WYOMISSING-READING-BERKS COUNTY ATTORNEY JANA R. BARNETT HELPS VICTIMS OF DISCRIMINATION
Federal, state, and local laws prohibit discrimination against employees based on factors such as sex, race, age, religion, national origin, and disability. Attorney Jana R. Barnett regularly represents employees who believe that they may have been discriminated against.
Most claims of discrimination are brought pursuant to the federal statutes, state statutes, and local ordinances. Some rely on the federal or state constitutions.
For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination because of race, color, religion, sex, or national origin. The Americans with Disabilities Act prohibits discrimination based on disabilities. The Age Discrimination in Employment Act prohibits discrimination in employment because of age when the employee or prospective employee is aged forty (40) or more. The Pennsylvania Human Relations Act prohibits discrimination based on race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals. Local ordinances are similar to federal and state laws.
When determining whether someone is treated differently because of a characteristic which cannot be considered legally, it is important to focus on what happened to the individual, and consider what happened to other individuals in the same group, as well as to individuals in different groups, under similar circumstances. It also is important to learn when actions were taken, whether the employee had been warned about unsatisfactory performance, what standards existed for performance, whether consistent reasons were given for the employer’s actions, and when the employee first alleged that discrimination had occurred.
Claims of discrimination pursuant to statutes such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations Act must be filed with the government within a limited period of time. Generally, Pennsylvania victims have three hundred (300) days under federal laws and one hundred eighty (180) days under state law. Often, claims can be filed online.
It is important that claims filed with the E.E.O.C. and/or P.H.R.C. be detailed, because lawsuits brought after filing claims with the government are limited to claims raised with the government. Attorneys can assist victims in knowing what to include in complaints. Attorneys also can represent victims when the E.E.O.C. and/or P.H.R.C. investigate complaints.
To read statutes and related materials, please use the drop-down menu.
If you need assistance with a discrimination matter, call Attorney Jana Barnett at 610/478-1860 or e-mail her, and she will reply as quickly as possible.