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.
| PHRA | Title VII | |
|---|---|---|
| Minimum employees | 4 or more | 15 or more |
| Filing deadline | 180 days | 180 days (300 in PA via dual-filing) |
| Punitive damages | Generally not recoverable | Available against private employers |
| Compensatory damages | Available, including emotional distress | Available, capped by employer size |
| Attorney's fees | Available to prevailing complainant | Available to prevailing complainant |
| Filing agency | PHRC (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.