Complaint Filed Against You
The Complaint Process
If a complaint is filed with the commission naming you, your company or organization as a respondent, the commission will send the named respondent a copy of the complaint. This is called serving the complaint.
Respondents have 30 days from the date the complaint is served to provide the commission with a written, verified answer and send a copy to the complainant. If you are unable, for a good reason, to file an answer within this time, the commission may grant you an extension of no more than 30 additional days. But in no case will you have more than 60 days in which to respond.
Before you sign the answer, make sure it is correct to the best of your knowledge and belief. This is important, because Pennsylvania law provides penalties for persons who knowingly file false answers. Failure to answer a complaint may result in a judgment against you.
You, your company or organization have the right to be represented before the commission by a private attorney, if you so desire.
The complaint is reported to the Bureau of Professional and Occupational Affairs or the PA Department of State, if you or your agents are licensed through them.
If allegations against you are covered under federal laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) or Housing and Urban Development (HUD), PHRC will file the complaint with the appropriate federal agency.
The complaint against you will be investigated by a commission investigator. Names, dates, places, addresses and details should be as accurate as possible. Please make available to the investigator all witnesses and documents requested. Although the commission has the power to subpoena them, voluntary compliance will help speed the resolution of your case.
The law prohibits anyone from taking any action against an individual because he or she filed a complaint, or against a witness who has testified or assisted in a commission proceeding or against anyone who has otherwise opposed any practice forbidden by the Pennsylvania Human Relations Act. (This is called retaliation.)
Please keep all appointments with the commission and, if necessary, telephone to postpone an appointment.
Please keep your investigator advised of any change in your address or telephone number or the address or phone number of your attorney.
The Fact-Finding Conference and Further Investigation
A Fact-Finding Conference is often held by the commission as early as possible after the complaint is filed. Commission staff will conduct the conference, at which you and the complainant present evidence and documents. Fact-Finding Conferences are designed to speed up the investigation and possibly help reach a fair settlement.
Please note that a Fact-Finding Conference may not be held in your case. There are several reasons a Fact-Finding Conference may not be held: the case may be settled, a complainant or respondent may refuse to participate, or the investigator may determine that a conference is not necessary based upon all of the circumstances. If the complaint against you is not resolved at the Fact-Finding Conference, or if one is not held, the investigation will continue.
The investigator will interview the complainant, you and any other relevant witnesses, and will review all pertinent records and documents obtained either through voluntary cooperation or by subpoena.
You may be asked to clarify your defense in the light of new information, or to rebut further allegations of the complainant. If you should learn or remember any additional information, please notify your investigator immediately.
Results of the Investigation
The commission investigation may find either
- no probable cause, or lack of jurisdiction, and move to dismiss the complaint, or
- probable cause, and act to correct the discrimination and its effects.
Cases may also be resolved by a voluntary settlement (agreed to by both parties) prior to a formal finding or by an administrative closure if the case is withdrawn, the complainant has filed in court or other administrative reasons.
You will be notified by mail if the commission dismisses the case.
If, within one year after the filing of a complaint with the commission, the complaint is not yet resolved, or if the commission dismisses the complaint, the complainant may bring action against you in a Court of Common Pleas or Commonwealth Court.
If the investigation establishes probable cause, efforts to adjust the complaint through conciliation will take place as soon as possible. The respondent will be asked to 1) cease and desist from the specific discriminatory act or practice involved in the complaint; and 2) implement whatever actions, programs or compensation the commission deems necessary to remedy the discrimination uncovered in the investigation.
The Public Hearing
If after a probable cause finding there is no satisfactory adjustment (settlement), the commission may convene a Public Hearing* at which testimony under oath is presented. A decision will be rendered and a legally enforceable order issued. This order may be appealed to Commonwealth Court.
*In certain housing cases, parties will be permitted to elect court action instead of a PHRC Public Hearing.