, company policies, texts, payroll slips, a copy of your request for accommodation and pictures. Keep a detailed log of each event, tracking the date, time, individuals involved, location and witnesses.

Be careful with recording calls. Pennsylvania is an all-party consent state, meaning it’s a crime to record audio of what people expect to be a private conversation. You’ll be guilty of a third-degree felony if you record conversations or phone calls without other people’s consent.

How Do You File a Complaint About Workplace Discrimination in Pennsylvania?

Follow these steps to file a workplace discrimination complaint in Pennsylvania.

1.    Contact the EEOC or PHRC

You can file a claim with the EEOC or PHRC. The first is a federal agency that enforces federal workplace discrimination laws, while the second is a state agency that enforces the Pennsylvania Human Relations Act. This act applies to employers with at least four employees, whereas federal law generally only applies to those with 15 or more.

Since these authorities have a work-sharing agreement, they cooperate to process claims. If you tell one you want to cross-file with the other, you don’t have to file a complaint with both. For the EEOC, you submit an online inquiry, sit through an interview and complete a Charge of Discrimination through the agency’s public portal.

The PHRC’s process differs slightly. You can email the agency or visit one of the regional offices in person. There is one in Harrisburg, Philadelphia and Pittsburgh. All of them are open from 9 a.m. to 4 p.m. Monday through Friday, with walk-ins welcome.

2.    Work With the Investigator

After the first step, the agency will assign an investigator to your complaint. You and your employer will have to complete questionnaires. You may be asked to attend meetings or get on calls to provide clarifying information, with the investigator acting as the mediator. Have your evidence and witnesses ready. Answer honestly, even if you think it’ll weaken your case.

If the EEOC finds discrimination occurred, it sends a Letter of Determination asking you and your employer to settle through conciliation — an informal, confidential process. It’s voluntary, so the agency can’t force either party to accept a specific resolution. If it can’t facilitate an agreement, it’ll decide whether to file a lawsuit in court against your employer on your behalf.

3.    Act on the Inquiry’s Results

The agency will move to dismiss the complaint if it lacks jurisdiction or doesn’t find probable cause. If it believes discrimination occurred, it’ll move to correct the illegal action and its effects. The voluntary settlement may fail. In this case, it may take the matter to court.

If it files a lawsuit, it’ll work with you during legal proceedings. However, the EEOC rarely files lawsuits on behalf of employees. Since it has limited resources, it can’t pursue every case, even if it finds evidence of discrimination. This may sound disheartening, but don’t give up hope.

Even if it doesn’t file a lawsuit on your behalf, you can still get justice. You will receive a Right to Sue letter that gives you the authority to file a claim in state or federal court. Once you find an employment law attorney, you can proceed.

The Importance of Working With Employment Law Attorneys

If you work with the EEOC, you may be awarded compensatory damages, meaning your employer compensates you financially. However, there are limits on how much you can receive. You can only get up to $50,000 if you work for an employer with 100 or fewer workers. Additionally, depending on the case, you may not receive any compensation.

An EEOC investigation can take months or years, depending on the scope and the agency’s current backlog. If you’d rather file a lawsuit than wait, you can. You have the right to request a Right to Sue letter. The rules are slightly different if you are filing a lawsuit under the Equal Pay Act. These minor differences underscore the importance of legal help.

You can do this by logging into your charge account and uploading your request. It concludes the investigation and enables you to proceed with legal proceedings. Once you receive it, be prepared — you must file the lawsuit within 90 days or potentially forfeit your right to sue.

If you have grounds to pursue a workplace discrimination claim, you’ll want to work with an attorney. It’s critical you involve one as soon as possible — even before filing a charge with the EEOC or PHRC. They can easily navigate the intricacies of local, state and federal law to help you gather pertinent evidence and build an ironclad case.

Work With Weisberg Cummings P.C. to Develop a Defense

Since Weisberg Cummings P.C. operates in the Harrisburg area and other locations throughout Pennsylvania, it has a deep knowledge of local and state laws. Unlike big, national law firms, it takes a personalized, boutique approach to every case. The team takes the time to get to know your situation and actively involves you in the creation of your legal strategy.

The attorneys at this licensed Pennsylvania law firm provide skilled representation in various legal matters, including employment law. They have extensive experience with workplace discrimination cases in particular, with over 40 years of combined experience. They’ve settled over 1,150 cases, helping clients win over $55.9 million in settlements and judgments.

Most of the attorneys are certified public accountants, providing them with additional insight into your financial issues and needs. They will work tirelessly and diligently to get you the resolution you deserve, as they have with every single past client.

If you believe you’ve been mistreated at work based on your race, religion, national origin, sex, age or disability status, you should contact the employment law attorneys at Weisberg Cummings immediately. The sooner you reach out, the faster you can build a bulletproof case against your employer.

These professionals can also help you navigate retaliation claims. In Pennsylvania, the very act of filing a complaint about workplace discrimination is protected. If your employer takes action against you or your witnesses for your complaint, you may have a case for further legal action.

Moving Forward With Your Workplace Discrimination Case

Knowing how to file a complaint about workplace discrimination in Pennsylvania is only the first step. You still need to navigate the complexities of the investigation, conciliation and litigation. Local, state and federal laws are complex. Even if you spend hours poring over policies and acts, you may not be able to understand legal jargon.

There’s no reason to do this alone. An experienced employment law attorney can guide you through the process by providing insightful advice and helping you build your defense. Since you’re filing in Pennsylvania, you want to work with someone familiar with state law.

Devin Partida writes about investor technologies, big data and apps. She is also the Editor-in-Chief of ReHack.com.