Will Investigate and Mediate Discrimination Claims
In June of 2013, the Pennsylvania Human Relations Commission ("PHRC") launched a pilot Mediation Program designed to expeditiously resolve employment discrimination charges filed by employees.
PHRC Executive Director JoAnn Edwards |
PHRC Chairman, Gerald S. Robinson |
The PHRC investigates discrimination claims made by employees who work in Pennsylvania. While PHRC's federal counterpart, the Equal Employment Opportunity Commission ("EEOC"), investigates only claims filed against companies with 15 or more employees, the PHRC will investigate claims against employers that have 5 employees or more.
I Work in Pennsylvania, and I Believe I have Been the Victim of Hostile Work Environment and/or Discrimination and/or Illegal Retaliation - Should I File My Charge of Discrimination With the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission?
If you work for a company with less than 15 employees, your choice is easy -- PHRC is your only choice where such small companies are involved.
If the company has more than 14 employees, you have 3 choices: 1) file only with the EEOC; 2) file only with PHRC; or, 3) file with both EEOC and PHRC (this is referred to as "a dual filing").
What Does it Mean to Dual-File a Charge of Employment Discrimination With Both the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission?
The EEOC and the PHRC have distinct filing requirements and utilize different forms that an employee is required to file in order to complete a Charge of Discrimination. Both Commissions' forms include a box for the employee to check if he/she wants the Charge to be filed with the other Commission.
So, if one uses the EEOC paperwork, one indicates whether he/she wants the Charge to by dual-filed with PHRC by merely checking a box.
If this occurs, no separate paperwork need by filed with PHRC.
The reverse is true if on elects to use PHRC's forms to initiate the Charge.
I Work in Pennsylvania, and I Believe I have Been the Victim of Hostile Work Environment and/or Discrimination and/or Illegal Retaliation - Should I File My Charge of Discrimination With the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission?
If you work for a company with less than 15 employees, your choice is easy -- PHRC is your only choice where such small companies are involved.
Have You Been Subjected to Adverse Employment Action Because of Your Age, Sex, Race, Religion, Disability or National Origin? |
What Does it Mean to Dual-File a Charge of Employment Discrimination With Both the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission?
The EEOC and the PHRC have distinct filing requirements and utilize different forms that an employee is required to file in order to complete a Charge of Discrimination. Both Commissions' forms include a box for the employee to check if he/she wants the Charge to be filed with the other Commission.
So, if one uses the EEOC paperwork, one indicates whether he/she wants the Charge to by dual-filed with PHRC by merely checking a box.
If this occurs, no separate paperwork need by filed with PHRC.
The reverse is true if on elects to use PHRC's forms to initiate the Charge.
Investigates Federal Claims of Discrimination
If You File a Charge of Discrimination With the EEOC, it Will Assert Jurisdiction Over the Charge, and the PHRC Will Defer All Investigatory Responsibilities to EEOC
If you initiate the Charge with EEOC, then PHRC will completely defer all authority and responsibility to the EEOC, and you will not be entitled to the benefits of the PHRC's Mediation Program.
If, on the other hand, you file first with PHRC, then it will assume all responsibility for the Charge, and you will be eligible to participate in the Mediation Program.
What are the Differences Between the Federal Anti-Discrimination Laws Such as Title VII and Pennsylvania's Human Relations Act?
Although the Pennsylvania Human Relations Act ("PHRA") prohibits the same types of discriminatory actions as covered by federal laws such as Title VII, the Americans With Disability Act, the Age Discrimination in Employment Act, etc., there are a number of crucial differences between PHRA and it's federal counterparts.
Indeed, PHRA provides superior advantages to employees in a number of key areas when compared to its federal brethren.
If you initiate the Charge with EEOC, then PHRC will completely defer all authority and responsibility to the EEOC, and you will not be entitled to the benefits of the PHRC's Mediation Program.
If, on the other hand, you file first with PHRC, then it will assume all responsibility for the Charge, and you will be eligible to participate in the Mediation Program.
What are the Differences Between the Federal Anti-Discrimination Laws Such as Title VII and Pennsylvania's Human Relations Act?
Although the Pennsylvania Human Relations Act ("PHRA") prohibits the same types of discriminatory actions as covered by federal laws such as Title VII, the Americans With Disability Act, the Age Discrimination in Employment Act, etc., there are a number of crucial differences between PHRA and it's federal counterparts.
Indeed, PHRA provides superior advantages to employees in a number of key areas when compared to its federal brethren.
PHRC Mediation is Free, Confidential and Expedient - Trained Attorneys Serves as Mediators
The Human Relations Commission employs attorneys as Mediators; these attorneys have been trained on best practices for mediators, and on Pennsylvania's anti-discrimination statute, the Pennsylvania Human Relations Act. These are all important advantages. They will be able to accurately determine the potential merits of your case, and will be forthcoming with you.
Ranking the Most Common EEOC Discrimination Claims in 2011
The Human Relations Commission employs attorneys as Mediators; these attorneys have been trained on best practices for mediators, and on Pennsylvania's anti-discrimination statute, the Pennsylvania Human Relations Act. These are all important advantages. They will be able to accurately determine the potential merits of your case, and will be forthcoming with you.
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
What
is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal
in Pennsylvania
Employee
Complaints and Retaliation - What is Legal and What is Illegal
FILING
A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE
LAWYERS
United
States Employment and Discrimination Laws - An Overview by Pennsylvania
Employment Lawyer
Ranking the Most Common EEOC Discrimination Claims in 2011
Philadelphia Area Employment
Attorneys Representing Employees
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