In order to file a lawsuit against an employer for discrimination in employment in Pennsylvania, there are several requirements that must be met. First, the employee must be a member of a protected class, which includes race, color, religion, national origin, sex, age, and disability. Next, the employee must show that they were qualified for their job and were subject to an adverse employment action, such as termination, demotion, or being denied a promotion. Finally, the employee must show that the adverse employment action was taken because of their membership in a protected class.
Under Pennsylvania law, there are several agencies that can accept complaints of employment discrimination, including the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission (EEOC). In order to file a lawsuit, the employee must first file a complaint with one of these agencies within 180 days of the discriminatory action.
Once a complaint has been filed, the agency will investigate the claim and attempt to resolve it through conciliation. If the claim cannot be resolved, the agency will issue a right-to-sue letter, which allows the employee to file a lawsuit in court within 90 days.
It is important to note that there are some limitations and exceptions to these requirements. For example, the time limit for filing a complaint with the EEOC may be extended in certain circumstances, such as if the employer concealed the discriminatory action. Additionally, some employers may be exempt from certain anti-discrimination laws if they have fewer than a certain number of employees.
If you believe that you have been the victim of employment discrimination, it is highly recommended that you seek the advice of a licensed attorney. They can provide you with guidance on the specific requirements and limitations that apply to your situation and can help you determine the best course of action.
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