Kara Sears
Pennsylvania has had laws protecting workers from employer discrimination for over half a century. The Pennsylvania Human Relations Act (PHRA), passed in 1955, makes it unlawful for employers with four or more employees to discriminate based on race, colour, ancestry, religion, age, national origin, disability, and more. The Civil Rights Act, Title VII, also makes it illegal for employers with 15 or more employees to discriminate based on race, colour, religion, sex, or national origin. The Equal Pay Act mandates equal pay for employees of all genders, while the Age Discrimination in Employment Act prohibits employers with 20 or more employees from discriminating against individuals aged 40 and above. These laws empower employees to stand up against discrimination and protect them from retaliation.
| Characteristics | Values |
|---|---|
| Number of employees | 4 or more |
| Race | Cannot discriminate |
| Color | Cannot discriminate |
| Ancestry | Cannot discriminate |
| Religion | Cannot discriminate |
| Age | Cannot discriminate |
| National origin | Cannot discriminate |
| Sex | Cannot discriminate |
| Sexuality | Cannot discriminate |
| Nationality | Cannot discriminate |
| Disability | Cannot discriminate |
| Veteran status | Cannot discriminate |
| Citizenship status | Cannot discriminate |
| Pregnancy status | Cannot discriminate |
| Familial status | Cannot discriminate |
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What You'll Learn
Pennsylvania Human Relations Act
The Pennsylvania Human Relations Act (PHRA) was passed in 1955 and prohibits discrimination based on race, colour, ancestry, religion, age, national origin, disability, and other protected characteristics in employment, public accommodations, and housing. The PHRA applies to all businesses with 4 or more employees in Pennsylvania, including individual contractors. This makes it unlawful to discriminate on the basis of a protected group in all facets of employment, not just hiring and firing.
The PHRA is enforced by the Pennsylvania Human Relations Commission (PHRC), which has the power to investigate and resolve complaints of discrimination. The PHRC also has the authority to enter into work-sharing agreements with local commissions and publish its findings and conclusions from public hearings. The Commission is required to have a central office in Harrisburg and can meet and function anywhere within the state. It can appoint attorneys, hearing examiners, and other employees as needed and set their compensation within legal limits.
The PHRA goes beyond many other states' anti-discrimination laws by specifically protecting individuals who use support animals and have physical handicaps. It also includes protections against discrimination in housing for individuals using guide dogs due to blindness. Additionally, the PHRA addresses racial problems and restrictions on commission authority over pupil school assignments.
In 2023, the PHRC released new regulations clarifying the definitions of "sex," "religious creed," and "race," ensuring more comprehensive protection under the law. The PHRA also prohibits discrimination in employment advertisements, racial or sexual harassment, age discrimination, and pregnancy discrimination. It is important to note that the PHRA does not consider certain individuals as employees, such as those employed in agriculture or domestic service or those who live in the residence of their employer or are related to them.
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Civil Rights Act, Title VII
In Pennsylvania, small employers with fewer than 15 employees are not subject to Title VII of the Civil Rights Act of 1964. This law makes it illegal for employers with 15 or more employees to discriminate in the workplace based on race, colour, religion, sex, or national origin. It also prohibits retaliation against individuals who complain, file a charge, or participate in an investigation of employment discrimination.
In addition to Title VII, there are other laws in place to protect workers from discrimination in Pennsylvania. The Pennsylvania Human Relations Act, for example, prohibits discrimination based on race, colour, ancestry, religion, age, or national origin in employment, public accommodations, and housing. This Act applies to businesses with four or more employees.
Another example is the Equal Pay Act, which mandates that employers provide equal pay for employees of all genders performing the same work. This Act also prohibits retaliation against individuals who speak up about unequal pay or oppose discriminatory practices.
Pennsylvania also adheres to national precedents for civil rights. For instance, the Americans with Disabilities Act makes it illegal for employers in the private sector and state and local governments to discriminate against qualified individuals with disabilities. It also mandates that employers provide reasonable accommodations for employees with known physical or mental limitations.
Furthermore, the Genetic Information Nondiscrimination Act prohibits discrimination based on genetic information and protects individuals who exercise their rights under the Act. These laws demonstrate Pennsylvania's commitment to upholding civil rights and ensuring fair and equitable treatment for all workers, regardless of the size of the employer.
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Equal Pay Act
The Equal Pay Act of 1963 is a US federal law that prohibits sex-based wage discrimination. It requires employers to provide equal pay for men and women in the same workplace who perform jobs requiring substantially equal skill, effort, and responsibility under similar working conditions. The Act covers all forms of compensation, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, reimbursements, and benefits.
The Equal Pay Act was enacted as an amendment to the Fair Labor Standards Act of 1938, addressing wage differentials based on sex that depressed wages and living standards for employees. It established a broad remedial framework to protect employees from wage discrimination based on sex, with Congress intending to correct the identified issues in industries engaged in commerce or the production of goods for commerce.
