File A Sex, Gender Or LGBTQ Discrimination Claim With Confidence At Mansour Law, LLC
When you are a victim of sex, gender or LGBTQ discrimination in Pennsylvania, you must follow a particular set of procedures to ensure your rights are protected and your case is taken seriously. At Mansour Law, LLC, I frequently counsel employees on how to follow the process accurately and efficiently.
Before taking your discrimination claim to court, the law requires you to “exhaust your administrative remedies.” This means you must first file your claim with either the EECO or the PHRC. In Pennsylvania, when you file your discrimination claim with either the EEOC or the PHRC, it is automatically filed with the other entity as well.
Claimants do not require an attorney to file a claim, but an employment discrimination lawyer is often vital to successfully arguing your claim. For help through the legal process and for trusted advocacy in court, reach out to my office to schedule a free consultation by calling 610-936-6863.
What Is The Deadline To File A Sex, Gender Or LGBTQ Discrimination Complaint?
Sex, gender or LGBTQ workplace discrimination complaints must be filed with the EEOC or PHRC within 180 days of your termination, demotion, pay cut or other negative employer action.
If you miss this deadline, you may still be able to protect your workplace rights under Title VII. In order to do so, a complaint must be filed with the EEOC within 300 days of the workplace incident. In this case, however, you will not be able to pursue a PHRA claim.
If you do not file your complaints by these deadlines, you may lose your claims forever. That’s why it is important to have an experienced workplace discrimination attorney handle the process for you.
How Long After Filing A Discrimination Complaint With The EEOC Or PHRC Can You Sue Your Employer?
If you file your complaint with the EEOC, you must give the EEOC at least 180 days to investigate your discrimination complaint. If the EEOC has not completed its investigation within that time, you may request a “Notice of Right to Sue.” This letter from the EEOC gives you the right to file a sex, gender or LGBTQ discrimination lawsuit against your employer in court. Once you receive this letter, you must file your lawsuit within 90 days.
If you file your discrimination complaint with the PHRC, you must give the PHRC at least one year to investigate your complaint before you can sue your employer in court.
What Kind Of Damages Can Be Recovered For A Sex, Gender Or LGBTQ Discrimination Claim?
Generally, there are three types of damages you can recover for your sex/gender/LGBTQ discrimination claim:
- Economic damages (e.g., past and future lost wages)
- Compensatory damages (e.g., emotional distress and humiliation)
- Punitive damages (to punish the employer for intentional misconduct)
Title VII and the PHRA also place limits on the kinds and amounts of damages you can recover if you are illegally discriminated against at work. Under Title VII, for example, there is no cap on economic damages. However, the combined amount of compensatory and punitive damages you can recover is limited based on the size of your employer:
- For employers with 15-100 employees, the combined limit is $50,000.
- For employers with 101-200 employees, the combined limit is $100,000.
- For employers with 201-500 employees, the combined limit is $200,000.
- For employers with more than 500 employees, the combined limit is $300,000.
Like Title VII, the PHRA does not limit economic damages. Unlike Title VII, however, the PHRA does not limit your compensatory damages and does not allow punitive damages.
The different types of damages available to you under Title VII and the PHRA can be confusing. That is why you should retain an experienced employment discrimination lawyer to help you recover the full extent of your damages.
How Long Will It Take To Resolve A Discrimination Case?
Generally, discrimination cases resolve within two years. Some cases may resolve in as little as six months while others may take several years. Your specific case, however, may take more or less time. This will depend on several factors, including:
- The nature and complexity of your case
- The number of people you sue
- The number of witnesses
- Whether your employer has insurance to cover the claim
- The kinds and amounts of damages you are claiming
- The court where you file your lawsuit
- The willingness of your employer to settle your case
If you handle your sex/gender/LGBTQ discrimination case on your own, it can take a lot longer to resolve. This can cause a lot of uncertainty, stress, and wasted time. In order to make sure that your case is moving toward resolution, it is necessary to have an experienced workplace discrimination lawyer by your side.