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Pennsylvania Workplace Discrimination Laws: PHRA Protections

Workplace discrimination is illegal in Pennsylvania under both state and federal law. The Pennsylvania Human Rights Act (PHRA) provides state-level protections that in some ways exceed federal law by covering employers with 4 or more employees (compared to federal Title VII’s 15+ employee requirement).

If you work for a small employer (4-14 employees), Pennsylvania law may protect you even though federal law doesn’t. Understanding your rights under PHRA and how it compares to federal protections is critical if you’ve experienced workplace discrimination.

Pennsylvania Human Rights Act (PHRA): Your Primary State Protection

The Pennsylvania Human Rights Act (43 Pa. Stat. § 951 et seq.) is Pennsylvania’s comprehensive anti-discrimination law.

Who Is Protected

Protected characteristics under PHRA:

  • Race
  • Color
  • Religious creed
  • Ancestry
  • Age (40+)
  • Sex (including pregnancy; courts have extended to sexual orientation and gender identity in some cases)
  • National origin
  • Disability (physical and mental)
  • Familial status (housing only, not employment)
  • Use of guide or support animals (disability-related)

GED or high school diploma holder status: PHRA also prohibits discrimination based on educational attainment (unique provision)

Which Employers Must Comply

Covered employers: 4 or more employees

This is a key advantage over federal law:

Law Employer Size Requirement
Pennsylvania Human Rights Act (PHRA) 4+ employees ✅
Federal Title VII 15+ employees
Federal ADA 15+ employees
Federal ADEA 20+ employees

What this means: If you work for an employer with 4-14 employees, you have state PHRA protection even though federal law doesn’t apply.

Example: You work for a 9-person law firm in Pittsburgh. Your supervising attorney fires you because of your religion. Federal Title VII doesn’t apply (only 9 employees, requires 15+), but Pennsylvania Human Rights Act does apply (covers 4+ employees). You can file complaint with Pennsylvania Human Relations Commission.

Gap for very small employers: If your employer has fewer than 4 employees, you have no state PHRA protection. You’d need federal law if employer has 15+ employees.

What PHRA Prohibits

Illegal discrimination in:

  • Hiring: Refusing to hire based on protected characteristics
  • Firing: Terminating employees because of protected class
  • Promotions: Denying advancement opportunities
  • Compensation: Paying less based on protected characteristics
  • Benefits: Discriminating in benefits, insurance, retirement plans
  • Job assignments: Giving less desirable work based on protected class
  • Training: Denying professional development opportunities
  • Harassment: Creating hostile work environment based on protected characteristics

Protected Characteristics Under PHRA

Race and Color

Illegal conduct:

  • Hiring, firing, or promotion decisions based on race
  • Racial harassment or slurs
  • Segregating employees by race
  • Denying opportunities based on race
  • Treating employees differently because of skin color

Example: Your manager at a Philadelphia restaurant makes racist comments, assigns you to “back of house” positions while white employees with less experience work “front of house” customer-facing roles, and gives you poor performance reviews despite quality work. After you complain to HR, you’re fired. This is race discrimination and retaliation under PHRA.

Religious Creed

Requires reasonable accommodation of sincerely held religious beliefs unless undue hardship:

Accommodation examples:

  • Time off for religious observances (Sabbath, holy days)
  • Prayer breaks during workday
  • Religious dress/grooming (hijab, yarmulke, turban, cross)
  • Exemption from tasks conflicting with religious beliefs

Example: You’re Jewish and cannot work from sundown Friday to sundown Saturday (Shabbat). You request accommodation (no Friday evening or Saturday shifts). Employer refuses without analyzing whether accommodation would cause undue hardship. If accommodation wouldn’t cause undue hardship, this refusal violates PHRA.

Sex, Pregnancy, and Sexual Orientation

PHRA prohibits sex discrimination, which Pennsylvania courts have interpreted to include:

  • Biological sex (male/female)
  • Pregnancy, childbirth, and related conditions
  • Sexual orientation (gay, lesbian, bisexual) – evolving case law and some federal court rulings in Pennsylvania
  • Gender identity (transgender, non-binary) – evolving case law

Pregnancy accommodation: PHRA requires reasonable accommodation for pregnancy-related limitations

Example: You’re pregnant and request accommodation for lifting restrictions (no lifting over 25 pounds). Employer provides light duty for employees with sports injuries but refuses for pregnancy, then fires you when you can’t perform heavy lifting. This is pregnancy discrimination under PHRA.

