Procedures for Enforcing Anti-Discrimination Laws Flashcards
To enforce an anti-discrimination law in PA, what must a person do first?
File a charge with the PA Human Relations Comm’n.
A plaintiff must file a charge with the PHRC within how many days of what?
180 days of the alleged violation
A person can only sue for what when filing with the PHRC?
Allegations contained in the PHRC charge.
To enforce an anti-discrimation law on the federal level, what must a person do first?
File a charge with the EEOC.
A plaintiff must file a charge with the EEOC within how many days of what, or how many days of what?
How do you know which one to pick?
300 days of the alleged unlawful employment practice; OR
30 days after receiving notice that the PHRC has terminated the proceedings,
Whichever is earlier
Can a plaintiff file with the EEOC if federal law does not cover the claim?
No
For a discrete act of unlawful employment practice, the proper focus is on what and not what?
Focus is on the time of the discrete act
NOT when the consequences of the act became most painful.
What rule is used to determine when a discrete act of unlawful employment practice has occurred? What does it say?
Notice of Decision Rule
Notice to an employee of the employer’s decision to take an adverse employment action, such as projected termination, starts the filing period running.
If discriminatory pay is the issue, what effect does receiving a paycheck have on the filing period?
Each new paycheck awarding discriminatory pay is a new of a discrimination which starts the time period running anew.
A charge alleging a hostile work environment claim will not be time barred SO LONG AS . . . (2)
All acts which constitute the claim are part of the same unlawful employment practice, AND
At least one act falls within the time period.
After filing a charge with the PHRC or the EEOC, what does a plaintiff need in order to go to court?
A Right to Sue Letter
The charging party may demand a right to sue letter once _____ days from filing a charge have passed.
180 days
Can the charging party elect to permit the agency’s procedures to continue after the 180 day period?
Yes, but she can demand a right to sue letter at any time.
If a charge is processed to conclusion, the agency will either . . . (2)
Find no reasonable cause to believe a violation has occurred and issue a notice of dismissal; OR
Find reasonable cause, attempt conciliation, and, if that fails to resolve the matter and the agency does not file suit itself, ultimately issue a right to sue letter.
If a plaintiff files under this statute, he/she may file in court without ever receiving a right to sue letter?
ADEA.
