§ 6320. Protection from employment discrimination.

445 words·~2 min read·/pa/title-23/chapter-63/6320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Basis for relief.-- A person may commence an action for appropriate relief if all of the following apply:

(1)The person is required to report under section 6311 (relating to persons required to report suspected child abuse) or encouraged to report under section 6312 (relating to persons encouraged to report suspected child abuse).

(2)The person acted in good faith in making or causing the report of suspected child abuse to be made.

(3)As a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment.

(b)Applicability.-- This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under section 6311 and is subject to conviction under section 6319 (relating to penalties) for failure to report or to refer.

(c)Location.-- An action under this section must be filed in the court of common pleas of the county in which the alleged unlawful discharge or discrimination occurred.

(d)Relief.-- Upon a finding in favor of the plaintiff, the court may grant appropriate relief, which may include reinstatement of the plaintiff with back pay.

(e)Departmental intervention.-- The department may intervene in an action commenced under this section.

23c6320v

(Apr. 15, 2014, P.L.425, No.34, eff. Dec. 31, 2014)

2014 Amendment. Act 34 added section 6320.

23c6331h

SUBCHAPTER C

POWERS AND DUTIES OF DEPARTMENT

Sec.

6331. Establishment of Statewide database.

6332. Establishment of Statewide toll-free telephone number.

6333. Continuous availability of department.

6334. Disposition of complaints received.

6334.1. Responsibility for investigation.

6335. Access to information in Statewide database.

6336. Information in Statewide database.

6337. Disposition and expunction of unfounded reports and general protective services reports.

6338. Disposition of founded and indicated reports.

6338.1. Expunction of information of perpetrator who was under 18 years of age when child abuse was committed.

6339. Confidentiality of reports.

6340. Release of information in confidential reports.

6340.1. Exchange of information.

6341. Amendment or expunction of information.

6342. Studies of data in records.

6343. Investigating performance of county agency.

6343.1. Citizen review panels.

6344. Employees having contact with children; adoptive and foster parents.

6344.1. Information relating to certified or licensed child-care home residents.

6344.2. Volunteers having contact with children.

6344.3. Continued employment or participation in program, activity or service.

6344.4. Recertification.

6345. Audits by Attorney General.

6346. Cooperation of other agencies.

6347. Reports to Governor and General Assembly.

6348. Regulations.

6349. Penalties.

23c6331s