Philadelphia Fair Practices Ordinance: Philadelphia city law explicitly prohibits discrimination based on sexual orientation and gender identity for employers with 1+ employees—broader than PHRA.

Age (40+)

Protects workers 40 and older from age-based discrimination:

Illegal conduct:

  • Firing older workers to hire younger
  • Age-based comments (“too old,” “overqualified,” “not a good fit”)
  • Denying training or promotion due to age
  • Targeting older workers in layoffs
  • Forced retirement (with limited exceptions)

Example: Company conducts reduction-in-force. Of 18 laid off employees, 16 are over 50. Of 22 retained employees, 20 are under 40. Older laid-off employees had better performance reviews and more experience than younger retained employees. This statistical disparity suggests age discrimination under PHRA.

Disability

Protects individuals with physical or mental disabilities and requires reasonable accommodation:

Covered disabilities:

  • Physical impairments substantially limiting major life activities
  • Mental impairments (anxiety, depression, PTSD, etc.)
  • Record of disability
  • Regarded as having disability

Reasonable accommodation: Modifications enabling qualified individuals with disabilities to perform essential job functions

Examples:

  • Modified work schedule
  • Telework arrangements
  • Accessible workspace
  • Assistive technology
  • Modified job duties (if doesn’t cause undue hardship)
  • Leave of absence for treatment

Example: You have chronic migraines and request accommodation to work from home 1-2 days/week during severe episodes. Your job can be performed remotely without issue. Employer denies without analyzing whether it would cause undue hardship. This likely violates PHRA’s reasonable accommodation requirement.

National Origin and Ancestry

Prohibits discrimination based on:

  • Country of origin
  • Ethnicity
  • Accent
  • Ancestry
  • Place of birth

“English-only” rules: Generally illegal unless business necessity

Example: Employer prohibits employees from speaking Spanish during lunch breaks in break room, even when not interacting with customers or performing job duties. Unless employer shows compelling business necessity, this blanket policy violates PHRA.

GED or High School Diploma Holder

Unique PHRA provision: Prohibits discrimination based on possession of GED certificate or high school diploma

What this means: Employer cannot treat GED holders differently from high school diploma holders if both meet educational requirements

Example: Job posting requires “high school diploma or equivalent” but employer systematically rejects GED holders while accepting diploma holders. This violates PHRA.

How to Prove Discrimination Under PHRA

McDonnell Douglas Burden-Shifting Framework

Step 1: Prima facie case (you prove):

  1. You’re in protected class
  2. You were qualified for job/position
  3. You suffered adverse employment action (fired, demoted, not hired, etc.)
  4. Circumstances suggest discrimination (replaced by person outside protected class, similarly situated employees treated better, discriminatory comments, etc.)

Step 2: Employer provides legitimate, non-discriminatory reason:

  • “We fired him for poor performance”
  • “We eliminated position due to restructuring”

Step 3: You prove reason is pretext (cover-up for discrimination):

  • Reason is factually false
  • Reason wasn’t real motivation
  • Evidence shows real reason was discriminatory

Types of Evidence

Direct evidence (rare but powerful):

  • Explicit discriminatory statements
  • Written policies showing discrimination
  • Admission of discriminatory motive

Circumstantial evidence (more common):

  • Comparative evidence: Similarly situated employees outside protected class treated better
  • Temporal proximity: Adverse action shortly after employer learns of protected characteristic or after complaint
  • Pretext: Employer’s stated reason is false or inconsistent
  • Statistical evidence: Pattern of discriminating against protected class
  • Discriminatory comments: Age-related, race-related, sex-related remarks showing bias

Example of strong case:

  • You’re 62-year-old employee in Harrisburg
  • Manager makes age-related comments (“need younger blood,” “time for fresh perspectives”)
  • You’re denied promotion; 28-year-old with less experience and weaker performance promoted
  • You complain to HR about age discrimination
  • Two weeks later, fired for “reorganization” even though your position continues with younger replacement
  • Other older employees in department also targeted in “reorganization” while younger employees retained

This combines: direct evidence (age comments), comparative evidence (less qualified younger employee promoted), temporal proximity (fired 2 weeks after complaint), pretext (position continues with younger replacement), statistical evidence (pattern of targeting older workers).

