Thursday, March 5, 2015

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Why Should I File a Discrimination or Hostile Work Environment Charge With Federal, State or Local Agencies?

If you believe you are being treated wrongly, differently or unfairly at work because of your race, sex, age, religion, disability, pregnancy or national origin, you may protect your rights ONLY if you file a charge of discrimination with the EEOC in a timely fashion.  If you fail to do so, ALL of your rights may be lost.

Invidious, Common, Dreadful, Illegal
Moreover, if you file a charge, and then have it served on your employer, you will be protected from illegal retaliation from your employer (it is illegal to fire, demote or punish an employee who files a reasonable complaint of illegal discrimination).

The United States Equal Employment Opportunity Commission is a Federal Agency That Helps Pennsylvania Workers

The EEOC was created in 1971, and investigates and potentially prosecutes unlawful discriminatory practices in the workplace.

The EEOC handles discrimination/retaliation claims arising under Title VII, the Americans With Disabilities Act, the Age Discrimination in Employment Act, and some other federal employment statutes.

Pennsylvania Employees Should Also Pursue Discrimination or Hostile Work Environment Claims With the Pennsylvania Human Relations Commission

Pennsylvania Human Relations Commission Enforces
the State's Anti-Discrimination Laws
In addition to filing with the EEOC, Pennsylvania workers should also seek protection from the Pennsylvania Human Relations Commission, which serves a similar purpose to EEOC on a state level.

The PHRC handles claims filed under the Pennsylvania Human Relations Act, which in most
 respects duplicates the statutes covered by EEOC on a state level.

If You Work in Philadelphia County, You May Also File a Discrimination Complaint With the Philadelphia Commission on Human Relations

Philadelphia Very Protective
of Employee Rights
If you work in Philadelphia, the Philadelphia Commission on Human Relations will also investigate and prosecute discrimination and hostile work environment claims.

The Philadelphia Commission investigates potential violations of the City's Fair Practices Ordinance, which in some instances provides even broader protection than found under the laws covered by EEOC or PHRC.

Sexual Preference and Sexual Orientation Discrimination Illegal in Philadelphia

Protected in Philly; Not Necessarily
Under State or Federal Laws

One major example of this broader protection scheme is that the the Fair Practice Ordinance makes discrimination based upon sexual preference (or sexual orientation) illegal within the City's limits; as of today, sexual preference discrimination may not be protected under federal or state anti-discrimination laws.


How Much Time Do I Have to File a Charge of Discrimination Claim Under State and Federal Laws in Pennsylvania?

You have 180 days to file a Charge of Discrimination with the PHRC; the deadline begins to run on the date of the first "unlawful occurrence" or "act of discrimination."

Defining an unlawful occurrence or act of discrimination can be complicated, and I will not attempt to do so here, except to say that, without question, a demotion, failure to promote and/or termination based upon discriminatory factors most certainly start the deadline.  ...

You have 300 days to file a Charge with the EEOC.

You have 300 days to file a Charge with the Philadelphia Commission on Human Relations.

Pennsylvania Lawyer Charges One Flat Fee to File and Serve Charge of Discrimination With Equal Employment Opportunity Commission, Pennsylvania Human Relations Commission and/or Philadelphia Commission on Human Relations

I routinely prepare and file Charges of Discrimination on behalf of Pennsylvania workers within hours of being asked to do so, and charge on flat fee to do so.

I charge one flat fee to do so, and, where appropriate, I serve the filed charges on the employer. The fee I charge for filing the Charge also covers this service.

Philadelphia Area Attorney Who Will Prepare, File and Serve on Your Employer an EEOC Charge of Discrimination Within 2 Hours

I know know how to prepare the Charge, fax to EEOC/PHRC and then serve on the company to protect you from retaliation (if you ant such service).  I can get this done in 2 hours, usually.

Filing Charges of Discrimination Since 1991
Philadelphia Are Employment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.


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