Subchapter B. GENERAL REQUIREMENTS
Sec.
42.11. [Reserved].
42.12. Caption.
42.13. Number of copies.
42.14. Time of filing.§ 42.11. [Reserved].
Source The provisions of this § 42.11 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; reserved April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial page (86990).
Notes of Decisions A claim filed with the EEOC and PHRC 223 days after termination is a commencement of proceedings under State or local law if the discrimination occurs in a deferral State serving as the State equivalent of the EEOC and triggers the 300-day statute of limitations under 42 U.S.C. § 2000—5(e), even though the State claim is dismissed for failure to comply with the 90-day statute of limitations contained in subsection (a); the court also noted that 16 Pa. Code § 42.11(c) provides that a complaint is deemed filed when received by the PHRC. Shaffer v. National Can Corp., 565 F. Supp. 909 (E.D. Pa. 1983).
Commission action may be involved by a verified complaint transmitted from a federal agency, since nothing requires that a complainant file in person, the exclusive action provision of the Pennsylvania Human Relations Act, 43 P. S. § 962(b), only bars those who have previously sought relief under the laws of the Commonwealth rather than a federal remedy, and 16 Pa. Code § 42.11 preserves commission discretion to entertain complaints in noncompliance with 16 Pa. Code § 42.31 (relating to commencement of proceedings by complaint under the acts). Lukus v. Westinghouse Electric Corp. 419 A.2d 431 (Pa. Super. 1980).
§ 42.12. Caption.
(a) Filings in any proceeding before the Commission shall contain a caption setting forth the names of the parties, the docket number of the action, and the name of the pleading or motion, and shall be entitled ‘‘Commonwealth of Pennsylvania—Governor’s Office—Pennsylvania Human Relations Commission.’’
(b) Subsection (a) supplements 1 Pa. Code § 31.5(a) (relating to communications and filings generally) and 1 Pa. Code § 33.1 (relating to title).
Source The provisions of this § 42.12 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909.
Cross References This section cited in 16 Pa. Code § 42.34 (relating to motions).
§ 42.13. Number of copies.
(a) Except as otherwise directed or permitted by the Commission, and except as provided by § 42.121 (relating to briefs), there shall be furnished to the Commission an original and two conformed copies of pleadings, submittals or documents, other than correspondence, which are submitted to the Commission.
(b) Subsection (a) supersedes 1 Pa. Code § 33.15 (relating to number of copies).
Source The provisions of this § 42.13 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909.
§ 42.14. Time of filing.
(a) The complaint shall be filed within 180 days from the occurrence of the alleged unlawful discriminatory practice, but the computation of the 180 days does not include a period of time which is excludable as a result of waiver, estoppel or equitable tolling. If the alleged unlawful discriminatory practice is of a continuing nature, the date of the occurrence of the practice will be deemed to be any date subsequent to the occurrence of the practice up to and including the date upon which the unlawful discriminatory practice shall have ceased.
(b) A complaint filed under the Fair Educational Opportunities Act shall be filed as specified in subsection (a) except that the complaint shall be filed within 6 months from the date of the occurrence of the alleged unfair educational practice.
(c) A complaint will be deemed filed on the date received by the Commission.
(d) Complaints that are not verified or that do not otherwise fully conform with a requirement of a complaint before the Commission will be considered filed on the date received by the Commission but may be quashed, as justice may require, if the nonconformity is not remedied by amendment or otherwise within a reasonable time. Prior to the quashing of a complaint, the Commission will notify the complainant, in writing, and will provide an opportunity to explain why the complaint should not be quashed under this section.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 31.11 (relating to timely filing required).
Source The provisions of this § 42.14 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5897. Immediately preceding text appears at serial pages (158601) to (158602).
Notes of Decisions Tolling
The employe’s filing of her charge of discrimination more than 2 1/2 years after the last alleged discriminatory act was timely, because the filing of an earlier complaint by a coemploye tolled the statute of limitations even though the district court ultimately denied class certification; the commencement of a class action suspends the applicable statute as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action. Cortes v. R. I. Enterprises, Inc. 95 F. Supp. 2d 255 (M. D. Pa. 2000).
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