Pennsylvania Human Relations Act (PHRA): Complete Guide

Quick Answer: The Pennsylvania Human Relations Act (PHRA) is Pennsylvania's primary anti-discrimination law, covering employers with 4 or more employees—more protective than federal law's 15-employee threshold. PHRA protects against discrimination based on race, color, religion, ancestry, national origin, sex, age (40+), disability, and other characteristics. File with the Pennsylvania Human Relations Commission (PHRC) within 180 days. PHRA has no caps on compensatory damages.

Pennsylvania law provides broader protection than federal law.

What Is the PHRA

Pennsylvania's Civil Rights Law

The PHRA:

• Enacted in 1955
• Pennsylvania's main anti-discrimination statute
• Covers employment, housing, public accommodations
• Enforced by PHRC
• Model for other state laws

Purpose

PHRA aims to:

• Eliminate discrimination
• Ensure equal opportunity
• Protect Pennsylvania residents
• Promote inclusive workplaces

Who's Covered

Employer Coverage

PHRA covers employers with:

• 4 or more employees
• Much broader than federal law
• Most PA businesses included
• Small business employees protected

Coverage Comparison

Who's an Employee

PHRA covers:

• Full-time workers
• Part-time workers
• Temporary employees
• Applicants
• Former employees (retaliation)

Protected Classes Under PHRA

Race and Color

Cannot discriminate based on:

• Race
• Color
• Skin tone
• Racial characteristics

National Origin and Ancestry

Protected from discrimination for:

• National origin
• Ancestry
• Ethnic background
• Birthplace

Religion

Cannot discriminate based on:

• Religious beliefs
• Religious practices
• Religious observance
• Lack of religious belief

Sex

Includes:

• Gender
• Pregnancy
• Childbirth
• Related medical conditions

Age

Protected:

• Workers 40 and older
• Same as federal ADEA
• Covers smaller employers

Disability

Cannot discriminate based on:

• Physical disability
• Mental disability
• Perceived disability
• Record of disability

Additional Protections

PHRA also protects:

• Use of guide or support animal
• GED vs. high school diploma
• Familial status (housing context)

Types of Prohibited Conduct

Disparate Treatment

Direct discrimination:

• Treating employee differently
• Because of protected characteristic
• Intent to discriminate

Disparate Impact

Neutral policies that:

• Disproportionately affect protected group
• Not justified by business necessity
• Have discriminatory effect

Harassment

Prohibited harassment:

• Based on protected class
• Creates hostile environment
• Severe or pervasive conduct

Retaliation

Cannot punish for:

• Filing discrimination complaint
• Participating in investigation
• Opposing discriminatory practices
• Testifying in proceedings

Failure to Accommodate

Must accommodate:

• Religious practices
• Disabilities
• Unless undue hardship

PHRA vs. Federal Law

Key Differences

PHRA advantages:

Broader Coverage

PHRA protects more workers:

• Employees of small businesses
• 4-14 employee companies
• Millions more Pennsylvanians covered

No Damage Caps

Significant advantage:

• Federal Title VII caps compensatory damages
• PHRA has no caps
• Can recover full compensation
• Important for severe cases

Faster to Court

After PHRC process:

• Can file in state court
• May be faster than federal
• Jury trial available

Filing a PHRA Complaint

Pennsylvania Human Relations Commission

Contact PHRC:

• Main office: Harrisburg
• Regional offices available
• Phone: 717-787-4410
• Website: phrc.pa.gov

Filing Deadline

Critical timeline:

• 180 days from discriminatory act
• Shorter than federal 300 days
• Mark your calendar
• File promptly

What to Include

Your complaint should have:

• Your contact information
• Employer information
• Protected class
• Discriminatory conduct
• Dates of incidents
• Witnesses if known
• Impact on you

Investigation Process

After filing:

1. PHRC reviews complaint
2. Notifies employer
3. Investigates allegations
4. May attempt mediation
5. Issues determination
6. Possible hearing

Administrative Process

Initial Review

PHRC will:

• Evaluate jurisdiction
• Assess timeliness
• Determine protected class
• Begin investigation

Mediation Option

PHRC offers:

• Voluntary mediation
• Neutral mediator
• Confidential process
• Can settle early

