Pennsylvania workers who believe they experienced sexual orientation discrimination may be able to file an administrative complaint with the Pennsylvania Human Relations Commission (PHRC), the Equal Employment Opportunity Commission (EEOC), or both through a dual-filing arrangement. Mansour Law, LLC represents workers in discrimination claims and can help organize the facts before you file a charge.
Start With the PHRC or EEOC
A discrimination case generally begins with an administrative charge rather than a lawsuit. The PHRC employment complaint process explains that Pennsylvania employment complaints generally have an 180-day filing period. Federal charges filed with the EEOC generally have a 300-day deadline in Pennsylvania for covered claims.
Information to Prepare for the Complaint
A useful filing starts with specific facts. Prepare the employer’s legal name, the dates and descriptions of each discriminatory action, the people involved, the protected characteristic at issue, and the documents or witnesses that support your account. Save copies of performance reviews, emails, messages, written complaints, and the employer’s explanations that you are legally permitted to retain.
Employer Size Can Affect Which Law Applies
The Pennsylvania Human Relations Act generally applies to employers with four or more employees. Title VII generally applies to employers with at least 15 employees. That means some Pennsylvania workers may have a state claim even when the federal statute does not cover the employer.
Sexual Orientation Includes Perceived Orientation
PHRC regulations define sexual orientation to include being perceived or presumed by others to have a particular orientation. A worker therefore does not necessarily need to have disclosed their sexual orientation to raise a claim based on how others perceived them. See 16 Pa. Code § 41.204.
Dual Filing and What Happens Next
An eligible employment complaint filed with the PHRC may also be filed with the EEOC, and the EEOC may dual-file a charge with the PHRC. Generally, one agency investigates while the other preserves the related filing. The PHRC may investigate, seek settlement, dismiss the complaint, or find probable cause. Separate deadlines apply to any later court action, so agency notices should be reviewed promptly.
Get Help Before Filing the Charge
The wording and factual scope of an administrative complaint can shape the investigation that follows. Mansour Law can review the timeline, supporting records, and applicable filing path before submission. Call (610) 321-3538 or contact us online.
