Scranton, Pennsylvania Employment Discrimination Lawyer

Individuals who have endured unfair treatment in the workplace may face a variety of complex legal challenges. The attorneys at Polishan Solfanelli in Scranton, Pennsylvania, are well-versed in employment discrimination law, guiding clients through every step of their legal matter. Whether you have been subjected to harassment, retaliation, or wrongful termination, our team strives to protect your rights and seek fair resolutions. We approach each case with compassion and diligence, aiming to alleviate our clients’ concerns and help them move forward. Understanding the difficult circumstances many workers face, our attorneys provide tailored strategies based on the specific nature of the claim. With careful investigation, negotiation, and litigation, we work toward resolutions that address immediate and long-term needs. Our office welcomes calls at 570-562-4520 to learn more about how we may assist with employment discrimination claims and uphold your workplace rights. We remain committed to preserving fairness and dignity at work.

Laws Prohibiting Employment Discrimination 

Individuals in Pennsylvania benefit from multiple layers of legal protection that disallow companies from discriminating against workers or job seekers based on certain personal characteristics. Under federal law, the main statutes generally include Title VII (covering race, color, religion, sex, and national origin), the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), and the Age Discrimination in Employment Act (ADEA). Sex discrimination under federal law is interpreted to cover discrimination based on sexual orientation and gender identity. Most of these laws require the employer to meet a specific size threshold (often 15 or more employees for Title VII and the ADA, and 20 or more for the ADEA).

Pennsylvania’s primary anti-discrimination statute is the Pennsylvania Human Relations Act (PHRA). The PHRA covers employers that have four or more employees, thus applying to many smaller businesses that might be exempt from federal thresholds. The PHRA mirrors federal law in several respects but includes ancestry and familial status as protected categories, expanding the scope of coverage. Familial status discrimination can entail anything from refusing to hire a parent because the employer assumes the individual’s caregiving obligations will interfere with work to denying training opportunities to workers with certain family responsibilities. Beyond that, employees who use guide or support animals because of a disability also receive specific protections under Pennsylvania law.

Moreover, local ordinances in cities such as Philadelphia and Pittsburgh go further. The Philadelphia Commission on Human Relations has authority to enforce regulations that forbid discrimination based on traits including race, sex, sexual orientation, gender identity, disability, marital status, and more. Pittsburgh’s Commission on Human Relations enforces similar provisions. Some local ordinances may cover a broader range of employers or add additional protected classes. In Philadelphia, for instance, coverage can extend to employers with fewer workers if certain conditions are met, and the deadlines for filing complaints may differ from those enforced by the state or EEOC. This creates multiple avenues for individuals to seek redress, as local commissions often have unique procedures, guidelines, or remedies.

Typically, these anti-discrimination protections apply to employees rather than independent contractors. In some cases, however, determining employment status can be challenging. Pennsylvania has become increasingly vigilant about the misclassification of workers, as many who are labeled independent contractors function more like employees. People uncertain of their status should review contractual terms, consider how the employer directs or controls their work, and verify if they qualify for protection under federal, state, or local law.

If you have questions or concerns about your rights under these laws, it may be helpful to consult with an employment discrimination lawyer in Scranton, Pennsylvania.

What Employment Discrimination Looks Like 

Employment discrimination refers to adverse actions that occur because an individual belongs to a protected class or has asserted certain legal rights. An adverse action involves a serious or material change in the terms and conditions of employment. Discriminatory actions may arise at any point in the employment relationship, from recruitment to hiring, firing, and promotion decisions. Some specific examples include:

• Refusal to Hire: An employer might bypass an otherwise qualified applicant because of the applicant’s race, disability, religion, or another protected characteristic. A restaurant might decline to hire older servers based on the false assumption that patrons prefer younger employees.
• Termination or Demotion: An employee with a consistent high-performance record might suddenly face termination or demotion soon after revealing an upcoming pregnancy or a serious medical condition.
• Harassment and Hostile Work Environment: Workers can face repeated slurs, jokes, or offensive remarks related to race, religion, ancestry, or disability. Over time, these actions may create fear, hostility, or intimidation that impairs an employee’s ability to do their job.
• Unequal Pay or Denied Promotion: A qualified employee might be passed over for a promotion in favor of a less qualified coworker, solely because the former falls into a protected category, such as being older or having a particular national origin.
• Withholding Reasonable Accommodations: If an employer refuses to provide accessible restrooms, flexible work hours for religious observances, or other adjustments that do not create an undue hardship, that refusal may be considered discriminatory.

