Pennsylvania — Workplace Discrimination

The Pennsylvania Human Relations Act (PHRA) covers employers with four or more employees in Pennsylvania, including the Commonwealth and its political subdivisions. This is a lower threshold than federal Title VII, which sets a fifteen-employee minimum.

Religious, fraternal, charitable, or sectarian organizations — statutory carve-outs:

• General exclusion: PHRA generally excludes "religious, fraternal, charitable, or sectarian corporations or associations" from the definition of "employer" (43 P.S. § 954(b)).
• Exception for government appropriations: "[O]rganizations or corporations substantially owned, supported or managed by political subdivisions, or receiving grants or appropriations from political subdivisions or the Commonwealth of Pennsylvania" are included as employers (43 P.S. § 954(b)(1)).
• Exception for specific protected classes: Even without government funding, these organizations are still considered employers (and thus covered by the PHRA's anti-discrimination provisions) for complaints based on "race, color, age, sex, national origin or non-job related handicap or disability" (43 P.S. § 954(b)(2)). This exception does not cover claims based on other protected classes such as religious creed or ancestry unless the funding-based inclusion applies.

To summarize, most religious and similar organizations are exempt from the PHRA generally, but are explicitly covered as employers for claims involving discrimination on race, color, age, sex, national origin, or non-job related handicap or disability, even if they receive no government support. Full coverage for all protected classes applies only when these organizations get government appropriations.

Source: 43 P.S. § 954(b) (Pennsylvania Human Relations Act, Section 4 — Definitions)

The Pennsylvania Human Relations Act (PHRA) prohibits employment discrimination based on race, color, religious creed, ancestry, age, sex, national origin, or non-job related handicap or disability. Employers may not refuse to hire, discharge, or otherwise discriminate in compensation, hire, tenure, terms, conditions, or privileges of employment based on these characteristics. The Act also protects individuals from discrimination based on use of a guide or support animal because of blindness, deafness, or physical handicap.

2025 C.R.O.W.N. Act Amendment: As of November 25, 2025, the PHRA has been amended (C.R.O.W.N. Act, House Bill 439, 2025) to clarify that the protected class "race" expressly includes traits historically associated with race, such as hair texture and protective hairstyles (including braids, locks, and twists). This statutory expansion codifies protections against discrimination based on such traits in employment practices.

Source: 43 P.S. § 955(a) (Pennsylvania Human Relations Act, Section 5 — Unlawful Discriminatory Practices) Source: 2025 C.R.O.W.N. Act, amending PHRA

The Pennsylvania Human Relations Act (PHRA) sets specific deadlines for filing an employment discrimination complaint with the Pennsylvania Human Relations Commission (PHRC). Under 43 P.S. § 959(h), a person claiming to be aggrieved by an unlawful discriminatory practice must file a verified complaint with the PHRC "within one hundred eighty days after the alleged act of discrimination." This 180-day period generally starts from the date the alleged discriminatory act occurred—not from when the person discovers it or experiences its effects.

Strictness of the 180-day deadline:

• This deadline is treated as jurisdictional under longstanding PHRC interpretation: the Commission generally will not investigate complaints filed after the 180-day window, and late complaints are routinely dismissed as untimely.

Tolling and exceptions:

• The PHRA does not explicitly provide for tolling or exceptions to the 180-day filing deadline. Pennsylvania courts have upheld dismissal of complaints that fall outside this timeframe, even in cases where the complainant alleges ignorance of the discriminatory act. There is no statutory discovery rule in the PHRA itself that would extend this period.
• However, if a complainant files a charge with a local agency that has similar powers and duties (such as the Philadelphia Commission on Human Relations), the period may be tolled according to 16 Pa. Code § 42.14(b), but only if that agency is certified by the PHRC to deflect or defer jurisdiction. This is a narrow carve-out and requires formal cross-filing or deferral.

Interaction with EEOC filings (worksharing):

• Filing a charge with the federal Equal Employment Opportunity Commission (EEOC) within the 180-day window will generally be deemed dual-filed with the PHRC under the agencies' worksharing agreement, preserving the claim under both Title VII and PHRA if it is timely.

In summary: the base deadline for filing a PHRA employment discrimination complaint is 180 days from the alleged discriminatory act, with only narrow administrative tolling for cross-filing with certain certified local agencies.

Source: 43 P.S. § 959(h) (Pennsylvania Human Relations Act, Section 9 — Procedure); 16 Pa. Code § 42.14(b) (PHRC Rules and Regulations)

The Pennsylvania Human Relations Act (PHRA) imposes individual liability on supervisors who "aid, abet, incite, compel or coerce" workplace discrimination. The statutory hook is 43 Pa. Cons. Stat. § 955(e), which states it is unlawful for "any person, employer, employment agency, labor organization or employee" to engage in these acts. This is much broader than federal Title VII, which does not allow for individual liability of supervisors or managers for discrimination.

Who can be liable?

• The courts have clarified that § 955(e) covers individuals in a supervisory role—meaning a manager or supervisor who helps commit, encourages, or knowingly allows discrimination can be sued individually under the PHRA.
• The leading case is Dici v. Commonwealth, 91 F.3d 542 (3d Cir. 1996), in which the Third Circuit held that only supervisors can plausibly "aid and abet" discrimination, since only supervisors have the necessary authority and intent.
• Lower courts (e.g., Davis v. Levy, 20 F. Supp. 2d 885 (E.D. Pa. 1998); Brzozowski v. Pa. Turnpike Comm’n, 165 F. Supp. 3d 251 (E.D. Pa. 2016)) agree: the key is supervisory status. Mere co-workers who lack managerial authority cannot be held individually liable under § 955(e).

What must be proven? The elements:

• Liability requires: (1) proof of an underlying PHRA violation; (2) knowledge of the violation by the supervisor; and (3) substantial assistance or encouragement of the discrimination, or knowing failure to intervene. This is modeled on the Restatement (Second) of Torts § 876(b) standard adopted by several courts.
• Most courts do not require the supervisor to be the primary actor—liability arises even from inaction if the supervisor knew about and allowed the discrimination to proceed.

Summary:

• Supervisory employees (not rank-and-file workers) may be personally liable for aiding and abetting workplace discrimination under the PHRA, if their conduct or willful inaction meets the statutory and common-law criteria.

Source: 43 Pa. Cons. Stat. § 955(e) Source: Dici v. Commw., 91 F.3d 542, 553 (3d Cir. 1996) Source: Brzozowski v. Pa. Turnpike Comm’n, 165 F. Supp. 3d 251, 263 (E.D. Pa. 2016)

The Pennsylvania Human Relations Act (PHRA) does not apply to every category of worker. The statutory definition of “employe” in 43 P.S. § 954(c) specifically excludes:

• Any individual employed in agriculture or in the domestic service of any person
• Any individual who, as part of the employment, resides in the personal residence of the employer (i.e., live-in domestic workers)
• Any individual employed by their parent, spouse, or child (family employment)

These are categorical exclusions—workers in these groups are not covered by PHRA’s anti-discrimination protections, regardless of employer size or other facts.

Independent contractors: The PHRA does not explicitly address whether independent contractors are covered or excluded. The statutory definition of “employe” is focused on traditional employee relationships and is silent as to independent contractors. As of June 16, 2026, no categorical inclusion or exclusion of independent contractors is stated in the PHRA itself.

Summary:

• Domestic workers, agricultural workers, live-in employees, and those working for immediate family are excluded from PHRA coverage.
• The Act is silent on independent contractors—coverage, if any, would depend on future interpretation or amendment.

Source: 43 P.S. § 954(c) (Definitions)