Tuesday, November 01, 2005

employment - discrimination - PHRA - "employment agency"

Nethken v. Pa. Civil Service Commission - Commonwealth Court - November 1, 2005


The Pa. Civil Services Commission is an "employment agency" under the Pa. Human Relations Act, 43 PS sec. 951 et seq., and can be liable for age discrimination.

Plaintiff stated prima facie case of age discrimination when she was not put on a list of eligibles solely because she graduated from college in 1974, when job posting called for recent grad (1999). Lower court judgment on liability upheld.

D. Marritz
MidPenn Legal Services