What are the differences between federal and state employment discrimination law?
In Pennsylvania, both federal and state laws provide protection from employment discrimination. Federal law is enforced by the Equal Employment Opportunity Commission (EEOC), and state laws are enforced by the Pennsylvania Human Relations Commission (PHRC). Federal law establishes the protection from employment discrimination for all Americans. This includes discrimination based on race, color, national origin, sex, religion, age, and disability. It also prohibits employers from retaliating against employees for filing a discrimination claim or exercising their rights under the law. The EEOC investigates discrimination claims and enforces the law through administrative hearings, settlements, and legal action. In addition, Pennsylvania has its own employment discrimination law known as the Pennsylvania Human Relations Act (PHRA). This law provides additional protections that go beyond federal law and is enforced by the PHRC. The PHRA covers the same basic protections covered by the EEOC, including race, color, national origin, sex, age, and disability. It also includes protection from discrimination based on ancestry, familial status, ethnicity, sexual orientation, gender identity, and marital status. The differences between federal and state law primarily stem from the extra protections offered by the PHRA. Pennsylvania employers are required to follow both the EEOC laws and the PHRA. If they are found to have violated either law, they could face legal consequences. Therefore, employers must ensure they follow both sets of laws when making employment decisions.
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