Pennsylvania LGBTQ Workplace Discrimination Laws

Quick Answer: Pennsylvania protects LGBTQ workers through PHRA interpretation covering sexual orientation and gender identity at employers with 4+ employees. Additionally, many Pennsylvania cities including Philadelphia and Pittsburgh have explicit LGBTQ protections. Federal Title VII also applies after Bostock (15+ employees).

Pennsylvania provides significant LGBTQ workplace protections.

Pennsylvania LGBTQ Protections

PHRA Coverage

Pennsylvania Human Relations Commission:

• Interprets "sex" to include sexual orientation
• Interprets "sex" to include gender identity
• Covers employers with 4+ employees
• 180-day filing deadline

Federal Title VII

After Bostock (2020):

• Sexual orientation protected
• Gender identity protected
• 15+ employee employers
• 300-day deadline with worksharing

Local Ordinances

Additional protections:

• Philadelphia: Explicit LGBTQ protection
• Pittsburgh: Explicit protection
• Many other municipalities
• May cover smaller employers

What's Protected

Sexual Orientation

Includes:

• Gay employees
• Lesbian employees
• Bisexual employees
• Perceived orientation

Gender Identity

Includes:

• Transgender employees
• Non-binary employees
• Gender non-conforming
• Transitioning employees

Protected Activities

Cannot be penalized for:

• Coming out
• Transitioning
• Discussing orientation
• Supporting LGBTQ causes

What's Prohibited

Hiring

Cannot:

• Ask about orientation
• Refuse hire based on LGBTQ status
• Consider gender identity
• Discriminate based on perceived status

Workplace Treatment

Cannot:

• Fire based on LGBTQ status
• Harass LGBTQ employees
• Deny promotions
• Treat differently

Harassment

Prohibited:

• Anti-LGBTQ slurs
• Hostile environment
• Misgendering intentionally
• Outing employees

Bathroom/Facilities

Generally:

• Employees use facilities matching identity
• Transitioning employees protected
• Cannot require medical documentation

Filing Complaints

PHRC (State)

Pennsylvania Human Relations Commission:

• Phone: 717-787-4410
• Philadelphia: 215-560-2496
• Pittsburgh: 412-565-5395
• Deadline: 180 days

Local Agencies

Also consider:

• Philadelphia Commission on Human Relations
• Pittsburgh Commission on Human Relations
• Check your municipality

EEOC (Federal)

Also available:

• Phone: 1-800-669-4000
• 300-day deadline
• 15+ employee employers

Proving LGBTQ Discrimination

Elements

Must show:

• LGBTQ status (or perceived)
• Employer knew or perceived
• Adverse action taken
• LGBTQ status was factor

Direct Evidence

Shows intent:

• Anti-LGBTQ comments
• Stated bias
• Discriminatory statements

Circumstantial Evidence

Patterns:

• Different treatment
• Timing (after coming out)
• Pretextual reasons
• Comments about presentation

Common Scenarios

Scenario 1: Fired After Coming Out

Situation: Terminated shortly after disclosing gay/lesbian status.

Analysis: Protected under PHRA and Title VII. Timing is evidence.

Scenario 2: Transitioning Employee

Situation: Employer hostile after announcing transition.

Analysis: Gender identity protected. Document all incidents.

Scenario 3: Bathroom Access

Situation: Told cannot use bathroom matching gender identity.

Analysis: Generally protected. May need to work with HR.

Scenario 4: Harassment

Situation: Coworkers use slurs, employer ignores complaints.

Analysis: Employer must address harassment. File complaint if ignored.

Scenario 5: Small Employer

Situation: Work for 8-person company, facing discrimination.

Analysis: PHRA covers 4+ employees. Check local ordinances too.

Philadelphia Protections

Fair Practices Ordinance

Provides:

• Explicit sexual orientation protection
• Explicit gender identity protection
• City contractors requirements
• Philadelphia Commission enforcement

Filing in Philadelphia

Philadelphia Commission on Human Relations:

• Phone: 215-686-4670
• Additional local remedy
• May have different procedures

Pittsburgh Protections

Human Relations Code

Provides:

• Sexual orientation protection
• Gender identity protection
• Pittsburgh Commission enforcement

Filing in Pittsburgh

Pittsburgh Commission on Human Relations:

• Phone: 412-255-2600
• Local enforcement option

Remedies Available

PHRC Relief

May order:

• Reinstatement
• Back pay
• Policy changes
• Training

PHRA Advantages

Court damages:

• Unlimited compensatory damages
• Unlimited punitive damages
• Attorney's fees

Transgender-Specific Issues

Name and Pronoun Use

Employers should:

• Use chosen name
• Use correct pronouns
• Update records as requested

Dress Codes

Must allow:

• Dress consistent with gender identity
• Cannot enforce binary rules against trans employees

Medical Needs

Considerations:

• Transition-related leave
• Medical privacy
• Insurance coverage issues

Frequently Asked Questions

Is sexual orientation protected in Pennsylvania?

Yes, through PHRA interpretation, federal Title VII (15+ employees), and many local ordinances.

Is gender identity protected?

Yes, same protections apply to gender identity.

What if my employer has 8 employees?

PHRA covers 4+ employees. You're protected under state law.

Can I use the bathroom matching my gender identity?

Generally yes. Employers should accommodate gender identity.

What's the deadline to file?

180 days with PHRC for state claims.

Related Topics

• Pennsylvania Workplace Discrimination
• Pennsylvania PHRA Guide
• Filing PHRC Complaint
• Pennsylvania Employment Law Hub

Take Action

If facing LGBTQ discrimination:

1. Document all incidents
2. Check local ordinances
3. Note 180-day PHRC deadline
4. Preserve evidence
5. Consult employment attorney

Legal Disclaimer

This article provides general information about LGBTQ discrimination in Pennsylvania and is not legal advice. For specific advice, consult a licensed Pennsylvania employment attorney.

For official information:

• PHRC: https://www.phrc.pa.gov | 717-787-4410
• Philadelphia CHR: 215-686-4670
• Pittsburgh CHR: 412-255-2600