Anaya Nolan
Pennsylvania has had laws protecting workers from employer discrimination for over half a century. The Pennsylvania Human Relations Act (PHRA) was passed in 1955 and goes beyond many other states' anti-discrimination laws by protecting individuals who use support animals and have physical handicaps. The PHRA prohibits discrimination based on race, colour, ancestry, religion, age, national origin, sex, disability, familial status, and more. It applies to any employer with at least four employees and individual contractors, and it makes it unlawful to discriminate on the basis of a protected group in the workplace, covering all facets of employment. The PHRA also covers instances of housing discrimination, with civil penalties for violations. In addition to the PHRA, Pennsylvania also follows national civil rights precedents, such as the Civil Rights Act, the Americans with Disabilities Act, and the Equal Pay Act. These laws provide protections against discrimination in employment, education, public accommodations, housing, and commercial properties.
| Characteristics | Values |
|---|---|
| Laws | Pennsylvania Human Relations Act, Civil Rights Act, Equal Pay Act, Americans with Disabilities Act, Rehabilitation Act of 1973, Pregnant Workers Fairness Act, Disability-Related Policy, Prohibition of Sexual Harassment in the Commonwealth, Age Discrimination in Employment Act |
| Protected Characteristics | Race, Colour, Familial Status, Religious Creed, Ancestry, National Origin, Age, Sex, Handicap or Disability, Use of a Guide or Support Animal, Pregnancy Status |
| Enforcement | Pennsylvania Human Relations Commission, Equal Employment Opportunity Commission |
| Complaint Process | File a complaint with the PHRC or EEOC within 180 days, mediation, lawsuit in court |
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What You'll Learn
Employment discrimination
The PHRA specifically prohibits discrimination based on race, colour, religion, age, sex, handicap or disability, use of a support animal, and national origin. It also covers instances of discrimination in public accommodations, housing, and commercial properties. The Act empowers the Pennsylvania Human Relations Commission to enforce state anti-discrimination laws and investigate complaints. If a complaint cannot be mediated, the Commission can decide to file a lawsuit in court on the claimant's behalf. If mediation is unsuccessful and the Commission does not pursue legal action, the claimant will receive a ""right-to-sue" letter, enabling them to file a claim in federal or state court within a specified timeframe.
In addition to the PHRA, Pennsylvania adheres to national civil rights precedents, including the Civil Rights Act, the Americans with Disabilities Act, the Equal Pay Act, and the Age Discrimination in Employment Act. These laws further reinforce protections against discrimination based on race, colour, religion, sex, national origin, disability, and age.
Pennsylvania also has additional policies and laws in place to promote equal employment opportunities and prevent discrimination. These include the Pregnant Workers Fairness Act, the Disability-Related Policy, and the Prohibition of Sexual Harassment in the Commonwealth.
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Racial discrimination
Pennsylvania has several laws that prohibit racial discrimination. The Pennsylvania Constitution's Declaration of Rights states that all Pennsylvanians have equal rights regardless of their race or ethnicity. The Declaration of Rights provides legal protection against racial discrimination and allows individuals to identify and recognise instances of discrimination, which can occur in various environments, including schools and workplaces.
The Pennsylvania Human Relations Act (PHRA) is another state law that prohibits discrimination based on race, colour, ancestry, religion, age, or national origin. The PHRA covers discrimination in employment, housing, commercial property, education, and public accommodations. It makes it illegal for employers or employment agencies to elicit information concerning race from applications or records or to publish job postings with racial specifications. The PHRA only requires four or more employees, whereas Title VII of the Civil Rights Act of 1964, a federal law, applies to employers with 15 or more employees.
The Pennsylvania Human Relations Commission (PHRC) enforces state laws prohibiting discrimination, including the PHRA. The PHRC investigates formal complaints from individuals who believe they have experienced illegal discrimination. In cases of racial discrimination or racial tension, the PHRC may hold immediate investigatory hearings to resolve the problem by gathering facts and making necessary recommendations.
Federal laws also apply to Pennsylvania, providing additional protections against racial discrimination. Title VII of the Civil Rights Act of 1964 prohibits businesses with 15 or more employees from engaging in racial discrimination at any level of employment. The Equal Employment Opportunity Commission (EEOC) regulates workplace discrimination and protects individuals against discriminatory employment policies and practices.
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Housing discrimination
The Pennsylvania Human Relations Act (PHRA) prohibits discrimination in housing, among other areas. The PHRA protects against unlawful discrimination based on race, colour, sex, familial status, religious creed, ancestry, age, national origin, handicap or disability, and use of guide support animals. The PHRA also covers discrimination in commercial property, education, and public accommodations.
The Fair Housing Act (FHA) is a federal law that also plays a crucial role in combating housing discrimination in Pennsylvania. The FHA prohibits discrimination in housing transactions, including rentals, sales, mortgage lending, homeowners insurance, home appraisals, and zoning decisions. The protected classes under the FHA include race, colour, national origin, religion, sex, familial status, and disability.
