Employment Workplace Discrimination Within The United States In Allegheny
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FAQ
There are very few laws protecting employees and candidates against geographical discrimination. A person's location or origin is not a protected class like race or religion. From an ethical standpoint, employers and managers should endeavor to treat employees the same no matter their location or geographical origin.
Individual complaints should typically be filed with the Pennsylvania Department of Labor and Industry or the U.S. Department of Labor. PENNSYLVANIA HUMAN RELATIONS COMMISSION (PHRC) TO PRESERVE YOUR INDIVIDUAL RIGHTS IN YOUR CASE.
If you feel you have experienced illegal discrimination, you can file a complaint or report a bias incident to the Pennsylvania Human Relations Commission (PHRC). Email the PHRC or call your regional office.
In general, you cannot be fired for filing a complaint with HR about workplace issues, especially if you are reporting concerns related to harassment, discrimination, or other illegal activities.
Filing a Claim for Employment Discrimination Before you may file a lawsuit against your employer in court, you must first file a complaint of discrimination with either the EEOC or PHRC. You must file the complaint with either agency within 180 days of the adverse employment action.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
A: The Department of Labor makes every effort to ensure that employers are in compliance with the law. We are able to resolve most cases administratively. If appropriate, the Department of Labor may litigate and/or recommend criminal prosecution.
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
Employees seeking justice in an employment claim bear the burden of proving their case by a preponderance of the evidence, which means they must present sufficient evidence to convince the trier of fact that it is more likely than not that their employer violated the law.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.