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  3. Pennsylvania Human Relations Act (PHRA)

Legal Reference

Pennsylvania Human Relations Act (PHRA)

Plain-language guide to the Pennsylvania Human Relations Act (PHRA) — the state law that protects PA workers from discrimination, retaliation, and harassment. Coverage, deadlines, and how it differs from Title VII.

Type
Statute

Jurisdiction
Pennsylvania

Citation
43 P.S. § 951 et seq.

Agency
Pennsylvania Human Relations Commission (PHRC)

Filing deadline
180 days

What it is

The Pennsylvania Human Relations Act, enacted in 1955, is the state's foundational civil rights law. It makes it unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against an individual based on protected characteristics such as race, color, religious creed, ancestry, age (40 and over), sex, national origin, or non-job-related disability. It also prohibits retaliation against employees who oppose discriminatory practices or participate in a discrimination investigation.

The PHRA is administered by the Pennsylvania Human Relations Commission (PHRC), the state agency that investigates discrimination charges, conducts conciliation, and — in cases that cannot be resolved — holds public hearings before its Commissioners.

For most Pennsylvania workers facing discrimination, the PHRA is not a substitute for federal protections like Title VII. It runs alongside them, often filed in parallel, and in important respects reaches further than federal law.

Where it comes from

  • Statute: 43 P.S. §§ 951–963 (the codified Pennsylvania Human Relations Act)
  • Lead provision: § 955 — declaration of unlawful discriminatory practices
  • Filing window: § 959 — 180 days from the alleged discriminatory act
  • Administering agency: Pennsylvania Human Relations Commission (43 P.S. § 956)

The PHRA has been amended periodically since 1955 to expand its protected classes and refine its enforcement procedures. In 2018, the PHRC issued formal guidance interpreting the statutory term "sex" to include sexual orientation and gender identity for purposes of investigation and enforcement; Pennsylvania appellate courts have generally followed similar reasoning, though the statute itself has not been amended to add these terms expressly.

Who it applies to

The PHRA reaches a meaningfully wider population of Pennsylvania workplaces than Title VII does.

PHRATitle VII
Minimum employees4 or more15 or more
Filing deadline180 days180 days (300 in PA via dual-filing)
Punitive damagesGenerally not recoverableAvailable against private employers
Compensatory damagesAvailable, including emotional distressAvailable, capped by employer size
Attorney's feesAvailable to prevailing complainantAvailable to prevailing complainant
Filing agencyPHRC (or dual-filed with EEOC)EEOC (or dual-filed with PHRC)

That four-employee threshold matters. A worker at a six-person shop in Bala Cynwyd has no Title VII remedy against the employer — but they may have a full PHRA claim, with the same protected classes, a state-agency investigation, and the right to sue in state court if the matter is not resolved.

The PHRA also covers domains beyond employment, including housing, education, and public accommodations, each with its own set of protected classes and procedures. This entry focuses on the employment provisions.

What it means in practice

Scenario 1 — A small employer. A 7-person dental practice in Bryn Mawr terminates a hygienist three weeks after she returns from maternity leave, citing "fit." She has no Title VII claim — the practice is below the 15-employee threshold — but she may file a PHRA charge with PHRC alleging sex discrimination and retaliation. The PHRC investigates; if it finds probable cause, it can hold a public hearing. If conciliation fails or one year passes without final agency action, she can request a right-to-sue notice and bring the claim in the Court of Common Pleas.

Scenario 2 — Dual-filed charge. A warehouse worker in Philadelphia is harassed by a supervisor based on his national origin. He files a charge with the EEOC; because Pennsylvania is a "deferral state" under a federal–state work-sharing agreement, the EEOC automatically forwards the charge to PHRC for parallel processing. He preserves both federal Title VII rights (with damage caps tied to employer size) and state PHRA rights (no punitive damages, but no employer-size cap on compensatory damages either). Ultimately he can bring claims under either or both statutes in a single lawsuit.