Damages Under PHRA

Back Pay and Front Pay

Back pay: Lost wages from discrimination to judgment (NO CAP)

Front pay: Future lost earnings if reinstatement not feasible (NO CAP)

Compensatory Damages (NO CAP)

Emotional distress, pain and suffering, mental anguish – NO STATUTORY CAP under PHRA

This is a major advantage over federal Title VII, which caps compensatory and punitive damages at $50,000-$300,000 depending on employer size.

Can recover for:

  • Emotional pain and suffering
  • Anxiety, depression, PTSD
  • Humiliation and embarrassment
  • Loss of enjoyment of life
  • Therapy and counseling costs
  • Reputational harm
  • Physical manifestations of emotional distress

Example: You prove race discrimination under PHRA at 30-employee company. Jury awards:

  • $95,000 back pay
  • $400,000 compensatory damages (emotional distress, therapy costs, reputational harm)
  • $500,000 punitive damages
  • Total: $995,000 + attorney’s fees

Under federal Title VII at this employer size (15-100 employees), compensatory + punitive would be capped at $50,000. Under PHRA, no cap—you receive full award.

Punitive Damages (NO CAP)

To punish egregious discrimination – NO STATUTORY CAP under PHRA

When awarded: Employer acted with malice or reckless indifference

Example: Employer has received multiple prior complaints about supervisor’s racial harassment but promotes supervisor anyway. When you complain, employer ignores complaint and fires you. Jury awards punitive damages to punish employer’s reckless indifference to discrimination.

Reinstatement and Attorney’s Fees

Reinstatement: Court can order employer to rehire you

Attorney’s fees: Prevailing plaintiffs recover reasonable attorney’s fees from employer

Filing Discrimination Complaint in Pennsylvania

Step 1: File with Pennsylvania Human Relations Commission (PHRC)

For PHRA discrimination claims:

Harrisburg Office (Headquarters):

  • Phone: 717-787-4410
  • Address: 333 Market Street, 8th Floor, Harrisburg, PA 17101

Philadelphia Regional Office:

  • Phone: 215-560-2496
  • Address: 110 North 8th Street, Suite 501, Philadelphia, PA 19107

Pittsburgh Regional Office:

  • Phone: 412-565-5395
  • Address: 301 5th Avenue, Suite 390, Pittsburgh, PA 15222

File within: 180 days (6 months) of discriminatory act for PHRC

CRITICAL NOTE: PHRC deadline is shorter than EEOC’s 300 days. File with PHRC promptly to preserve state claim.

Online filing: Check phrc.pa.gov

Step 2: Dual Filing with EEOC (Recommended)

Work-sharing agreement: PHRC and EEOC have work-sharing agreement

File with EEOC: 300-day deadline

Dual filing: Filing with PHRC or EEOC can automatically cross-file with other agency (check at filing)

Philadelphia EEOC:

  • Phone: 1-800-669-4000 or 215-440-2600

Pittsburgh EEOC:

  • Phone: 1-800-669-4000 or 412-644-3444

Best practice: File with both PHRC and EEOC to preserve all options, especially given PHRC’s shorter 180-day deadline.

