05.14.2019

Pennsylvania Employers May Not Discriminate Against Their Employees

The Pennsylvania Human Relations Act (PHRA) recognizes and declares the following to be a civil right which is enforceable as described in the legislation:

“The opportunity for an individual to obtain employment for which he is qualified, and to obtain all the accommodations, advantages, facilities and privileges of any public accommodation and of any housing accommodation and commercial property without discrimination because of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals…”

Thus, the PHRA prohibits an employer with four or more employees from discriminating on the basis of protected characteristics such as:

  • Race;
  • Color;
  • Ancestry;
  • National origin;
  • Religion;
  • Disability (including the use of a guide or support animal);
  • Age (40 years or older);
  • Sex (including pregnancy, childbirth, and other related medical conditions); and
  • Educational status.

Harassment on the basis of these factors is also a form of illegal discrimination and is prohibited by the PHRA. Retaliation against an employee who has opposed a discriminatory employment practice or who has made a charge, testified or assisted in any investigation, proceeding or hearing held under the PHRA is also prohibited.

Pennsylvania employers may not refuse to hire or employ or contract with, or to bar or to discharge from employment any individual or independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to compensation, hire, tenure, terms, conditions or privileges of employment or contract, if the individual or independent contractor is the best able and most competent to perform the services required by the job. 

Pennsylvania’s Equal Pay Law prohibits an employer from discriminating on the basis of sex in the rate of pay for equal work on jobs that require equal skill, effort, and responsibility and are performed under similar working conditions. Different pay rates may be allowed under a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on a factor other than sex.

At Powell Law, it is our goal to protect and assert the rights of our clients effectively throughout the entire workers’ compensation claims process. If you have suffered a work-related injury, consult with an experienced workers’ compensation attorney. Contact Powell Law at (570) 961-0777. The consultation is FREE and you don’t pay unless we win!

Pennsylvania Employers May Not Discriminate Against Their Employees

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