Pennsylvania Human Relations Act (PHRA) — What Employees Need to Know
The Pennsylvania Human Relations Act (PHRA) is the state anti-discrimination statute that protects Pennsylvania employees from workplace discrimination, harassment, and retaliation. The PHRA covers smaller employers than federal law, provides uncapped compensatory damages, and allows direct filing in state court — making it a critical legal tool for employees in Philadelphia and Pittsburgh.
Who Is Protected
The PHRA prohibits employment discrimination based on race, color, religious creed, ancestry, age (40+), sex, national origin, non-job-related handicap or disability, use of a guide or support animal, and relationship to a person with a disability. The PHRA covers employers with 4 or more employees — significantly broader than Title VII’s 15-employee threshold.
Key Advantages Over Federal Law
Uncapped compensatory damages. Unlike Title VII, which caps compensatory and punitive damages based on employer size ($50,000 to $300,000), the PHRA places no cap on compensatory damages for emotional distress. This makes the PHRA the preferred vehicle for Pennsylvania employees with significant emotional distress claims.
Smaller employer coverage. The PHRA covers employers with 4+ employees, capturing many small businesses that fall outside Title VII’s scope.
Direct court filing. You can file a PHRA lawsuit directly in Pennsylvania state court within 2 years of the discriminatory act, without first filing an administrative complaint with the PHRC or EEOC. This gives you more control over the timeline and litigation strategy.
Lower causation standard. Under the PHRA, you only need to prove that your protected characteristic was a “motivating factor” in the adverse action — not the “but-for” cause required under the ADEA for age discrimination claims.
Filing Options and Deadlines
PHRC complaint: 180 days from the discriminatory act (extended to 300 days with EEOC cross-filing). Direct state court filing: 2 years from the discriminatory act. EEOC cross-filing: Filing with the EEOC within 300 days automatically cross-files with the PHRC.
PHRA and Title VII: Using Both
Many Pennsylvania employment discrimination cases are filed under both the PHRA and Title VII simultaneously. This strategy preserves access to both state and federal court, maximizes available damages (uncapped under the PHRA, attorney’s fees under both), and provides multiple legal theories that increase the chances of success.
The Lacy Employment Law Firm files PHRA and Title VII claims for employees across Philadelphia and Pittsburgh. Call (215) 515-5924 for a free consultation.
