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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | September 2, 2014 10:08 AM |
|---|---|
| From: | Representative Mark B. Cohen |
| To: | All House members |
| Subject: | Right to file discrimination claim in court |
| In the near future, I plan to introduce legislation amending the Pennsylvania Human Relations Act to provide for the ability to bring a claim in common pleas court in cases involving discrimination without first filing a complaint with the Pennsylvania Human Relations Commission. The purpose of the legislation is to bring the rights and protections of Pennsylvania’s citizens in line with those of citizens in neighboring states and various Pennsylvania municipalities. The Pennsylvania Human Relations Commission (PHRC) investigates and enforces the state’s anti-discrimination laws. It is also investigates employment discrimination complaints for the U.S. Equal Employment Opportunity Commission (EEOC) and housing discrimination complaints for the U.S. Department of Housing and Urban Development (HUD). Currently, individuals must file a claim of discrimination with the PHRC before they can bring a claim in court. According to Philadelphia labor lawyer and previous commission employee Frank Finch, III[1], this process can take up to a year to complete. The practice is not only lengthy, but is out of line with the neighboring state of New Jersey, which allows claimants to file suit in Superior Court initially without first being compelled to go through the investigatory process of New Jersey’s Division of Civil Rights. I am introducing this legislation so that aggrieved individuals who wish to file suit and hire representation privately may do so. It would not preclude anyone from filing claims with the PHRC provided they do not do both. The intent is to give claimants another option, as well as alleviate the caseload of the PHRC, which currently performs its duties with a staff of 101 - a significant decrease in its 2009 staff complement of 178. If you have any questions, please feel free to contact Kathy Seidl of my office at kseidl@pahouse.net or 787-4117. [1] The law firm of Frank Finch focuses on labor and employment matters including cases involving claims of discrimination, wrongful discharge, breach of contract, breach of a union's duty of fair representation, labor-management negotiations and disputes, intra-union disputes, litigation involving non-compete clauses, arbitration, wage collection actions including Fair Labor Standards Act litigation, First Amendment claims, merit and civil service complaints, disability discrimination or accommodation claims, and any other matters flowing from the employment relationship. He has represented employees, employers and labor organizations in such matters for over 30 years. |
Introduced as HB2536