What are the laws and regulations regarding workplace discrimination and harassment in Pennsylvania?
Under Pennsylvania law, all employees are protected from workplace discrimination and harassment based on their race, color, religion, ancestry, sex, national origin, age, disability, genetics, or retaliation for engaging in protected activity. These protections are outlined in the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Equal Pay Law.
Workplace discrimination occurs when an employer takes an adverse employment action against an employee because of their protected status, such as not hiring, promoting, or terminating an employee based on their race or sex. Harassment occurs when an employee faces a hostile work environment based on their protected status, such as verbal or physical conduct that creates a difficult or offensive work environment.
The PHRA applies to all employers in Pennsylvania who have four or more employees, except for religious organizations. The Equal Pay Law applies to all employers in Pennsylvania who have four or more employees and prohibits wage discrimination based on sex.
Employees who experience workplace discrimination or harassment may file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the federal Equal Employment Opportunity Commission (EEOC). Before filing a complaint, employees are required to go through an administrative process called "filing a charge" with the appropriate agency. This process involves providing information about the incident and filing a formal complaint.
If an employee's complaint is not resolved through the administrative process, they may file a lawsuit in state or federal court. Employers found to have violated workplace discrimination or harassment laws may be subject to fines, damages, and other legal remedies.
It is important for employers to have policies in place that prohibit workplace discrimination and harassment, and to provide regular training to prevent such behavior. Employers should also have a clear process in place to investigate and address any complaints of workplace discrimination or harassment brought to their attention.
In summary, Pennsylvania law prohibits workplace discrimination and harassment based on certain protected characteristics, and employees who experience such behavior may file a complaint with state or federal agencies or pursue legal action. Employers should have policies and procedures in place to prevent and address workplace discrimination and harassment.