Fighting Racial Discrimination in Pennsylvania

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Despite there being a very clear and strict series of labor laws regarding racial discrimination in Pennsylvania, racial discrimination still occurs on a disturbingly regular basis.  Employers and workplaces must be sent the message that this sort of discriminatory behavior is not only unacceptable, but it is also unlawful, and businesses that engage in discrimination against employees or applicants based on race must be held accountable for their illegal actions.

 

Basically, the state laws in Pennsylvania echo the federal laws prohibiting discrimination in the workplace at every level from hiring an employee to firing an employee.  People of all races must be treated equally in terms of testing, assignment, transfer, benefits, pay, and every other area of employee treatment.  All employees, regardless of race, have the right to have a work experience that is free of harassment, threats, retaliation, and denial of equal opportunities.

 

If you feel you have been the victim of racially motivated discrimination, you have the right to file a complaint in order to get your claim settled.  According to Enotes.com, in the state of Pennsylvania "complaints for relevant civil rights violations are submitted to the Human Rights Commission. Private actions are permitted, and causes of action are not preempted by administrative action. The statute of limitations for a civil rights action is 180 days."

 

What this essentially means is that from the time you feel you were racially discriminated against you have 180 days to file your complaint or else you lose your right to file.  This may seem like a long time, but if you are hoping to secure legal counsel and get your case evidence in order, 180 days is really not that much time. As soon as you decide to file a complaint, you should contact a lawyer and get the process started immediately.

 

Racial discrimination can be more subtle than just blatant policies giving preferential treatment to certain races.  A discrimination claim can be based on any number of factors that fall into two categories: disparate treatment or disparate impact.  

 

Disparate treatment is the most obvious kind of racial discrimination, where the employee or applicant is directly discriminated against based on his or her race.  Disparate impact, on the other hand, is a more complex matter whereby the employer may not have intended to engage in a discriminatory practice, but the policies of the company may have led to inadvertent discrimination.  Both of these categories are serious allegations, and in either case you and your lawyer need to be prepared to show specific evidence that the discrimination occurred on the specific date you allege, or that there is an ongoing policy that affects your rights based on your race.  This encompasses harassment in the workplace, including racial jokes, offensive statements or conduct, and any other occurrences that interfere with your right to a peaceful and racism-free work environment.