In addition to the PHRA and FHA, Pennsylvania has other laws that address housing discrimination. The Pennsylvania Landlord and Tenant Act outlines the rights and responsibilities of landlords and tenants in rental transactions, helping to guard against unfair practices. Local municipalities in Pennsylvania can also enact their own ordinances prohibiting discrimination, with some Boroughs, Townships, and Cities having already done so, adding protections for characteristics such as sexual orientation, gender identity, marital status, veteran status, or source of income.
The enforcement of anti-discrimination laws in housing is overseen by the Pennsylvania Human Relations Commission (PHRC) and the Department of Housing and Urban Development (HUD). Individuals who believe they have been discriminated against can file a complaint with either agency. The PHRC investigates complaints, resolves disputes, and can order remedies such as compensation and training to stop discriminatory practices.
Overall, Pennsylvania has a comprehensive framework of laws and agencies dedicated to combating housing discrimination and ensuring equal access to housing opportunities for all residents.
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Disability discrimination
Pennsylvania has several laws that prohibit disability discrimination in the state. The Pennsylvania Human Relations Act (PHRA) makes it unlawful to discriminate on the basis of disability in the workplace. This applies to all employers with at least four employees and individual contractors, and covers all facets of employment, from hiring and firing to pay and work conditions. The PHRA also prohibits discrimination in public accommodations, housing, and commercial properties.
The Americans with Disabilities Act of 1990 (ADA) also prohibits disability discrimination in Pennsylvania. Title I of the ADA makes it illegal in the private sector and in state and local government to discriminate against a qualified person with a disability in employment situations. It also prohibits retaliation against individuals for complaining about or participating in an investigation of disability discrimination. Additionally, employers are required to provide reasonable accommodations to individuals with disabilities. Title II of the ADA prohibits commonwealth agencies and local governments from discriminating against individuals with disabilities in their services, programs, and activities, including public transportation.
The Pennsylvania Office of the Deaf & Hard of Hearing (ODHH) is a dedicated office within the Department of Labor & Industry that advocates for people with hearing loss. Pennsylvania’s Sign Language Interpreter and Transliterator State Registration Act requires sign language interpreters and transliterators to register with ODHH, with failure to do so resulting in fines or imprisonment.
Pennsylvania also has laws that require covered entities to effectively communicate with individuals with communication disabilities. This may include providing access to sign language interpreters or transliterators. Additionally, disability laws in the state require local governments to make reasonable modifications to policies, practices, or procedures to prevent discrimination on the basis of disability. For example, granting a variance to install a ramp for wheelchair users.
In terms of housing, it is unlawful under both state and federal law to discriminate against individuals with disabilities in renting, selling, and mortgage lending. Landlords and housing providers must make reasonable accommodations and explore alternatives to provide individuals with disabilities equal housing opportunities, unless doing so would pose an undue burden. Individuals with disabilities also have the right to make reasonable structural modifications to a property, as long as they can return it to its original condition when they leave.
Pennsylvania also has organisations such as Disability Rights Pennsylvania (DRP), which provides legal advice, advocacy, and information to individuals with disabilities and their families.
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Sexual harassment
Pennsylvania has had laws protecting workers from employer discrimination for over half a century. The state also follows all precedents for civil rights set at a national level. The Pennsylvania Human Relations Act (PHRA) 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 PHRA applies to any employer with at least four employees and individual contractors.
The Civil Rights Act of 1964 is a federal law that prevents discrimination in the workplace based on race, colour, religion, sex, or national origin. It applies to employers with 15 or more employees. In 2020, a landmark ruling determined that sexual orientation and gender identity were included under "sex". The Age Discrimination in Employment Act of 1967 protects workers aged 40 and older from discrimination in the workplace.
The Genetic Information Nondiscrimination Act makes it illegal to discriminate in employment situations because of genetic information. It also makes it illegal to retaliate against a person for complaining, filing a charge, or participating in an investigation of genetic information discrimination. The Americans with Disabilities Act makes it illegal in the private sector and state and local government to discriminate against a qualified person with a disability.
The Pennsylvania Office of Attorney General's Civil Rights Enforcement Section is committed to safeguarding the fundamental liberties of LGBTQ+ individuals and their right to equal protection under the law. Governor's Executive Orders have been issued to protect persons from discrimination based on sexual orientation, gender identity, or expression in state government employment and state contracts or grants.
If you believe you have been a victim of sexual harassment in the workplace in Pennsylvania, you can file a complaint with the Pennsylvania Human Relations Commission or seek legal advice from a discrimination lawyer. It is unlawful for employers to retaliate against employees for reporting harassment or discrimination.
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Frequently asked questions
The PHRA is a law that provides protections to employees who work for a company with four or more employees. It makes it unlawful to discriminate on the basis of a protected group in the workplace.
The PHRA covers all facets of employment, not just hiring and firing. It also applies to public accommodations, housing and commercial properties. It also protects individuals who use support animals and have physical handicaps.
If you believe you're being discriminated against at work, you should contact HR or a law firm. You can also file a complaint of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC).
