(Originally written in June, 2009)
The Office of Special Counsel is one of a number of federal and state agencies that workers can turn to when they are facing employment discrimination. Each of these agencies assist with violations of specific laws. The challenge is to find which agency to go to for which type of complaint.
In this article we will discuss several laws related to employment discrimination, and provide contact information and procedures for the agencies that deal with violations of these laws.
The Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC) OSC enforces discrimination provisions of the Immigration and Naturalization Act (INA), including:
- Citizenship status discrimination
- National origin discrimination (for companies with 4-14 employees)
- Document abuse
- Intimidation/ Retaliation against employees making a charge.
When facing one of these practices, workers have up to 180 days to file a complaint with the OSC. To file charges contact OSC at 1-800-255-7688, or go to the website below to fill out a charge form in English, Spanish, Vietnamese, or Chinese:
http://www.usdoj.gov/crt/osc/htm/charge.htm
The Equal Employment Opportunity Commission (EEOC) The EEOC deals with complaints about several types of employment discrimination when committed by employers with 15 or more workers. They enforce the following laws.
Title VII of the Civil Rights Act of 1964: Title VII prohibits discrimination in employment based on any of the following protected classes: Race or Color, National Origin, Religion, and Sex (including based on pregnancy). This includes discrimination in hiring, firing, compensation & benefits, and promotion. It also prohibits harassment and retaliation.
Age Discrimination in Employment Act (ADEA): ADEA prohibits discrimination based on age against workers over the age of 40. The Americans with Disabilities Act of 1990 (ADA): ADA prohibits discrimination against the disabled in many contexts including employment, housing, government services, and telecommunication, but the EEOC only deals with those related to employment. ADA not only prohibits discrimination but requires that employers make reasonable accommodations when requested by qualified workers with disabilities.
In Pennsylvania, workers have up to 300 days to file charges with the EEOC. Charges can be filed by appearing in person or by mailing in a charge form to the closer of the two offices. Cases of clients who appear in person will typically be expedited. Clients who mail in charges may have to wait a month or more before they receive any response.:
Philadelphia District EEOC Office
801 Market Street, Suite 1300
Philadelphia, PA 19107-3127
Pittsburgh Area EEOC Office
William S. Moorhead Federal Building,Suite 1112
1000 Liberty Ave.
Pittsburgh, PA 15222-4004).
For more information about filing a charge call 1-800-669-4000 or click on the web link below:
Pennsylvania Human Relations Commission: The PHRC handles a wide variety of discrimination complaints which are covered by state laws. When filing charges with the EEOC, you can choose to have a copy of the charge be sent to the PHRC, so that if there are relevant state laws they can also be investigated. For an explanation of the state laws covered by PHRC go to:
http://www.eeoc.gov/facts/howtofil.html
Harrisburg Regional OfficeRiverfront Office Center
1101-1125 S. Front Street, 5th Floor
Harrisburg, PA 17104-2515
Phone: (717) 787-9784
Philadelphia Regional Office110 North 8th Street, Suite 501Philadelphia, PA 19107Phone: (215) 560-2496
Pittsburgh Regional Office11th Floor State Office Building300 Liberty Avenue, Pittsburgh, PA 15222Phone: (412) 565-5395
The Veterans Employment and Training Service (VETS): VETS enforces the Uniformed Services Employment and Reemployment Rights Act (USERRA) which:
prohibits discrimination against veterans and members of the military
requires that employers grant up to five years of leave to workers performing National Guard and other military service
requires that workers be reinstated in the previous jobs without loss of benefits
prohibits employers from firing service members without cause for up to one year
requires that disabled veterans be given preference for federal jobs for which they are qualified
More information can be found at:
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