Filing A ComplaintHow To File A Discrimination Complaint If you believe you have been the victim of unlawful discrimination, you may file a complaint with the PCHR using the PCHR Complaint of Discrimination form or a substantial equivalent. Your complaint must provide enough detail to inform the Commission and the respondent (the person or company named in your complaint as responsible) of the timing, location and facts of the alleged discrimination. Our staff can help you prepare and file a complaint.
It is your responsibility to make sure your complaint is correct, complete and filed in a timely manner. Your complaint must be filed within 300 days of the alleged act of discrimination, unless you have a valid legal reason for not filing within this period.
Neither you nor the respondent is required to hire an attorney when dealing with the PCHR. However, you have the right to have someone represent you, and the respondent often has an attorney represent them. What Happens After You File A Complaint? Once you have filed your complaint with the PCHR, you will not be able to file the same complaint with the Pennsylvania Human Relations Commission. If your complaint falls within the laws the U.S. Equal Employment Opportunity Commission (EEOC) enforces, we will file a copy of your complaint with the EEOC on your behalf, but the EEOC will not conduct its own investigation.
The PCHR will try to determine whether there is enough evidence to show that unlawful discrimination occurred. Your complaint will be given a docket number and assigned to an investigator. The investigator will send the respondent a copy of your complaint, which includes your name. You will receive a copy of the mailing that is sent to the respondent. If your complaint does not fit within the PCHR’s laws or is untimely, we will close your complaint quickly. We may also close your complaint quickly if we decide that we probably will not be able to find discrimination.
If we do not close your complaint quickly, the respondent will be required to answer your complaint within 30 days of the date they receive it and provide you with a copy of their answer. After you receive the respondent’s answer, you will be given 30 days to reply and submit any supporting documents. Failure to respond in a timely fashion could result in your complaint being dismissed. If more information is needed after receiving the respondent’s answer and your reply, PCHR staff will investigate your complaint. Once the PCHR has found enough information to make a decision regarding your complaint, you will be notified of the result by mail.
With respect to discrimination complaints, the Philadelphia Commission on Human Relations is a NEUTRAL decision-making agency. We do not serve as either side’s lawyer or advisor, and we do not prosecute the case for the complainant.
The job of the Commission is to:
• Investigate each complaint that is filed and decide whether there is substantial evidence of the alleged ordinance violation.
• Conduct a public adjudicatory hearing if substantial evidence is found, then rule based on the evidence received.
• Order remedies if the complainant provides at the hearing that discrimination occurred.
• Settle cases when possible. How Do We Investigate A Complaint? Once you have filed your complaint with the PCHR, you will not be able to file the same complaint with the Pennsylvania Human Relations Commission. If your complaint falls within the laws the U.S. Equal Employment Opportunity Commission (EEOC) enforces, we will file a copy of your complaint with the EEOC on your behalf, but the EEOC will not conduct its own investigation.
The PCHR will try to determine whether there is enough evidence to show that unlawful discrimination occurred. Your complaint will be given a docket number and assigned to an investigator. The investigator will send the respondent a copy of your complaint, which includes your name. You will receive a copy of the mailing that is sent to the respondent. If your complaint does not fit within the PCHR’s laws or is untimely, we will close your complaint quickly. We may also close your complaint quickly if we decide that we probably will not be able to find discrimination.
If we do not close your complaint quickly, the respondent will be required to answer your complaint within 30 days of the date they receive it and provide you with a copy of their answer. After you receive the respondent’s answer, you will be given 30 days to reply and submit any supporting documents. Failure to respond in a timely fashion could result in your complaint being dismissed. If more information is needed after receiving the respondent’s answer and your reply, PCHR staff will investigate your complaint. Once the PCHR has found enough information to make a decision regarding your complaint, you will be notified of the result by mail. How Will Your Complaint Be Resolved? Your complaint may be resolved without a complete investigation being conducted. This could occur if, for example:
• You and the respondent settle the complaint in writing. • You fail to cooperate with the investigation. • We are unable to locate you. • You decide you wish to take your case to court before the investigation is complete. (You will be responsible for finding your own attorney.) After a complete investigation, the investigator will compile the evidence collected and present it for consideration by the PCHR Commissioners. The PCHR investigator does not make any rulings on your complaint. All rulings are made by the PCHR Commissioners.
If the investigation does not produce enough evidence to show that discrimination occurred, a charge not substantiated finding will be made.
If the investigation finds probable cause to support the complaint, PCHR will attempt to settle the complaint as soon as possible by asking the respondent to (1) stop the specific discrimination mentioned in the complaint and (2) take any additional necessary steps to correct the discrimination found in the investigation. If there is no settlement after a probable cause finding, a public hearing will be held. Both you and the respondent will be required to present testimony under oath before the PCHR Commissioners. The Commissioners will make a decision on the evidence presented at the hearing. Their decision may include remedies for any injury suffered as a result of the discrimination. What Happens At An Adjudicatory Hearing? After a probable cause finding, a public adjudicatory hearing is held if the parties do not reach a voluntary settlement of the case. The adjudicatory hearing is a trial, but somewhat less formal than in court. The Chairperson of the Commission appoints one or more commissioners to serve as hearing commissioners. The hearing commissioners preside over the adjudicatory hearing and manage the hearing process. No one is required to have an attorney, but it is recommended. The Commission does not prosecute or present the case for the complainant.
At the adjudicatory hearing, the complainant is required to present evidence, such as witness testimony and documents, to show that unlawful discrimination has occurred and to prove what damages the complainant has incurred.
After the adjudicatory hearing, the hearing commissioners write a decision stating which party should win the case. If the hearing commissioners decide in favor of the complainant, the decision will include appropriate remedies. The ruling can be appealed to the appropriate state court. What Relief Can You Get? If the respondent is found liable after the adjudicatory hearing, the Commission may order one or more of the following types of remedies, based on the evidence of injury the complainant presented:
• Out-of-pocket Damages. Reimbursement for financial losses resulting from the discrimination, such as back pay, if denied a job, or moving costs, if forced out of an apartment.
• Emotional Distress Damages. Payment to compensate for the emotional injury that the complainant proved was caused by the unlawful discrimination.
• Punitive Damages. Payment up to $2,000 to the complainant if the respondent’s conduct was found to be willful, wanton, or in reckless disregard of the complainant’s rights.
• Attorney Fees and Costs. Payment for the reasonable work the complainant’s attorney performed on the case and reimbursement of hearing costs.
• Injunctive Relief. Orders that a respondent take certain steps to eliminate discriminatory practices or makes the complainant whole, such as changing a discriminatory policy, making premises wheelchair accessible, or offering the next available job or housing unit.
• Penalties. Payment to the City of Philadelphia up to $2,000 for each violation of the Fair Practices Ordinance. Can You Settle Your Complaint? The Commission encourages parties to settle cases on a voluntary basis at any time while a complaint is pending. The Commission will not pressure either side to settle but will facilitate discussion if both sides are interested. An investigator may discuss with the parties whether they wish to try to settle the case before the investigation is completed. Either party’s attorney or representative may contact the other to initiate settlement discussions at any time, without Commission involvement. If the parties reach agreement on settlement terms, the Commission will explain the procedures to close the case either by approved settlement agreement (with retained jurisdiction to seek enforcement) or by withdrawal of the complaint pursuant to a private settlement.
|
|