If you have questions about your situation, a Scranton, Pennsylvania employment discrimination attorney can help you understand your rights and options.

Retaliation 

Both Pennsylvania and federal law prohibit retaliation, which generally occurs when an employer penalizes an individual for reporting or opposing discriminatory behavior, or for cooperating in an investigation or lawsuit. Examples of retaliation include:

• Termination or Demotion: If someone files a discrimination complaint or testifies on behalf of a coworker, the employer may unlawfully retaliate by firing or demoting them.
• Interfering with Opportunities: Denying promotions, raises, or key training programs to an employee who has made a complaint can constitute retaliation.
• Creating a Hostile Environment: An employer might ostracize, harass, or intimidate an individual who has spoken up, aiming to force that individual to leave the job or remain silent.

Crucially, the law protects employees who make good-faith complaints about discrimination, even if the complaint is later found to lack merit. If an individual can demonstrate that a negative job action followed closely on the heels of protected activity (like filing a complaint) and that the employer’s stated reasons are not credible, it may support a claim of retaliation.

Disparate Treatment vs. Disparate Impact 

Pennsylvania employees and job seekers may encounter two broad categories of discriminatory practices:

• Disparate Treatment: This occurs when an employer intentionally treats an employee or group less favorably. For instance, an employer might decline to give assignments that lead to promotion to workers of a certain race, or it might refuse to place pregnant employees in specific roles without any legitimate reason.
• Disparate Impact: Occasionally, an employer’s policy is neutral on its face but disproportionately affects people of a certain protected group. If the employer cannot show that the challenged policy is necessary for the business and there are no less discriminatory alternatives, the policy may be unlawful. For example, a hiring test that disproportionately excludes individuals of certain national origins may constitute disparate impact.

In proving a disparate treatment claim, an individual must typically show intentional bias. Disparate impact focuses less on motive and more on outcomes. Pennsylvania recognizes both theories under the PHRA, and individuals can pursue relief accordingly, depending on the facts of their situation.

Remedies for Employment Discrimination 

Workers who successfully prevail on a discrimination claim can receive a variety of monetary and non-monetary awards, depending on the statutes in play (federal law, the PHRA, or a local ordinance). Remedies may include:

• Back Pay: Compensation for wages and benefits lost between the initial incident and the final resolution or judgment.
• Front Pay: A projected sum for future wages lost when returning to the same workplace is not feasible.
• Compensatory Damages: This includes emotional distress, mental anguish, inconvenience, and injury to reputation. Federal law places caps on these damages, with varying limits based on employer size.
• Punitive Damages: If an employer’s actions were blatantly malicious or committed with reckless disregard for workers’ rights, punitive damages might be awarded as a deterrent.
• Attorney’s Fees and Costs: A prevailing claimant may be entitled to reimbursement for legal fees and certain litigation expenses.
• Injunctive or Equitable Relief: Courts sometimes order changes in company policies or require anti-discrimination training. Reinstatement or promotion opportunities can be mandated if appropriate.
• Liquidated Damages (in Age Discrimination Cases): Under the ADEA, willful violations may result in a doubling of back pay, termed “liquidated damages.”

Importantly, certain types of damages, particularly punitive and compensatory damages for pain and suffering, may not be available under some state or local laws or may be subject to stricter limitations. Each case is unique, and individuals should understand which remedies might apply under the circumstances. If you have questions about your legal options, speaking with an employment discrimination attorney in Scranton, Pennsylvania can help you better understand your rights and available remedies.

Reasonable Accommodations and the Interactive Process 

Under both federal standards (primarily the ADA) and Pennsylvania law (notably the PHRA), an employer must provide reasonable accommodations to qualified employees or applicants with disabilities, as well as for religious practices, as long as doing so does not impose an undue hardship on the employer. Reasonable accommodations often include:

• Adjusted Scheduling: Modifying an employee’s start or end time, allowing break periods for religious observance, or granting time off for medical treatment.
• Physical Modifications: Installing ramps, creating accessible parking, or rearranging the workspace so that an individual using assistive devices can navigate safely.
• Modified Duties or Equipment: Adapting equipment or tools so that an individual with a hearing or vision impairment can perform their job on equal footing.

The duty to accommodate includes participating in an interactive process. This means the employee should inform the employer of the need for an accommodation and, if asked, supply medical or religious documentation clarifying the scope of that need. The employer then examines potential solutions. Undue hardship exists if providing the accommodation results in significant difficulty or expense relative to the employer’s resources, or if it fundamentally disrupts business operations. For small employers, a costly structural modification may be deemed unreasonable. However, an employer’s rejection of an accommodation request without genuine consideration can constitute discrimination.

