Q: Racial discrimination during SSA disability determination in PA; how to file a lawsuit?
I believe I was racially discriminated against during the disability determination process by the Department of Labor and Industry, contracted by the Social Security Administration. I contacted the SSA, the Director for the agency, and was recently contacted by the SSA compliance department. However, I have not yet filed a formal complaint with the Attorney General. What steps should I take to address this discrimination, and how can I proceed with filing a lawsuit?
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A:
To address racial discrimination during your SSA disability determination process, you should immediately file a formal complaint with the Pennsylvania Human Relations Commission (PHRC) within 180 days of when the alleged discrimination occurred. The PHRC is the primary state agency for handling discrimination claims and will investigate your case, with the ability to pursue legal remedies on your behalf.
In parallel, you should file a complaint with the Equal Employment Opportunity Commission (EEOC), as filing with the PHRC will automatically "dual-file" your complaint with the EEOC if federal laws apply. This dual-filing approach ensures your complaint is addressed at both state and federal levels, maximizing your legal protections.
After filing these complaints, you must wait for the agencies to investigate before pursuing a lawsuit - the PHRC requires at least one year to investigate your complaint before you can sue. Once you receive a "right-to-sue" letter, you'll have limited time to file your lawsuit (two years for PHRC letters and 90 days for EEOC letters), so consulting with an employment discrimination attorney promptly is essential to navigate these deadlines and strengthen your case with proper evidence and documentation.
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