Pennsylvania Disability Discrimination Laws: Your Rights and Remedies

Quick Answer: Disability discrimination is illegal in Pennsylvania under the Pennsylvania Human Relations Act (PHRA), which covers employers with 4+ employees, and the federal Americans with Disabilities Act (ADA) (15+ employees). Employers must provide reasonable accommodations unless it causes undue hardship. File with PHRC within 180 days or EEOC within 300 days. PHRA has no damage caps.

Your disability shouldn't limit your career opportunities.

Laws Protecting Disabled Workers

Pennsylvania Human Relations Act (PHRA)

State protection:

• Covers employers with 4+ employees
• Prohibits disability discrimination
• Requires reasonable accommodation
• File with PHRC
• 180-day deadline
• No damage caps

Americans with Disabilities Act (ADA)

Federal protection:

• Covers employers with 15+ employees
• Broad disability definition
• Interactive process required
• File with EEOC
• 300-day deadline
• Damage caps apply

Key Advantage of PHRA

Broader coverage:

• More employers covered (4+ vs 15+)
• No damage caps
• State court option
• Complements ADA protections

Who Is Protected

Definition of Disability

Under PHRA and ADA:

• Physical or mental impairment
• Substantially limits major life activity
• Record of such impairment
• Regarded as having impairment

Major Life Activities

Include:

• Walking, standing, lifting
• Seeing, hearing, speaking
• Breathing
• Learning, concentrating
• Working
• Major bodily functions

Covered Conditions

Examples include:

• Mobility impairments
• Blindness, deafness
• Cancer
• Diabetes
• Epilepsy
• HIV/AIDS
• Mental health conditions
• Intellectual disabilities
• Learning disabilities
• Multiple sclerosis
• PTSD

Who's Not Covered

Exclusions:

• Current illegal drug use
• Compulsive gambling
• Kleptomania
• Temporary conditions (sometimes)

Types of Disability Discrimination

Disparate Treatment

Direct discrimination:

• Treating disabled workers worse
• Because of disability
• Firing, not hiring, demoting

Failure to Accommodate

Refusing to:

• Provide reasonable accommodations
• Engage in interactive process
• Modify policies when needed

Harassment

Hostile environment:

• Offensive comments about disability
• Mocking or ridicule
• Severe or pervasive conduct

Retaliation

Punishing for:

• Requesting accommodation
• Filing complaint
• Participating in investigation

Discriminatory Policies

Policies that:

• Screen out disabled applicants
• Not justified by business necessity
• Could be modified

Reasonable Accommodations

What Are They

Changes that:

• Enable disabled employee to work
• Don't cause undue hardship
• Level the playing field
• Remove barriers

Common Accommodations

Examples:

• Modified work schedule
• Telework/remote work
• Assistive technology
• Accessible workspace
• Job restructuring
• Modified equipment
• Leave for treatment
• Reassignment to vacant position

The Interactive Process

Employer must:

1. Receive accommodation request
2. Discuss with employee
3. Identify barriers
4. Explore options
5. Choose effective accommodation
6. Implement promptly

Your Responsibility

You should:

• Request accommodation
• Explain limitation (not diagnosis details)
• Suggest possible accommodations
• Provide medical documentation if requested
• Participate in process

Undue Hardship

Employer defense:

• Significant difficulty or expense
• Considering employer resources
• Nature of business
• Context-specific analysis

Medical Inquiries and Exams

Pre-Offer

Employer cannot:

• Ask about disability
• Require medical exam
• Ask about medical history

After Conditional Offer

Employer may:

• Require medical exam
• If required of all in job category
• Must be job-related

During Employment

Medical inquiries:

• Must be job-related
• Consistent with business necessity
• May request documentation for accommodation

Confidentiality

Medical information:

• Must be kept confidential
• Separate from personnel file
• Limited disclosure

Filing a Complaint

PHRC (State)

For PHRA claims:

• Pennsylvania Human Relations Commission
• 180-day deadline
• Phone: 717-787-4410
• Website: phrc.pa.gov

EEOC (Federal)

For ADA claims:

• Equal Employment Opportunity Commission
• 300-day deadline
• Phone: 1-800-669-4000

Dual Filing

Recommended strategy:

• File with both agencies
• Work-sharing agreement
• Preserves all options

Proving Your Case

Elements

Must show:

1. You have a disability
2. You're qualified for the job
3. Adverse action taken
4. Because of disability

For Accommodation Claim

Must show:

