Pennsylvania Workplace Discrimination Law: PHRA Rights & Protections (2026)

The Pennsylvania Human Relations Act (PHRA) provides discrimination protections for employees at businesses with 4 or more employees—broader coverage than federal Title VII's 15-employee threshold. Understanding PHRA protections is essential for Pennsylvania workers.

Quick Facts: Pennsylvania Discrimination Law

Protected Classes Under PHRA

Covered Categories

PHRA prohibits discrimination based on:

• Race
• Color
• Religious creed
• Ancestry
• Age (40+)
• Sex (including pregnancy)
• National origin
• Non-job-related handicap or disability
• Use of guide or support animals
• GED vs. diploma

Local Additions

Philadelphia adds:

• Sexual orientation
• Gender identity
• Domestic/sexual violence victim status

Pittsburgh adds:

• Sexual orientation
• Gender identity

Types of Discrimination

Disparate Treatment

Intentional discrimination:

• Refusing to hire based on protected class
• Termination because of protected status
• Unequal pay or opportunities

Disparate Impact

Neutral policies with discriminatory effect:

• Must lack business justification

Harassment

Hostile work environment based on protected class:

• Severe or pervasive conduct
• Alters working conditions

Retaliation

Cannot punish for:

• Filing PHRC complaints
• Opposing discrimination
• Participating in investigations

Filing a Discrimination Complaint

Pennsylvania Human Relations Commission

Deadline: 180 days from discriminatory act Phone: 717-787-4410 Website: phrc.pa.gov

Regional offices:

• Philadelphia
• Pittsburgh
• Harrisburg

EEOC

Deadline: 300 days Phone: 1-800-669-4000

Cross-filing preserves both state and federal rights.

Process

1. File charge with PHRC
2. Investigation
3. Finding (probable cause or dismissal)
4. Conciliation if probable cause
5. Public hearing if no resolution
6. Right to file in court

Proving Discrimination

Burden Shifting

McDonnell Douglas framework:

1. Employee establishes prima facie case
2. Employer states legitimate reason
3. Employee proves pretext

Evidence

• Direct discriminatory statements
• Comparative treatment of others
• Pattern of conduct
• Statistical evidence
• Timing of adverse actions

Damages Available

Under PHRA

• Back pay
• Front pay
• Compensatory damages
• Attorney's fees

Generally no punitive damages under PHRA

Federal Claims

Filing federal claim may allow:

• Punitive damages (up to $300,000)
• Compensatory damages

Common Questions

What makes PHRA different from Title VII?

PHRA covers smaller employers (4+ vs. 15+) but has shorter deadline (180 days vs. 300 days) and generally no punitive damages.

Can I file with both PHRC and EEOC?

Yes. Cross-filing preserves both claims. The agencies have a worksharing agreement.

What if my employer is in Philadelphia?

You have additional local protections for sexual orientation, gender identity, and other categories under Philadelphia's Fair Practices Ordinance.

Finding Legal Help

Free Resources

• PHRC: phrc.pa.gov{rel="nofollow"} | 717-787-4410
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
• PA Law Help: palawhelp.org

Employment Attorneys

Most offer free consultations and work on contingency.

Related Resources

• Pennsylvania Wrongful Termination
• Pennsylvania Sexual Harassment
• Pennsylvania Workplace Retaliation
• Philadelphia Employment Law

Legal Disclaimer

This guide provides general information about Pennsylvania workplace discrimination law and is not legal advice. For advice about your situation, consult a licensed Pennsylvania employment attorney.

Official Resources:

• Pennsylvania Human Relations Commission: phrc.pa.gov{rel="nofollow"} | 717-787-4410
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000