Step 3: PHRC Investigation

Process:

  1. PHRC investigates complaint
  2. Contacts employer for response
  3. Reviews evidence
  4. Issues determination (probable cause or no probable cause)
  5. If probable cause, attempts conciliation
  6. If conciliation fails, public hearing before PHRC or release to court

Timeline: 6-18 months (can be longer)

Step 4: File Lawsuit

If PHRC doesn’t resolve:

  • File lawsuit in Pennsylvania state court within 2 years of filing PHRC complaint
  • Can request release to court from PHRC to file lawsuit before PHRC completes investigation

Alternatively: Proceed to public hearing before PHRC administrative law judge

Strongly recommend: Hire employment attorney for lawsuit or hearing

PHRA vs. Federal Law Comparison

Coverage Comparison

Feature PHRA (Pennsylvania) Title VII (Federal)
Employer size 4+ employees ✅ 15+ employees
Protected classes 8 categories + GED status 5 categories (Title VII)
Compensatory damages cap No cap ✅ $50k-$300k (capped)
Punitive damages cap No cap ✅ $50k-$300k (capped)
Filing deadline 180 days 300 days ✅

PHRA advantages:

  • ✅ Covers smaller employers (4+ vs. 15+)
  • ✅ No damage caps (vs. federal caps)
  • ✅ State court option (may be faster than federal court)
  • ✅ Unique protections (GED status)

Federal advantages:

  • ✅ Longer filing deadline (300 days vs. 180)

Strategy: If you qualify under both, file under both to preserve all options. PHRA’s lack of damage caps makes it attractive for larger damage awards. EEOC’s longer deadline provides more time to file.

Common Discrimination Scenarios in Pennsylvania

Scenario 1: Small Employer (PHRA Protects, Federal Doesn’t)

Situation: You work for a 6-person architectural firm in Philadelphia. You’re 55 years old. New owner takes over and immediately starts making age-related comments (“need younger energy,” “time to modernize”). Three months later, owner fires you and hires 27-year-old replacement with less experience.

Why this is illegal:

  • Age discrimination under PHRA
  • Pennsylvania Human Rights Act applies (6 employees meets 4+ threshold)
  • Federal ADEA doesn’t apply (only 6 employees, requires 20+), but state law does
  • Direct evidence of age bias (explicit age-related statements)
  • Comparative evidence (less qualified younger replacement)

What to do:

  • File PHRC complaint within 180 days
  • Document age-based comments
  • Show you were qualified and performing satisfactorily
  • Show younger, less qualified replacement
  • File lawsuit in Pennsylvania state court within 2 years

Scenario 2: Pregnancy Accommodation Denial

Situation: You’re pregnant with complications. Doctor restricts you from standing for extended periods. You request accommodation (stool at cash register). Employer provides stools for employees with back injuries but refuses for pregnancy, stating “pregnancy isn’t a disability.” You’re fired when you can’t stand for 8-hour shifts.

Why this is illegal:

  • Pregnancy discrimination under PHRA
  • Employer must provide reasonable accommodation for pregnancy
  • Disparate treatment (provides stools for back injuries but not pregnancy)
  • Firing due to pregnancy-related limitation is discrimination

What to do:

  • File PHRC complaint within 180 days
  • Document pregnancy accommodation request and denial
  • Show employer provides similar accommodations for other temporary medical conditions
  • Emphasize disparate treatment
  • Obtain medical documentation of restrictions

Scenario 3: Religious Accommodation Denied

Situation: You’re Muslim and need to pray five times daily, including twice during your shift (10-15 minutes total). You request accommodation (two brief prayer breaks). Employer refuses without analyzing whether accommodation would cause undue hardship and tells you “we don’t make special arrangements for religion.”

Why this is illegal:

  • Religious discrimination under PHRA
  • Employer must provide reasonable accommodation for sincerely held religious beliefs unless undue hardship
  • Employer didn’t engage in interactive process or analyze hardship
  • Brief prayer breaks (10-15 minutes) typically don’t cause undue hardship

What to do:

  • File PHRC complaint within 180 days
  • Document religious accommodation request
  • Show your sincerely held religious belief
  • Demonstrate employer didn’t analyze whether accommodation would cause undue hardship
  • Emphasize employer refused without good-faith consideration

Scenario 4: Disability – Failure to Accommodate

Situation: You have anxiety disorder and request accommodation (work from home 2 days/week). Your job can be performed remotely (company already allows remote work for some employees). Employer denies request, saying “we need everyone in the office” but continues allowing other employees to work remotely. You’re eventually fired for “performance issues” that arose after denial of accommodation.

