Discrimination Law
43 Pa.C.S. §§951 - 963
When I consult with potential clients about claims of discrimination, most don't realize that there are (very generally) two different sets of discrimination laws - state and federal. Virtually all (if not all) of the state discrimination laws are lumped together in the PA Human Relations Act; while some federal discrimination laws (discussed elsewhere on this site) are sett forth in separate laws, such as the Age Discrimination in Employment Act ("ADEA"). and the Americans with Disabilities Act ("ADA").
The Pa. Human Relations Act makes discrimination in the terms and conditions of employment illegal if motivated by consideration of race, color, religious creed, ancestry, age, sex, national origin or no-job related handicap or disability or the use of a guide or support animal because of the blindness, deafness or physical handicap, comprising "protected classes." These are among the most difficult claims to prove, because they necessarily involve proof of motives; which must almost always be proven by circumstantial evidence. Rare is the discrimination case in which there is direct evidence that discrimination has occurred.
Claims of discrimination under both state and federal law must first be filed with an administrative agency, before they can be filed in court. Claims arising under the Pa. Human Relations Act must first be filed with the PA Human Relations Commission - the state agency initially responsible for the administration and, if necessary enforcement of the state discrimination law. Parallel claims under the federal anti-discrimination laws are normally "dual-filed," or simultaneously filed with the Equal Employment Opportunity Commission ("EEOC") by the PHRC, when the state law claims are filed with the PHRC. The PHRC will process a claim by meeting with a person complaining of discrimination; preparing a complaint for the person; and investigating the complaint. The PHRC requires that the responding party (typically an employer) answer the complaint; produce documents in support of their defense against the claim; and participate in a "fact-finding conference."
The primary initial focus of the PHRC will be the settlement of the claim. If the claim cannot be settled, the PHRC will continue its investigation, but most claims are not decided within the one year that the complaining party must allow the PHRC to investigate the claim. If one year passes before a decision is made or the case is settled, the PHRC will notify the complaining party, in writing, that the person may now file his/her claim in court, where the claim begins "de novo," or from scratch. The administrative proceedings are normally not permitted to be revisited or used as evidence in court.