Scenario 3 — Retaliation after a complaint. A nurse reports to HR that her manager has been making sexually explicit comments. Two months later, she is reassigned to night shifts and her responsibilities are reduced. Even if the underlying harassment claim is contested, the PHRA's separate anti-retaliation provision (§ 955(d)) protects employees who oppose unlawful practices. A retaliation claim can succeed even where the underlying discrimination claim does not.

Common Questions

Does the PHRA apply to small businesses?

Yes. The PHRA applies to any employer in Pennsylvania with **four or more employees**. That is meaningfully smaller than Title VII's 15-employee threshold, which is why workers at small businesses often have a PHRA claim even when they have no federal claim.

How long do I have to file a PHRA charge?

**180 days from the discriminatory act.** This deadline is strict — the PHRC has limited discretion to accept late charges. If the discrimination is ongoing, each separate act may restart the clock, but a worker who waits past 180 days from a clearly discrete event (a termination, a denial of promotion, a specific harassing incident) typically loses the right to file under the PHRA.

Can I file with the EEOC and PHRC at the same time?

Yes — and in practice charges are usually dual-filed automatically. Pennsylvania has a work-sharing agreement with the EEOC; a charge filed with one agency is treated as filed with the other on the same date. This preserves rights under both Title VII and the PHRA without separate filings.

Do I have to file with PHRC before I can sue in court?

Yes for PHRA claims. Pennsylvania law requires administrative exhaustion. After one year passes without final agency action, a complainant may request a right-to-sue notice and file the claim in court. Filing in court before the agency process concludes (without a notice) typically results in dismissal.

Does the PHRA protect against discrimination based on sexual orientation or gender identity?

Pennsylvania has not amended the PHRA to add "sexual orientation" or "gender identity" as enumerated protected classes. However, the PHRC's 2018 interpretive guidance treats discrimination on these grounds as a form of unlawful sex discrimination under the PHRA, and several Pennsylvania courts have followed this reasoning. The federal Supreme Court reached an analogous conclusion under Title VII in *Bostock v. Clayton County* (2020). Workers facing this kind of discrimination should not assume they are unprotected — speak with an attorney about how current Pennsylvania case law applies to your specific facts.

What damages can I recover under the PHRA?

Available remedies generally include back pay, front pay, compensatory damages (including for emotional distress), attorney's fees, and equitable relief such as reinstatement. Pennsylvania courts have historically held that **punitive damages are not available under the PHRA** — a meaningful contrast with Title VII, which permits punitives against private employers (subject to caps). For that reason, plaintiffs often pursue both PHRA and Title VII claims in the same suit when both apply.

Related Entries


  • Title VII of the Civil Rights Act of 1964
    Plain-language guide to Title VII — the federal law banning workplace discrimination based on race, color, religion, sex, or national origin. Coverage,…

  • Pennsylvania Human Relations Commission (PHRC)
    Plain-language guide to the Pennsylvania Human Relations Commission — the state agency that investigates discrimination charges, conducts conciliation, and litigates cases under…

  • Hostile Work Environment
    Plain-language guide to hostile work environment claims in Pennsylvania — what conduct rises to the legal standard, who is liable, and how…

  • Retaliation (Anti-Retaliation Provisions)
    Plain-language guide to workplace retaliation under federal and Pennsylvania law — what protected activity is, what counts as an adverse action, and…

  • Employment Claims — Statute of Limitations
    Plain-language guide to the deadlines for filing employment-discrimination, retaliation, FMLA, wage, and other employment-related claims in Pennsylvania. Federal and state windows compared.

Last reviewed April 2026

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If your situation involves any of the issues described above, deadlines are short. The Law Office of Steven T. Auerbach represents Pennsylvania workers and individuals in employment, workers’ compensation, and civil matters.

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This page is for general informational purposes. It is not legal advice and does not create an attorney–client relationship. Pennsylvania law and its interpretation continue to evolve. For advice about a specific situation, consult a Pennsylvania-licensed attorney. Past results do not guarantee similar outcomes. Pennsylvania Rule of Professional Conduct 7.1.

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