Employment Discrimination Articles

PHRC and EEOC Timelines and Deadlines For Discrimination

If you have a claim for employment discrimination on the basis of race, color, national origin, gender, sex, religion, or age, it’s very important to see an attorney who can help you through the entire process since it’s a very lengthy and complicated process. The advice contained below is for informational purposes only and is based on Pennsylvania law. If you have a claim for discrimination, seek the advice of an attorney immediately.

Filing a Claim With the PHRC and EEOC

Before an individual can sue in court for discrimination that occurs in Pennsylvania, they must first pursue administrative remedies. This means that the employee must first file a claim with either the Pennsylvania Human Relations Commission (PHRC) or Equal Employment Opportunity Commission(EEOC). If you file a claim in court without first filing with the PHRC or EEOC, your case will be dismissed.

Employees in Pennsylvania are protected from discrimination …

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What is an “adverse employment action” in the context of discrimination cases?

Do you feel that you have been retaliated against in the workplace because you filed a claim for discrimination? In order to establish a claim for retaliation, you must show that you have suffered a materially adverse employment action. In other words, you were fired, denied a promotion, demoted, or you saw a decrease in your pay. Failure to get a certain job assignment or a more favorable office space may not be sufficient to bring a claim for retaliation.

In a 2010 decision, Rebecca Lockridge v. University of Maine System, the First Circuit Court of Appeals examined whether failing to obtain an open position at a more favorable office location was retaliatory when the position was denied to a woman who previously filed a claim for discrimination.  The Court held that to be materially adverse, the action must be one that could dissuade a reasonable worker …

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How To Establish Employment Discrimination

If you have been discriminated against in the workplace, you may be wondering what you have to prove to establish a case. The first thing to be aware of is that employment discrimination applies to all types of employment actions. Not only do discrimination laws apply to the hiring and termination of employees, but it also applies to job assignments, compensation, promotions, and job benefits.

The Supreme Court has stated that the following four elements must be proved to establish a prima facie case of employment discrimination:

  1. Protected Class — You must be a member of a protected class which consists of race, sex, national origin, religion, and age.
  2. Qualified — You must establish that you are qualified for the position in question.
  3. Adverse Employment Action — You must establish that you were either denied a job, terminated from a job, failed to receive a promotion, or were denied certain

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