The threat of discrimination claims has become a basic part of the landscape for businesses both small and large. Particularly since Anita Hill became a household name, many if not most personnel decisions pose at least some risk of being construed, or misconstrued, as evidencing an employer's intent to illegally discriminate against one or more employees.
Sexual harassment is categorized as a form of discrimination on the basis of sex.
The Pennsylvania Human Relations Act and the Americans with Disabilities Act also provide protections against discrimination on the basis of non-job related handicaps or disabilities. However, ADA claims involve considerations very different from race and gender-based discrimination, and are beyond the scope of this article. It is impossible to entirely eliminate the risk of a claim for unlawful discrimination. In America, anyone can sue anyone for anything. However, the courts and administrative agencies charged with handling discrimination claims have various procedural devices available to dispose of frivolous claims prior to trial.