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Job discrimination occurs when an employer treats an employee or job applicant unfavorably because of personal characteristics that are legally protected. In Pennsylvania, as in the rest of the United States, federal and state laws prohibit discrimination in employment based on factors such as race, color, religion, sex, national origin, age, disability, and more. Job discrimination can happen during the hiring process, while on the job, or when being terminated or laid off. Pennsylvania has its own laws that support and expand upon federal protections, providing additional rights and remedies for individuals who have experienced workplace discrimination.
People experiencing job discrimination may need legal help for several reasons. Common situations include being unfairly terminated after reporting misconduct, being denied a promotion due to gender or race, facing workplace harassment that management ignores, being retaliated against for filing a discrimination complaint, or experiencing unequal pay for similar work. A lawyer can help determine if your rights were violated, explain your options, and assist with filing complaints, negotiating settlements, or representing you in court. Legal guidance can be especially important if you are unsure if your situation qualifies as discrimination or if you are facing resistance from your employer.
In Pennsylvania, job discrimination is governed by both federal and state laws. The primary state law is the Pennsylvania Human Relations Act (PHRA), which prohibits discrimination based on race, color, sex, age (over 40), ancestry, national origin, religion, disability, and the use of a guide or support animal. The PHRA covers employers with four or more employees, offering broader coverage in some cases than federal laws. Local ordinances in cities like Philadelphia and Pittsburgh may provide even more extensive protections, including for sexual orientation and gender identity. There are strict timelines to file a complaint, usually within 180 days of the alleged discrimination, and legal remedies can include reinstatement, back pay, compensatory damages, and attorney fees.
Discrimination based on race, color, religion, sex, national origin, age (over 40), disability, use of a guide or support animal, and in some areas, sexual orientation and gender identity, is illegal under state and some local laws.
Yes, while not explicitly listed in statewide laws, many municipalities such as Philadelphia and Pittsburgh prohibit workplace discrimination based on sexual orientation and gender identity. Federal law also now covers these categories.
If you have been treated differently or unfairly at work because of a personal characteristic protected by law, such as being denied a job, promotion, fair pay, or being subjected to harassment, you may have experienced discrimination.
Document your experiences, notify your employer or human resources in writing, and consider consulting with a lawyer. You may also file a complaint with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission.
You generally have 180 days from the date of the discriminatory act to file a complaint with the Pennsylvania Human Relations Commission. Federal complaints with the EEOC must also be timely filed.
No, retaliating against employees for reporting discrimination is illegal. You are protected from retaliation under both federal and state law.
Remedies may include reinstatement to your job, back pay, compensation for emotional distress, attorney fees, and in some cases, punitive damages.
You do not have to hire a lawyer to file a complaint, but legal counsel can help you understand your rights, strengthen your case, and represent your interests in complex situations.
The Pennsylvania Human Relations Act generally applies to employers with four or more employees. Federal law usually covers employers with 15 or more employees, but some types of discrimination, like age discrimination, may apply to employers with 20 or more employees.
Protected individuals, including some contract and temporary workers, may have the right to file claims if they meet the definition of an employee and the employer is covered by applicable laws.
For more help with job discrimination issues, you can contact or review materials provided by the Pennsylvania Human Relations Commission the U.S. Equal Employment Opportunity Commission (EEOC) the Philadelphia Commission on Human Relations (for residents of Philadelphia) legal aid organizations like Community Legal Services or the Pennsylvania Bar Association local human rights commissions in your city or county employment law clinics at area law schools These organizations can help you understand your rights, file complaints, and find additional support.
If you believe you have experienced job discrimination in Pennsylvania, start by documenting the incidents and gathering evidence such as emails or witness statements. Review your workplace's complaint procedure and consider notifying management or human resources in writing. Contact the Pennsylvania Human Relations Commission or the EEOC to discuss your rights and file a complaint within the required deadlines. If you need further assistance or your case is complex, seek advice from an experienced employment lawyer who can assess your situation, help prepare your case, and represent your interests. Many lawyers offer confidential consultations to help you decide on the best course of action.