Factors that might constitute an undue hardship include the financial resources of the employer, the number of employees, the nature and costs of the accommodation, and any impact on workplace safety or efficiency. An employer asserting undue hardship generally bears the burden of showing that no feasible alternative accommodation exists or that the expense or disruption is substantial.

Pennsylvania’s At-Will Employment Framework 

Pennsylvania generally applies an at-will employment doctrine. At-will means that an employer can terminate an employee—or an employee can leave a position—for nearly any lawful reason or no reason at all. Nonetheless, an employer’s authority to discharge or discipline remains limited by numerous laws protecting certain employee rights. In other words, the at-will principle does not permit disciplinary or termination decisions that violate state, federal, or local anti-discrimination laws, and it does not override protections tied to specific protected categories. Consequently, claims for wrongful termination or unfair treatment often rest on showing that the employer’s action was discriminatory. Where an employee cannot make a connection to a protected class, protected activity, or another statutory safeguard, at-will norms may allow the employer to act freely. The primary check on at-will employment lies in anti-discrimination statutes and other legal frameworks (such as whistleblower laws).

Filing a Discrimination Complaint in Pennsylvania 

Individuals who believe they have suffered discrimination ordinarily must file with an administrative agency before going to court, unless a specific exception applies. In Pennsylvania, a person can submit a complaint to the Pennsylvania Human Relations Commission (PHRC) or, for federal claims, the EEOC. Key considerations include:

• Time Limits: Under the PHRA, a person generally has 180 days from the date of the alleged discriminatory act to file a complaint. Federal law, through the EEOC, allows up to 300 days in states like Pennsylvania that have their own agencies. Failing to file within these deadlines can mean losing the right to bring a claim.
• Mandatory Administrative Exhaustion: In most instances under federal law (Titles VII, ADA, ADEA), an employee must exhaust administrative remedies by filing a charge with the EEOC and receiving a “right-to-sue” letter before commencing a lawsuit in court. The same principle typically applies under the PHRA, although Pennsylvania law has specific procedures and time frames.
• Dual Filing: The PHRC and EEOC often have a “work-sharing” agreement, so individuals can request dual filing. This preserves both federal and state rights without having to submit two separate complaints, so long as the charges fall within the jurisdiction of both agencies.
• Local Commissions: In Philadelphia, individuals may file with the Philadelphia Commission on Human Relations if the alleged discrimination took place within city limits. Pittsburgh has a Pittsburgh Commission on Human Relations that enforces local anti-discrimination ordinances. The local deadlines can be shorter or longer depending on the commission’s rules, so individuals should promptly review local filing requirements.
• Investigation and Mediation: Agencies investigate allegations and may invite the parties to mediation or conciliation. Mediation can lead to early resolution if both parties agree on a settlement.
• Right-to-Sue Letters: If the agency dismisses the claim, issues a finding of no probable cause, or does not act on it within a certain time, it may issue a right-to-sue letter (federal) or equivalent notice (state). Once the individual receives such a notice, they are responsible for filing suit within the timeframe stated in the letter.

If you have questions about these processes, a Scranton, Pennsylvania employment discrimination lawyer can assist with evaluating your options and guiding you through each stage.

Interplay Between Federal, State, and Local Law 

Workers sometimes benefit from overlapping legal protections. For example, a pregnant individual at a small business with four employees in Philadelphia might not meet federal thresholds for coverage under Title VII or the ADA, yet could find relief under the PHRA and the city’s ordinance, which cover employers with fewer workers. In Pittsburgh, local law might also expand the number of protected traits or provide a complaint process that differs from the state-level PHRC.

Choosing which law(s) to invoke can depend on the employer’s size, the location of the workplace, the nature of the alleged discrimination, and the remedies sought. Some laws may cap certain damages or impose unique deadlines. Pursuing multiple avenues at once can maximize legal protection, though doing so may require navigating multiple procedures and meeting different deadlines.

Defenses Employers May Raise 

An employer accused of discrimination often contends that the action in question was unrelated to any protected characteristic. Common defenses include:

• Performance Issues: The employer might show documentation that the employee had consistent problems with attendance, tardiness, productivity, or misconduct.
• Economic or Business Necessity: If a business is downsizing for financial reasons, layoffs might legitimately affect multiple employees regardless of protected category, assuming the employer’s selection process does not discriminate.
• Bona Fide Occupational Qualification (BFOQ): In rare instances, an employer may defend a facially discriminatory policy by proving that the protected characteristic is essential for the job’s normal operation. However, the BFOQ defense is narrowly applied. Customer preference or general stereotypes do not typically suffice.

