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Employment Discrimination For Criminal Record In Pennsylvania

Category:

Civil Actions - Employment Discrimination

State:

Multi-State

Control #:

US-000296

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Instant download

Description

Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.

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FAQ

Wronged employees have three ways of proving their employers intended to discriminate: circumstantial evidence, direct evidence, and pattern and practice. Circumstantial evidence is evidence that proves a fact by inference, as opposed to direct evidence which directly proves a fact.

Pennsylvania's Fair Criminal Record Screening Standards Ordinance complements PA HB 689 or Clean Slate 3.0 by offering guidelines for employers to follow when considering a candidate's criminal record. The ordinance prohibits employers from asking about an applicant's criminal history on the job application form.

Include the following in your complaint letter: Your name, address and telephone number. The name, address, and telephone number of your attorney or authorized representative, if you are represented. The basis of your complaint. The date(s) that the incident(s) you are reporting as discrimination occurred.

Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.

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.

The new law, in brief Some low-level drug and property-related felony convictions may be sealed if 10 years have passed, with no misdemeanor or felony convictions for 10 years. Many misdemeanor convictions may be sealed if 7 years have passed, with no misdemeanor or felony convictions for 7 years.

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.

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The Criminal History Record Information Act forbids criminal convictions from being considered as part of the employment hiring decision process. In Pennsylvania, an employer may only consider an applicant's criminal history as it relates to misdemeanors and felony convictions.If you believe an employer violated this law, you can file a complaint with the Philadelphia Commission on Human Relations. If an employer decides not to hire someone based on his or her criminal record, the employer must so inform the applicant in writing (18 Pa. Cons. Stat. An employer in Pennsylvania can't discriminate against an individual based upon their criminal history after receiving an application. If a job applicant has a criminal history, your agency must request approval to hire the employee prior to the final selection. There are many state and local laws that protect you from discrimination in Philadelphia and Pennsylvania. Know your rights as a job applicant. Regarding criminal record discrimination, employers may not discriminate against job applicants with similar criminal records based on protected classes. Learn what is legal in the hiring process in Pennsylvania.

Employment Discrimination For Criminal Record In Pennsylvania

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What are the two ways to prove an employment discrimination case?

Can employers ask about criminal history in PA?

What are the discrimination laws in PA?

How can I hide my criminal record from my employer?

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