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Not all forms of unjust or unfair treatment constitute illegal discrimination,
however, In order to establish unlawful discrimination a
person must be able to prove that he/she was treated differently
than others because of race, age, sex, religion, national
origin, ancestry or disabilities.
For example, if an employer tolerates one form of misconduct by male
employees but subjects female employees to discipline for
the same thing, that would be an indication of unlawful
employment discrimination. In 1992, many changes in the law made
it easier to
pursue such claims.
There is a separate Tel-Law message, #1250, covering discrimination
based on disabilities.
There are both state and federal agencies set up to investigate and,
in certain cases, take legal action against parties which
practice discrimination. The state government performs this task
through the Pennsylvania Human Relations Commission; their phone
number is 412/565-5395. The
federal government uses the Equal Employment Opportunity Commission
to do basically the same thing; their phone number is 412/644-3444
or 1-800-669-4000. If you feel you may be involved in a
situation where there was unlawful discrimination in employment,
housing, or
public accommodations, you can contact either of these agencies
and ask for assistance. There is no charge for
this assistance.
There are strict time limits for filing complaints and if you do
not comply with these time limits you may lose the ability to
complain about discrimination. The time period for complaining
to the State Human Relations Commission is 180 days from the date
of the act of discrimination.
The time limit for the Federal EEOC is, in most cases, 300 days.
There are complicated and important procedural rules about filing
these claims which must be followed. If you feel you have
a
claim of this sort, you should contact either the Pennsylvania Human
Relations Commission, the EEOC or an attorney experienced
in such matters as soon as you have this belief so that your
complaint can be properly recorded as quickly as possible.
Ultimately, claims of discrimination must be resolved after proceedings
which may involve a trial in court. A successful party can
in some cases obtain compensation for any damages sustained
and may, in certain cases, recover attorney's fees.
Discrimination claims are complicated and it is normally a good idea
to discuss them with an attorney knowledgeable in this field
in addition to contacting the state and federal government
agencies.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
