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Find a Lawyer in PennsylvaniaAbout Civil Rights Law in Pennsylvania, United States
Civil rights law is designed to protect individuals from discrimination and to guarantee equal treatment under the law. In Pennsylvania, civil rights laws strive to ensure that all residents are treated fairly, regardless of their race, color, national origin, religion, sex, disability, age, or other protected characteristics. State and federal protections overlap in many aspects, safeguarding individuals in areas such as employment, housing, education, voting, and access to public services. The Pennsylvania Human Relations Act (PHRA) works in tandem with federal laws, such as the Civil Rights Act of 1964, to further establish these protections within the Commonwealth.
Why You May Need a Lawyer
There are various situations where seeking legal help for civil rights issues may be necessary. Some common reasons people consult a lawyer include:
- Experiencing discrimination at work, such as unfair treatment, wrongful termination, or harassment based on race, gender, religion, or disability.
- Facing discrimination in housing, for example, being refused a rental or mortgage based on a protected status.
- Encountering unequal treatment or exclusion in public spaces, such as restaurants, stores, or government buildings.
- Victims of hate crimes or harassment due to protected characteristics.
- Violations of First Amendment rights, including freedom of speech, assembly, or religion.
- Denial of reasonable accommodations for a disability at work, school, or in public areas.
- Experiencing police misconduct, excessive force, or other civil rights violations by law enforcement or officials.
- Issues related to voting rights, such as being unfairly barred from voting or facing discrimination at the polls.
- Retaliation for reporting illegal activity or discrimination, also known as whistleblower retaliation.
A knowledgeable civil rights attorney can help you understand your rights, evaluate your situation, navigate complex legal systems, and, if necessary, represent you in legal proceedings or negotiations.
Local Laws Overview
Pennsylvania civil rights law draws from both state and federal statutes. Key state laws include the Pennsylvania Human Relations Act (PHRA), which prohibits discrimination in employment, housing, public accommodations, and education based on race, color, religious creed, ancestry, age, sex, national origin, disability, and other characteristics.
Certain cities, such as Philadelphia and Pittsburgh, have enacted additional local ordinances providing further protections, including for LGBTQ+ individuals and veterans. Pennsylvania also enforces anti-hate crime statutes and provides avenues for reporting misconduct by government officials or law enforcement.
Pennsylvania has agencies like the Pennsylvania Human Relations Commission (PHRC) and the Office of Attorney General Civil Rights Enforcement Section that help enforce these laws. In many cases, you must first file a complaint with a state or local agency before pursuing a lawsuit in court.
Frequently Asked Questions
What are my main civil rights protections in Pennsylvania?
Civil rights protections in Pennsylvania exist at both the federal and state level, covering areas such as employment, housing, education, public accommodations, police conduct, and voting. Protected characteristics commonly include race, national origin, sex, religion, age, disability, and in some areas, sexual orientation and gender identity.
What is considered discrimination under Pennsylvania law?
Discrimination occurs when someone is treated unfairly or differently because of a protected characteristic, such as race, gender, disability, or religion, especially in contexts like employment, housing, or accessing services.
How do I file a discrimination complaint in Pennsylvania?
You can file a complaint with the Pennsylvania Human Relations Commission (PHRC) if you believe you have been discriminated against in employment, housing, or public accommodations. Some local municipalities have their own commissions as well.
How much time do I have to file a civil rights complaint?
Generally, you must file a complaint with the PHRC within 180 days of the incident. For federal cases, the time limit may vary depending on the specific law involved.
Can I pursue civil rights claims related to police misconduct?
Yes. If you believe your civil rights were violated by law enforcement, such as excessive force or wrongful arrest, you may file complaints with the police department, PHRC, or pursue a lawsuit under federal law (commonly known as a Section 1983 claim).
Am I protected from retaliation for reporting discrimination?
Yes. Both Pennsylvania and federal laws protect individuals from retaliation by employers, landlords, or others for asserting their civil rights or participating in investigations or lawsuits.
Are LGBTQ+ individuals protected from discrimination in Pennsylvania?
Some local ordinances and executive orders provide protections for LGBTQ+ individuals. Additionally, court decisions have expanded federal protections in employment and other sectors.
What remedies are available if my rights are violated?
Remedies can include back pay or lost wages, reinstatement, compensatory damages, punitive damages in some cases, and policy changes by employers or institutions.
Do I need a lawyer to file a civil rights complaint?
While you are not required to have a lawyer to file a complaint, a civil rights attorney can help ensure your complaint is properly prepared, increase your chances of success, and provide representation in court if needed.
What if my complaint is dismissed by the PHRC?
If your complaint is dismissed, you may have the right to appeal within the agency or file a lawsuit in court. Consult with a civil rights attorney as soon as possible to discuss your options.
Additional Resources
Individuals in Pennsylvania seeking support or more information on civil rights matters may find the following resources helpful:
- Pennsylvania Human Relations Commission (PHRC) - Handles discrimination complaints related to employment, housing, and public accommodations.
- Pennsylvania Office of Attorney General, Civil Rights Enforcement Section - Enforces civil rights laws and investigates violations.
- U.S. Equal Employment Opportunity Commission (EEOC) - Handles federal workplace discrimination complaints.
- Fair Housing Council of Suburban Philadelphia - Assists with housing discrimination issues.
- Disability Rights Pennsylvania - Provides advocacy and legal services for people with disabilities.
- Local civil rights advocacy groups such as the ACLU of Pennsylvania and community legal aid societies.
Next Steps
If you believe your civil rights have been violated in Pennsylvania, consider the following steps:
- Gather any documentation or evidence of the incident, such as emails, witnesses, photos, or official correspondence.
- Write down details of what happened, including dates, times, and who was involved.
- Consult with a qualified civil rights attorney to discuss your situation and get a professional opinion on your options.
- File a formal complaint with the relevant agency, such as the PHRC, EEOC, or local commissions, as soon as possible to stay within filing deadlines.
- Stay informed and involved in the process, keep records, and respond promptly to requests from agencies or legal representatives.
Taking immediate action is essential, as many civil rights claims have strict deadlines. Reaching out to a civil rights attorney or advocacy organization can provide clarity, support, and a clear path forward to enforce your rights under the law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.