Why this is illegal:

  • Disability discrimination under PHRA
  • Employer must provide reasonable accommodation unless undue hardship
  • Employer’s reason is pretext (allows other employees to work remotely)
  • Comparative evidence (similarly situated employees without disabilities allowed to work remotely)

What to do:

  • File PHRC complaint within 180 days
  • Document disability (obtain medical documentation)
  • Document accommodation request and denial
  • Show employer allows other employees same accommodation
  • Show “performance issues” arose after denial of needed accommodation

Retaliation Under PHRA

PHRA prohibits retaliation for opposing discrimination or participating in proceedings:

Protected activities:

  • Filing PHRC complaint
  • Testifying in PHRC investigation
  • Opposing discrimination (complaining to HR, confronting discriminator)
  • Supporting coworker’s discrimination complaint

Illegal retaliation:

  • Firing
  • Demotion or pay cut
  • Poor performance reviews
  • Hostile treatment
  • Any adverse employment action

Retaliation often easier to prove than underlying discrimination: Don’t need to prove discrimination was valid—just that you reasonably believed it was.

Example: You file PHRC charge alleging sex discrimination. PHRC finds no probable cause. However, you were fired 7 days after filing charge. You can still win retaliation claim even though underlying sex discrimination claim failed—because you had reasonable belief discrimination occurred and suffered retaliation for filing charge.

Philadelphia-Specific Protections

Philadelphia Fair Practices Ordinance

Broader protections in Philadelphia:

Protected characteristics (beyond PHRA):

  • Sexual orientation (explicit)
  • Gender identity (explicit)
  • Marital status
  • Domestic or sexual violence victim status

Covered employers: 1 or more employees (even broader than PHRA’s 4+)

Philadelphia Commission on Human Relations:

  • Phone: 215-686-4670
  • File complaints for violations of Philadelphia Fair Practices Ordinance
  • File within: 180 days

Example: You work for a 2-person nonprofit in Philadelphia. Employer fires you because you’re transgender. PHRA doesn’t apply (only 2 employees, requires 4+). Federal Title VII doesn’t apply (only 2 employees, requires 15+). But Philadelphia Fair Practices Ordinance applies (covers 1+ employees in Philadelphia, explicit gender identity protection). File with Philadelphia Commission on Human Relations.

Philadelphia Paid Sick Leave

See: Pennsylvania Leave Laws for details on Philadelphia’s paid sick leave ordinance

Filing Deadlines Summary

Action Deadline Critical Notes
File PHRC complaint 180 days From discriminatory act—SHORTER than federal
File EEOC charge 300 days From discriminatory act
File Pennsylvania lawsuit 2 years From filing PHRC complaint

PHRC’s 180-day deadline is much shorter than EEOC’s 300 days—file promptly to preserve Pennsylvania state claim.

Resources for Pennsylvania Workers

State Agency

Pennsylvania Human Relations Commission (PHRC):

  • Harrisburg: 717-787-4410
  • Philadelphia: 215-560-2496
  • Pittsburgh: 412-565-5395
  • Website: phrc.pa.gov

Philadelphia Commission on Human Relations:

Federal Agency

EEOC – Philadelphia District Office:

  • Phone: 1-800-669-4000 or 215-440-2600
  • Website: eeoc.gov

EEOC – Pittsburgh Area Office:

  • Phone: 1-800-669-4000 or 412-644-3444

Free Legal Assistance

Pennsylvania Legal Aid Network:

Philadelphia Legal Assistance:

Neighborhood Legal Services Association (Pittsburgh):

  • Phone: 412-255-6700
  • Website: nlsa.us

Related Topics

Get Help with Your Pennsylvania Discrimination Claim

Think you’ve experienced workplace discrimination in Pennsylvania? Get a free consultation from an employment law expert who understands Pennsylvania Human Rights Act protections.

Pennsylvania’s PHRA provides important protections for workers at employers with 4+ employees (broader than federal law’s 15+ requirement) and allows unlimited compensatory and punitive damages (unlike federal caps). Understanding PHRC filing deadlines (180 days—shorter than federal) and your rights is critical to protecting yourself.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Pennsylvania employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Pennsylvania. Employment Law Aid is not a law firm and does not provide legal representation.