Best Discrimination Lawyers in Pennsylvania

About Discrimination Law in Pennsylvania, United States

Discrimination law in Pennsylvania protects individuals from unfair or unjust treatment based on specific personal characteristics. These laws apply to various areas of daily life, primarily in employment, housing, and public accommodations. Discrimination means treating someone less favorably because of their race, color, sex, age, religion, national origin, disability, familial status, pregnancy, sexual orientation, or gender identity or expression. Both federal and state laws prohibit such actions, with Pennsylvania offering some protections beyond federal standards. Understanding your rights and responsibilities is an important first step toward addressing or preventing discrimination.

Why You May Need a Lawyer

Legal situations involving discrimination are often complex and emotionally challenging. You may need a lawyer if you encounter any of the following:

• You believe you were unfairly fired, demoted, or not hired for a job due to a protected characteristic.
• You have been harassed at work or in housing, and your complaints have not been addressed.
• You were denied housing or reasonable accommodations because of your race, disability, family status, or other protected category.
• You were denied service or treated unfairly in a public place due to a protected characteristic.
• You want to file a complaint with a state or federal agency but are not sure how to start.
• You have been retaliated against for reporting discrimination or supporting another individual's complaint.

A lawyer can help you understand your rights, gather evidence, navigate complaint processes, negotiate settlements, or represent you in court if necessary.

Local Laws Overview

Pennsylvania has both state and local laws that address discrimination. The main state law is the Pennsylvania Human Relations Act (PHRA), which prohibits discrimination in employment, housing, commercial property, education, and public accommodations. The PHRA covers many types of discrimination, including those based on race, color, religious creed, ancestry, age, sex, national origin, disability, use of a guide or support animal due to blindness or deafness, and relationship or association with an individual with a disability.

Some local municipalities and counties in Pennsylvania have enacted their own ordinances to further protect residents, including explicit protections for sexual orientation and gender identity, which are now recognized statewide as well through recent interpretations. The Pennsylvania Human Relations Commission (PHRC) is the main agency that enforces these laws, accepting and investigating complaints. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Fair Housing Act also apply and are enforced through agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD).

Frequently Asked Questions

What is considered discrimination under Pennsylvania law?

Discrimination means being treated unjustly or unequally because of a protected characteristic such as race, color, age, sex, religion, national origin, disability, familial status, sexual orientation, or gender identity. This can occur in employment, housing, or when accessing public accommodations.

Does Pennsylvania protect against discrimination based on sexual orientation or gender identity?

Yes, both state and certain local laws provide protection against discrimination based on sexual orientation and gender identity or expression. The Pennsylvania Human Relations Commission also investigates complaints involving these protections.

How do I file a discrimination complaint in Pennsylvania?

You can file a complaint with the Pennsylvania Human Relations Commission (PHRC) or with federal agencies like the Equal Employment Opportunity Commission (EEOC) or the Department of Housing and Urban Development (HUD), depending on the type of discrimination. There are time limits for filing, so it is best to file as soon as possible.

What should I do if I am being discriminated against at work?

Document the incidents, report the behavior according to your employer's procedures, and consider consulting a lawyer. You may also file a complaint with the PHRC or EEOC.

Can my employer retaliate if I make a complaint?

No, it is illegal for your employer to retaliate against you for filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices.

Are there time limits for filing discrimination claims?

Yes, you generally have 180 days from the date of the alleged discrimination to file a claim with the PHRC, though this period may be extended in certain situations or with federal agencies.

Is harassment considered discrimination?

Yes, if harassment is based on a protected characteristic and creates a hostile or offensive environment, it is considered a form of discrimination under the law.

What remedies are available if discrimination is proven?

Remedies may include reinstatement to a job, back pay, compensatory damages, policy changes, reasonable accommodations, or orders to stop the discriminatory behavior.

Does Pennsylvania law cover independent contractors?

Some protections may apply, but most discrimination laws primarily cover employees, not independent contractors. Consult a lawyer to review the specifics of your situation.

What if the discrimination happens in a public place or when trying to get services?

Discrimination in public accommodations such as restaurants, hotels, or stores is prohibited, and complaints can be filed with the PHRC or local human relations commissions.

Additional Resources

For more information or support regarding discrimination in Pennsylvania, consider reaching out to these organizations and resources:

• Pennsylvania Human Relations Commission (PHRC) - Main state agency for discrimination complaints and education.
• Equal Employment Opportunity Commission (EEOC) - Federal agency handling workplace discrimination nationally.
• U.S. Department of Housing and Urban Development (HUD) - Handles housing discrimination complaints.
• Local human relations commissions - Available in some cities and counties for additional support and enforcement.
• Legal Aid of Southeastern Pennsylvania and Community Legal Services - Provide free or low-cost legal help for eligible individuals.
• Pennsylvania Bar Association Lawyer Referral Service - Assists in finding private attorneys experienced in discrimination cases.

Next Steps

If you believe you have experienced discrimination in Pennsylvania, consider the following actions:

1. Document all relevant incidents, including what happened, when, and who was involved or witnessed the events.
2. Contact your human resources department or management if the issue is employment-related, and follow company procedures for reporting discrimination.
3. Consult with an experienced discrimination lawyer to discuss your rights and legal options. Many lawyers offer initial consultations at no cost.
4. File a complaint with the Pennsylvania Human Relations Commission, Equal Employment Opportunity Commission, or other appropriate agency if needed.
5. Seek support from local advocacy organizations or legal aid services to help guide you through the process.

Remember, there are strict deadlines to file discrimination claims, so act promptly to ensure your rights are protected.