Filing Pennsylvania Workplace Discrimination Complaints Just Got Easier

November 08, 2012

The federal Equal Employment Opportunity Commission (EEOC) recently revealed several modifications to the process of submitting workplace discrimination complaints. The revamped process is designed to be more user-friendly, flexible and efficient than the former method. The more efficient process will make all aspects of a complaint easier, including everything from filing to processing and from determinations to appeals.

How does the process work now?

Under the current system, an EEOC complaint begins when an employee or applicant asserts discrimination and contacts the appropriate state or federal agency. Information is gathered and the complainant is interviewed, after which time a determination is made whether or not a full investigation is warranted.

If an investigation does result, once it is complete, the EEOC makes a decision about whether or not discrimination actually occurred and reports the findings to both the complainant and the one accused of discriminatory action. Either party has the right to appeal an EEOC decision by requesting reconsideration from a different EEOC representative or by moving the case to federal court.

What changes are on the horizon?

One of the recent changes to the complaint process simply dictates that cooperating state and federal agencies comply with EEOC regulations.

Another just encompasses the prevailing policy on retaliation, expanding it to include federal government workers as well as those in the private sector. The expanded policy dictates that no federal employee should undergo any retaliatory personnel action (firing, demoting, harassing or otherwise punishing a worker for filing a discrimination claim or accusing an employer of discriminatory behavior). Complaints alleging retaliation are dismissed unless the complaint specifically states that the offending action is in response to previous EEOC activity, though.

The next update to the law brings a sense of urgency to both the complainants and the agencies investigating allegations of discrimination. If an investigation is not completed within 180 days, agencies are required to communicate this to complaining employees and inform those employees of the right to both request a hearing before an administrative law judge or bring a civil action. This requirement will help agencies stay focused on time limits. It will also help educate employees about remaining options when time limits have passed.

Additionally, administrative law judges (ALJs) are given more discretion and authority under the new rules. Their decisions are now final, where before agencies were free to accept, reject, or modify the judges' decisions. Now agencies are limited to either accepting an ALJ's findings or filing an appeal.

Some changes come with potentially negative consequences for employees, though. Agencies are now allowed to petition the EEOC for approval to experiment with new programs to handle complaints. Employee participation in these pilot programs is optional, but there are concerns that this could further complicate the complaint process. Pilot programs are in effect for two years under the final rules, one year more than was initially proposed when the change was first discussed.

An employee experiencing workplace discrimination can benefit from a knowledgeable employment law attorney who can provide guidance and information about available legal options. If you or a loved one is experiencing discrimination or harassment on the job, speak with qualified legal representation in your area for more information.

Article provided by McCarthy Weisberg Cummings, P.C.
Visit us at www.discrimination-harassment-law.com