What it is
The PHRC is an independent state agency, established by the Pennsylvania Human Relations Act, with jurisdiction to enforce anti-discrimination law in employment, housing, education, and public accommodations. It is composed of 11 Commissioners appointed by the Governor with Senate confirmation, supported by professional staff including investigators, conciliators, and attorneys.
The PHRC's principal functions:
1. Receive charges of discrimination under the PHRA 2. Investigate charges to determine whether there is probable cause to believe a violation occurred 3. Conciliate — attempt to resolve charges through negotiated settlement 4. Hold public hearings before its Commissioners in cases that proceed to formal adjudication 5. Issue orders including damages, injunctive relief, and other remedies 6. Educate and train Pennsylvania employers, workers, and the public on anti-discrimination law
For a Pennsylvania worker, the PHRC is the gatekeeper for state-law employment-discrimination claims. PHRA claims must be filed with the PHRC before they can proceed to court — the administrative-exhaustion requirement is jurisdictional.
The PHRC has a federal counterpart: the Equal Employment Opportunity Commission (EEOC). Under a federal–state work-sharing agreement, charges filed with one agency are typically forwarded to the other automatically. This dual-filing preserves both PHRA and Title VII rights without duplicate filings.
Where it comes from
- Establishing statute: 43 P.S. § 956 (Pennsylvania Human Relations Act, § 6)
- Powers and authority: § 957
- Charge process: § 959 — the procedural framework for filing
- Filing deadline: § 959 — 180 days from the discriminatory act
- Right-to-sue notice: § 962 — issued upon request after one year, or sooner in some cases
- Hearing procedure: § 959 and 16 Pa. Code Chapter 41 (PHRC's procedural rules)
- Federal counterpart: EEOC under Title VII at 42 U.S.C. § 2000e
The PHRC's regulations governing charge processing, investigation, conciliation, and hearings are at 16 Pa. Code Chapters 41-65.
Who it applies to
| Subject of jurisdiction | Coverage |
|---|---|
| Employment discrimination | Employers with 4+ employees in PA — race, color, religion, ancestry, age (40+), sex, national origin, non-job-related disability |
| Housing discrimination | Owners, brokers, agents — many of the same protected categories plus familial status, source of income |
| Public accommodations | Hotels, restaurants, retail establishments — mostly the same protected categories |
| Education | Public and private schools — discrimination in admissions, education, and treatment |
| Sexual orientation / gender identity | The PHRC's interpretive guidance treats these as forms of unlawful sex discrimination under the PHRA, though they are not enumerated in the statute |
The 4-employee threshold for employment is significantly lower than Title VII's 15-employee threshold — a key reason workers at small Pennsylvania businesses often have a viable PHRA claim even when they have no federal claim.
A typical PHRC charge process timeline:
1. Worker files charge → 0 days 2. PHRC sends notice to employer; employer files position statement → ~30-60 days 3. PHRC investigation → 6-18 months (depending on complexity and PHRC workload) 4. Probable cause finding or No probable cause finding → end of investigation 5. If probable cause: conciliation → up to several months 6. If conciliation fails: public hearing or right-to-sue notice → variable 7. Total typical case: 12-24 months at the PHRC level alone
What it means in practice
Scenario 1 — Dual-filed charge. A logistics worker in Bucks County files a charge alleging race discrimination with the EEOC. The federal-state work-sharing agreement automatically dual-files the charge with the PHRC. Both agencies treat the charge as filed on the same day. The case is generally handled by one of the agencies (typically the EEOC if it accepts) and the other holds the file. Either Title VII or the PHRA is available to the worker — most workers eventually plead both in court.
Scenario 2 — PHRA-only claim at a small employer. A 7-person dental practice fires an employee three weeks after she discloses a pregnancy. Title VII does not apply because the practice has fewer than 15 employees. The worker files a charge with the PHRC. The PHRC has jurisdiction because the PHRA threshold is 4 employees. The PHRC investigates, may find probable cause, and the case proceeds at the agency. After one year of agency processing without resolution, the worker may request a right-to-sue notice and proceed to court under the PHRA.
Scenario 3 — Hearing before the Commission. A larger case alleging disability discrimination in employment proceeds through the PHRC investigation, results in a probable cause finding, and conciliation fails. The PHRC docks the case for a public hearing before a panel of Commissioners. The hearing functions like a bench trial — both sides present evidence, examine witnesses, and submit briefs. The Commissioners then issue findings of fact, conclusions of law, and a remedial order. The order can include back pay, front pay, compensatory damages, civil penalties, and injunctive relief.