Investigation

PHRC investigates:

• Requests information
• Interviews parties
• Reviews documents
• Gathers evidence

Determination

PHRC decides:

• Probable cause found
• No probable cause
• Dismissal options

Public Hearing

If probable cause:

• Formal hearing available
• Before hearing examiner
• Present evidence
• Witnesses testify

Going to Court

Right to Sue

Can file lawsuit:

• After exhausting PHRC
• Or if PHRC delays
• In state court
• Federal court if federal claims too

Court Options

File in:

• Court of Common Pleas
• Federal court (with federal claims)
• Jury trial available

What to Prove

Elements of discrimination:

1. Member of protected class
2. Qualified for position
3. Adverse action taken
4. Circumstances suggest discrimination

Remedies Under PHRA

Compensatory Damages

Can recover:

• Back pay
• Front pay
• Emotional distress
• Compensatory damages
• No caps

Equitable Relief

Court can order:

• Reinstatement
• Promotion
• Policy changes
• Training requirements

Attorney's Fees

If you prevail:

• Reasonable attorney's fees
• Costs of litigation
• Makes legal help accessible

Punitive Damages

In egregious cases:

• Punitive damages available
• Deter future misconduct
• No statutory cap

Common PHRA Claims

Discriminatory Termination

Fired because of:

• Race, color
• Sex, pregnancy
• Age, disability
• Religion, national origin

Failure to Hire

Not hired because of:

• Protected characteristic
• Discriminatory reasons
• Despite qualifications

Harassment

Hostile environment:

• Sexual harassment
• Racial harassment
• Other protected class harassment

Promotion Denial

Passed over for:

• Discriminatory reasons
• Less qualified promoted
• Pattern of exclusion

Unequal Terms

Different treatment in:

• Pay
• Benefits
• Assignments
• Discipline

Employer Defenses

Legitimate Business Reason

Employer may argue:

• Non-discriminatory reason
• Performance issues
• Policy violation
• Business necessity

Bona Fide Occupational Qualification

Limited defense:

• Protected class genuinely necessary
• Very narrow exception
• Rarely successful

Undue Hardship

For accommodation:

• Significant difficulty or expense
• Must show burden
• Context-specific

Building Your Case

Documentation

Gather:

• Personnel records
• Performance reviews
• Emails and communications
• Witness names
• Timeline of events

Comparator Evidence

Show:

• How others treated differently
• Who was promoted instead
• Patterns in decisions

Statements

Document:

• Discriminatory comments
• When, where, who heard
• Context

Impact Evidence

Prove damages:

• Lost wages
• Emotional harm
• Medical records if relevant

Special Considerations

Dual Filing

Strategic option:

• File with both PHRC and EEOC
• Cross-filing arrangement exists
• Preserves all options
• Different deadlines apply

Statute of Limitations

For court action:

• 2 years after right to sue
• Track your deadlines carefully

Class Actions

Group claims:

• Pattern and practice cases
• Multiple employees affected
• May strengthen claim

Frequently Asked Questions

What does PHRA cover?

Employment discrimination based on race, color, religion, ancestry, national origin, sex, age (40+), disability, and use of guide animals.

How many employees must employer have?

4 or more. This is much lower than federal law's 15-employee requirement.

How long do I have to file?

180 days from the discriminatory act. This is shorter than federal law's 300 days.

Are there damage caps?

No. Unlike federal law, PHRA has no caps on compensatory damages.

Can I sue in court?

Yes. After exhausting administrative process with PHRC, or if PHRC delays.

Should I file with PHRC and EEOC?

Often yes. Dual filing preserves options under both state and federal law.

Related Topics

• Pennsylvania Workplace Discrimination
• Filing a PHRC Complaint
• Pennsylvania At-Will Employment
• Pennsylvania Employment Law Hub

Take Action

If you face discrimination in Pennsylvania:

1. Document incidents thoroughly
2. Note the 180-day deadline
3. File with PHRC promptly
4. Consider dual filing with EEOC
5. Consult an employment attorney
6. Preserve all evidence

PHRA provides strong protections. Use them.

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Legal Disclaimer

This article provides general information about the Pennsylvania Human Relations Act 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