If you are acting as, and being treated as, an employee, then you have rights afforded yb state and/or federal law. Your first step in any discrimination claim is to file a charge of discrimination with either the state or federal agency.
A discrimination claim can be filed either with the state administrative agency, the Pennsylvania Human Relations Commission (PHRC) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.
The Pennsylvania anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 4 and 14 employees, you should file with the PHRC, as the EEOC enforces federal law which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency.
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