The Act's four affirmative defenses allow unequal pay for equal work when wages are set according to seniority, merit, quantity or quality of production, or any factor other than sex. These defenses were incorporated into Title VII of the Civil Rights Act of 1964 through the Bennett Amendment, addressing potential conflicts between the two statutes.
The Equal Pay Act has been expanded and reinforced over time. In 1972, the Education Amendments of 1972 expanded the Act's coverage to include professional workers. Additional laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973, further strengthened protections against compensation discrimination on various bases, including race, color, national origin, religion, age, and disability.
The Lilly Ledbetter Fair Pay Act of 2009 renewed the timeframe for employees to take action on pay discrimination claims, with each instance of unequal pay constituting a new violation. The Act also protects individuals who file equal pay claims or assist others in doing so from unlawful retaliation by their employers.
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Age Discrimination in Employment Act
In the United States, the Age Discrimination in Employment Act (ADEA) makes it illegal for employers with 20 or more employees to discriminate against applicants and employees aged 40 years or older. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, promotion, discharge, compensation, terms, conditions, or privileges of employment. Harassment on the basis of age is also prohibited, including offensive or derogatory remarks. However, it is important to note that the ADEA does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.
In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) also prohibits age discrimination in employment, in addition to discrimination based on race, colour, ancestry, religion, national origin, and disability. The PHRA applies to all businesses with 4 or more employees. Additionally, Pennsylvania follows national precedents for civil rights, including Title VII of the Civil Rights Act of 1964, which prohibits employers of 15 or more persons from discriminating based on race, colour, religion, sex, or national origin. This also includes the Equal Pay Act, which mandates equal pay for employees of all genders performing the same work.
Pennsylvania has established policies and laws to address employment discrimination, including the Equal Employment Opportunity, which sets policies, procedures, and responsibilities for prohibiting discrimination and promoting equal employment opportunities. The Disability-Related Policy ensures equal opportunities for individuals with disabilities, and the Prohibition of Sexual Harassment establishes procedures for a workplace free from sexual harassment. Additionally, the Commonwealth's Equal Employment, Outreach, and Employment Counseling Program implements equal employment counselling programs.
If individuals believe that their employment rights have been violated due to age discrimination, they can file a charge of discrimination with the EEOC. This can be done by mail or in person at the nearest EEOC office, and accommodations can be requested if needed. It is important to act promptly, as there are strict time limits for filing a charge, usually within 180 days from the date of the alleged violation. Federal employees or applicants should refer to the Federal Sector Equal Employment Opportunity Complaint Processing guidelines.
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Americans with Disabilities Act
In Pennsylvania, small employers with fewer than 15 employees are not subject to the Civil Rights Act of 1964. However, the Pennsylvania Human Relations Act (PHRA) applies to businesses with four or more employees. This Act prohibits discrimination based on race, colour, ancestry, religion, age, or national origin in employment, public accommodations, and housing. It also protects individuals who use support animals and have physical handicaps.
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in various areas of public life, including employment. The ADA is divided into five titles or sections that relate to different areas. Title I of the ADA makes it illegal for private employers with 15 or more employees, state and local governments, employment agencies, and labour unions to discriminate against qualified individuals with disabilities in employment practices. It also requires these entities to provide reasonable accommodations to qualified applicants or employees with disabilities, such as making modifications or adjustments to the work environment to enable them to participate in the application process or perform their jobs.
The ADA Amendments Act (ADAAA) of 2008 expanded the definition of "disability" under the ADA, and these changes apply to all titles of the Act. The ADA provides civil rights protections to individuals with disabilities, guaranteeing equal opportunities in public accommodations, employment, transportation, state and local government services, and telecommunications. It ensures that people with disabilities have the same rights and opportunities as everyone else.
In Pennsylvania, small employers with fewer than 15 employees may not be subject to the ADA's employment provisions under Title I. However, they would still need to comply with the other titles of the ADA, such as Title III, which covers public accommodations. Additionally, the PHRA would apply to businesses with four or more employees, providing protections against discrimination for individuals with disabilities in Pennsylvania.
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Frequently asked questions
Yes, small employers in Pennsylvania with four or more employees are subject to anti-discrimination laws under the Pennsylvania Human Relations Act (PHRA). This Act makes it unlawful to discriminate based on race, colour, ancestry, religion, age, national origin, disability, and more in employment, housing, and public accommodations.
The Pennsylvania Human Relations Act protects individuals from discrimination based on race, colour, ancestry, religion, age, national origin, disability, and more. Additionally, the Civil Rights Act, Title VII, protects employees from discrimination based on race, colour, religion, sex, and national origin in companies with 15 or more employees.
Yes, the Americans with Disabilities Act (ADA) makes it illegal for employers in the private sector and state and local governments to discriminate against qualified individuals with disabilities. The law also requires employers to provide reasonable accommodations for employees with disabilities.
If you believe you are being discriminated against in the workplace, you can contact your company's HR department or seek legal advice from a law firm specialising in employment law. You can also reach out to the Pennsylvania Human Relations Commission, which enforces state anti-discrimination laws.
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