Employment Lawyers in Delaware County: Discrimination, Age and Retaliation

Age, race, sex and disability discrimination, retaliation and wrongful dismissal under federal and Pennsylvania law.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Before you can sue for employment discrimination in Pennsylvania you normally have to file with an agency first: the Pennsylvania Human Relations Commission within 180 days, or the federal EEOC within 300 days. Miss both and the claim is usually over regardless of how strong the facts are.

The deadline that ends most claims before they start

Employment discrimination is one of the few areas where you cannot simply go to court. You have to exhaust an administrative process first, and it carries its own clock.

Route Deadline Notes
Pennsylvania Human Relations Commission 180 days from the act complained of Covers employers with four or more employees
Federal EEOC 300 days from the act complained of The longer federal window applies in Pennsylvania because the state has its own enforcement agency

People routinely spend six months going through an internal grievance, an appeal and a conversation with HR, and arrive at a lawyer’s office after both windows have closed. The internal process does not pause either deadline.

At will employment, and what it does not permit

Pennsylvania is an at will state. An employer can end your employment for a good reason, a poor reason or no reason at all, and most dismissals that feel unjust are lawful.

What an employer cannot do is dismiss you because of a protected characteristic, or because you complained about discrimination, filed a workers compensation claim or reported something unlawful. The question is never whether the dismissal was fair. It is whether the real reason was a prohibited one.

Age discrimination

The federal Age Discrimination in Employment Act protects employees aged 40 and over, and the Pennsylvania Human Relations Act runs alongside it. Age cases are rarely proved by a single remark, although a remark helps. They are usually built from the pattern: who was let go, who was kept, who replaced them, what the stated reason was and whether it holds up.

Where an employer gives a reason that the evidence contradicts, that inconsistency is itself evidence. Lawyers call it pretext, and it is what most age cases turn on.

Retaliation stands on its own

If you complained about discrimination and were then dismissed, demoted or moved, the retaliation claim survives even where the original complaint fails. You do not have to have been right about the underlying discrimination. You have to have complained in good faith.

Where these cases are heard

Pennsylvania Human Relations Act claims are brought in the Court of Common Pleas, which for this county sits at the Delaware County courthouse in Media. Federal claims under the ADEA and Title VII go to the Eastern District of Pennsylvania in Philadelphia. Many cases carry both, which is one of the reasons the two deadlines matter so much.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

How long do I have to file a discrimination claim in Pennsylvania?

180 days to file with the Pennsylvania Human Relations Commission, or 300 days with the federal EEOC. Going through your employer's internal grievance process does not extend either deadline.

Can I be sacked for no reason in Pennsylvania?

Generally yes. Pennsylvania is an at will state, so an employer may end employment for a good reason, a poor reason or none. What it cannot do is act because of a protected characteristic, or because you complained about discrimination or reported something unlawful.

What age does age discrimination law protect?

The federal Age Discrimination in Employment Act protects employees aged 40 and over. The Pennsylvania Human Relations Act provides a parallel state claim.

Do I have to prove the discrimination to win a retaliation claim?

No. A retaliation claim can succeed even where the underlying discrimination complaint fails, provided you raised the complaint in good faith and suffered for it.

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Free case review

Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980