1. You have a disability
2. Employer knew of disability
3. You needed accommodation
4. Employer failed to provide
5. You were harmed

Evidence to Gather

Document:

• Medical records (relevant portions)
• Accommodation requests
• Employer responses
• Timeline of events
• Comparator treatment
• Performance history

Damages Available

Under PHRA

Can recover:

• Back pay
• Front pay
• Compensatory damages (no cap)
• Emotional distress
• Punitive damages
• Attorney's fees
• Reinstatement

Under ADA

Can recover:

• Back pay
• Compensatory damages (capped)
• Punitive damages (capped)
• Attorney's fees
• Reinstatement

ADA caps by employer size:

• 15-100 employees: $50,000
• 101-200: $100,000
• 201-500: $200,000
• 500+: $300,000

Common Scenarios

Scenario 1: Accommodation Denied

Situation: You have chronic back condition, requested ergonomic chair. Employer said no—"too expensive."

Analysis: Chair is typically reasonable accommodation. Document request, denial, cost. Ergonomic chairs are usually not undue hardship.

Scenario 2: Fired After Diagnosis

Situation: Disclosed cancer diagnosis. Within month, fired for "restructuring" but position still exists.

Analysis: Suspicious timing. Cancer is disability. If position filled or still exists, pretext for discrimination.

Scenario 3: No Interactive Process

Situation: Requested modified schedule for dialysis. Employer ignored request, then fired you for absences.

Analysis: Employer failed interactive process duty. Absences related to disability. File complaint.

Scenario 4: Regarded As Disabled

Situation: Had knee surgery, fully recovered. Employer won't let you return, says "worried about liability."

Analysis: "Regarded as" disabled—employer perceiving limitation. You can perform job. Discrimination.

Mental Health Disabilities

Protected Conditions

Include:

• Depression
• Anxiety disorders
• Bipolar disorder
• PTSD
• Schizophrenia
• OCD

Accommodations

May include:

• Flexible scheduling
• Quiet workspace
• Modified supervision
• Work from home
• Leave for treatment
• Breaks as needed

Disclosure Considerations

You decide:

• When to disclose
• How much to share
• Only need to explain limitation, not diagnosis
• Consider timing carefully

Employer Defenses

Undue Hardship

Employer must show:

• Cost is significant
• Would disrupt operations
• Considering all resources
• Good faith exploration done

Direct Threat

Employer may argue:

• You pose safety risk
• Based on objective evidence
• Current medical assessment
• Cannot be reduced by accommodation

Not Qualified

Employer may claim:

• Cannot perform essential functions
• Even with accommodation
• Lack required qualifications

Business Necessity

For policies:

• Challenged policy is necessary
• Job-related
• Consistently applied

Best Practices for Employees

Requesting Accommodations

Do:

• Put request in writing
• Explain what you need
• Suggest possible accommodations
• Follow up if no response
• Keep copies of everything

Don't:

• Demand specific solution
• Refuse to discuss alternatives
• Ignore employer's questions
• Wait too long to request

Documentation

Keep:

• Request letters
• Employer responses
• Medical documentation
• Performance reviews
• Emails about accommodation
• Timeline of events

Frequently Asked Questions

Do I have to disclose my disability?

Only if you need accommodation. Employer cannot ask about disability before job offer.

Can employer ask for medical documentation?

Yes, if documentation supports accommodation request. But only information related to limitation.

What if accommodation doesn't work?

Interactive process should continue. Try alternatives. Document what happened.

Can I be fired while on medical leave?

Depends on circumstances. Leave itself may be accommodation. Termination during leave raises suspicion.

What if employer says "too expensive"?

Not automatic defense. Must show actual undue hardship. Many accommodations cost little.

How long do I have to file?

180 days for PHRC. 300 days for EEOC.

Related Topics

• Pennsylvania Human Relations Act Guide
• Filing a PHRC Complaint
• Pennsylvania FMLA Guide
• Pennsylvania Workplace Discrimination

Take Action

If you face disability discrimination:

1. Document everything
2. Request accommodations in writing
3. Participate in interactive process
4. Keep medical records organized
5. Note the 180-day PHRC deadline
6. Consider dual filing (PHRC + EEOC)
7. Consult employment attorney

You have the right to work with your disability.

Legal Disclaimer

This article provides general information about disability discrimination in Pennsylvania and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Pennsylvania employment attorney.

For official information:

• Pennsylvania Human Relations Commission: https://www.phrc.pa.gov | 717-787-4410
• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov | 1-800-669-4000