If an employee believes the employer’s justification is simply a cover (pretext), the employee may scrutinize how the employer treats similarly situated people. Inconsistencies or disparate outcomes for workers of different protected groups can undermine the employer’s stated reason.

Resources for People Facing Discrimination 

Various government agencies and organizations offer assistance to individuals who suspect they have experienced discrimination:

• Pennsylvania Human Relations Commission (PHRC): Reviews and investigates discrimination claims under the PHRA.
• Equal Employment Opportunity Commission (EEOC): The main federal agency handling workplace discrimination charges.
• Philadelphia Commission on Human Relations: Addresses discrimination claims specifically within Philadelphia. Its processes may vary from those used by the PHRC or EEOC.
• Pittsburgh Commission on Human Relations: Enforces Pittsburgh’s anti-discrimination ordinances.
• Community or Advocacy Organizations: Neighborhood or community-based groups, including those supporting older workers, LGBTQ+ individuals, immigrants, or persons with disabilities, often provide guidance or referrals.

People who believe they have encountered discrimination should preserve evidence, such as emails, employee handbooks, witness contact information, or performance reviews. Taking notes about key incidents can help establish a timeline and clarify the nature of the alleged discrimination.

Common Questions 

• What if My Employer Has Fewer Than Four Employees?

Many federal statutes require an employer to have at least 15 or 20 employees to incur liability. However, the PHRA can apply to employers with as few as four employees, and local ordinances in some municipalities may reach smaller employers or provide additional coverage. Confirming the employer’s size and which laws may apply is an essential first step.

• Can I Still Bring a Claim if I Quit?

Yes, under a constructive discharge theory, if working conditions are so objectively unbearable that a reasonable person would feel compelled to resign, the law may treat that resignation similarly to a termination. Courts generally require evidence of severe or pervasive conditions—mere inconvenience or disputes might not meet the high bar. Although constructive discharge claims can be challenging to prove, they remain viable if the environment genuinely leaves no alternative but to quit.

• What if My Employer Retaliates Against Me for Filing a Complaint?

Retaliation itself is independently prohibited under both state and federal law. If you face termination, demotion, harassment, or other adverse actions after complaining about discrimination, you may file a separate or amended claim. The key is showing a causal link between the complaint and the retaliatory act.

• How Do I Pay for an Attorney?

Some attorneys handle employment discrimination cases on a contingency fee basis, and many laws permit successful plaintiffs to recover attorney’s fees from their employers. Individuals should discuss and confirm any fee arrangement before proceeding with legal representation.

• What if the Discrimination Is Unintentional?

Unintentional discrimination may be unlawful when an apparently neutral policy disproportionately harms a protected group without a legitimate business necessity. This is referred to as “disparate impact.” If the employer cannot justify the policy or practice, it may be held liable under federal, state, or local standards.

• What Is the Significance of the At-Will Doctrine for My Case?

At-will employment is a staple of Pennsylvania labor law, meaning an employer can terminate employees for almost any lawful reason. However, it cannot do so based on illegal bias tied to a protected classification. Discrimination regulations provide meaningful limits to at-will terminations, safeguarding workers when protected rights or characteristics are implicated. Consequently, if you suspect that your termination ties back to, for instance, age, disability, race, or a complaint about harassment, you may still have the right to pursue a legal claim.

By understanding the distinctions among federal, state, and local protections, Pennsylvania workers and job applicants can better recognize workplace discrimination, determine whether they are covered by relevant laws, and move forward with the correct procedures for seeking relief. The various statutes and ordinances ultimately share the same aim: to foster a fair, respectful, and equitable employment environment for all workers. If you have questions about your rights or the claims process, consulting with an employment discrimination lawyer in Scranton, Pennsylvania, can help guide you through your options.

Assistance With Legal Issues in the Workplace

At Polishan Solfanelli, we understand how intimidating it can be to navigate workplace disputes on your own. Our experienced Scranton, Pennsylvania employment discrimination lawyers are committed to helping you evaluate your situation and develop a strategy that protects your rights. Whether you are facing discriminatory actions, need guidance on filing a formal complaint, or want to know more about your eligibility for remedies, our team strives to offer personalized legal support each step of the way. We recognize how important it is to have an advocate who listens to your concerns and works diligently to uphold fair treatment under the law. If you are worried about an unfair termination, a denied promotion, or other adverse actions, we can help you understand your legal options and pursue meaningful solutions. Contact Polishan Solfanelli at 570-562-4520 today to learn more about how we can guide you through these complex matters with true clarity.