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Pennsylvania House of Representatives
04/19/2024 12:10 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=15488
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: December 2, 2014 02:40 PM
From: Representative Mark B. Cohen
To: All House members
Subject: Right to file discrimination claim in court
 
In the near future, I plan to reintroduce legislation (HB 2536) amending the Pennsylvania Human Relations Act to provide for the right 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 II, 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 from 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.


Previous co-sponsors: COHEN, BISHOP, V. BROWN, BROWNLEE, DAVIS, FREEMAN, KINSEY, McNEILL, O'BRIEN, SCHLOSSBERG and THOMAS.


Introduced as HB307