How to File a Discrimination Complaint With the PHRC
The Pennsylvania Human Relations Commission (PHRC) is the state agency responsible for enforcing the Pennsylvania Human Relations Act (PHRA). Filing a complaint with the PHRC is an alternative — or supplement — to filing with the EEOC, and it provides access to Pennsylvania-specific remedies including uncapped compensatory damages. This guide explains the PHRC filing process, deadlines, and strategic considerations.
Who Can File a PHRC Complaint
Any person who believes they have been discriminated against in employment, housing, education, or public accommodations based on a protected characteristic can file with the PHRC. In employment, the PHRA covers employers with 4 or more employees — significantly broader than Title VII’s 15-employee threshold. Protected characteristics under the PHRA include race, color, religious creed, ancestry, age (40+), sex, national origin, familial status, handicap or disability, and use of a guide or support animal.
Filing Deadline: 180 Days
You must file your PHRC complaint within 180 days of the last discriminatory act. However, if you cross-file with the EEOC under their work-sharing agreement, the deadline extends to 300 days. Your employment lawyer can handle the cross-filing to ensure both deadlines are preserved.
The PHRC Investigation Process
After filing, the PHRC assigns an investigator who contacts your employer for a response, reviews documents and interviews witnesses, and determines whether there is probable cause to believe discrimination occurred. If probable cause is found, the case proceeds to a public hearing before a PHRC hearing panel or can be settled through conciliation. If no probable cause is found, you can request reconsideration or pursue your claims directly in state court.
PHRC vs EEOC: Strategic Differences
The PHRC offers several advantages over the EEOC for Pennsylvania employees. The PHRA covers smaller employers (4+ employees vs 15+), there is no cap on compensatory damages under the PHRA (Title VII caps damages based on employer size), and you can file directly in state court within 2 years without exhausting administrative remedies.
The EEOC may be preferable when your employer has 15+ employees and you want access to federal court, when you need the 300-day filing deadline, or when your claims involve statutes with no state equivalent (such as certain federal whistleblower protections).
The Lacy Employment Law Firm files PHRC and EEOC complaints for employees across Philadelphia and Pittsburgh. Call (215) 515-5924 for a free consultation.
