When an employee files an EEOC claim and the federal agency decides to dismiss it, that employee has up to 90 days to file a lawsuit on his or her own behalf. That means you’ll know within 90 days whether you’ll face a lawsuit or you can breathe easy.
But it’s a different story with the Pennsylvania Human Relations Act (PHRA). Employees have up to two years to file a lawsuit when the agency dismisses a complaint.
That means you should keep all records that you may need until at least two years after you receive a dismissal letter from the Pennsylvania Human Relations Commission (PHRC).
Recent case: Cheryl O’Neil, who suffered from major depression, worked as an accountant for the Diocese of Erie. The trouble began when a supervisor began removing accommodations she’d been granted for her disability. She finally quit after being told that she had to let her boss see her psychiatric records.
She filed a complaint with the PHRC, alleging disability discrimination under the PHRA. The agency dismissed her complaint on March 16, 2004. She waited until March 16, 2006, to file her own disability discrimination lawsuit. That was fine because she had two full years to file. (O’Neil v. Diocese of Erie, No. 06-65E, WD PA, 2006)
Online resources: For more details on EEOC filing procedures, go to www.eeoc.gov/charge. For more on PHRA filing procedures, go to www.phrc.state.pa.us.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2979/workers-have-two-years-to-sue-under-phra "
- Prevent retaliation claims by maintaining confidentiality of bias, harassment complaints
- Feuding employees leave employer mired in the middle
- You can't go wrong with a solid discharge reason
- Whistle-blower claims retaliation by Bexar constable's office
- RIFs and age bias suits: Understand the power of statistics