Pennsylvania Civil Rights Complaint (PHRA + Parallel Federal Counts)

CIVIL RIGHTS COMPLAINT — PENNSYLVANIA HUMAN RELATIONS ACT (WITH PARALLEL FEDERAL COUNTS)

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — PHRA Discrimination, 43 P.S. § 955(a)
7. Count II — PHRA Retaliation, 43 P.S. § 955(d)
8. Count III — PHRA Aiding & Abetting, 43 P.S. § 955(e)
9. Count IV — Title VII / ADEA / ADA / § 1981 (Federal Parallel)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Reservation of Rights
14. Signature and Service Blocks
15. Verification
16. Certificate of Service
17. Pennsylvania Practice Notes
18. Sources and References

1. CAPTION

STATE FORUM (Court of Common Pleas):

COMMONWEALTH OF PENNSYLVANIA

COURT OF COMMON PLEAS OF [________________________________] COUNTY

CIVIL DIVISION

NO. [________________________________]

CIVIL ACTION — COMPLAINT IN CIVIL ACTION

JURY TRIAL DEMANDED

FEDERAL FORUM (alternative):

IN THE UNITED STATES DISTRICT COURT FOR THE [EASTERN/MIDDLE/WESTERN] DISTRICT OF PENNSYLVANIA

Civil Action No. [________________________________]

COMPLAINT AND JURY DEMAND

2. NATURE OF THE ACTION

2.1. This is a civil rights action brought by Plaintiff [PLAINTIFF NAME] against Defendant(s) for unlawful discrimination, harassment, and/or retaliation in employment in violation of the Pennsylvania Human Relations Act, 43 P.S. §§ 951–963 ("PHRA"), and parallel federal civil rights statutes including [Title VII / ADEA / ADA / 42 U.S.C. § 1981].

2.2. Plaintiff seeks back pay, front pay, compensatory damages, equitable relief (including reinstatement and/or injunctive relief), liquidated and/or punitive damages under the federal statutes (as available), and reasonable attorney's fees and costs.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult individual residing at [ADDRESS] in [COUNTY] County, Pennsylvania.

3.2. Plaintiff is a member of one or more classes protected by the PHRA, including [race / color / religious creed / ancestry / age (40+) / sex (including sexual orientation, gender identity/expression, and pregnancy under 16 Pa. Code §§ 41.201–41.206) / national origin / non-job-related handicap or disability].

3.3. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership] organized under the laws of [STATE] with a principal place of business at [ADDRESS], and at all relevant times employed four (4) or more persons within the Commonwealth of Pennsylvania, qualifying it as an "employer" under 43 P.S. § 954(b).

3.4. Defendant [INDIVIDUAL NAME] is an adult individual who, at all relevant times, was Plaintiff's [supervisor / manager / co-worker] at Employer and is sued in his/her individual capacity for aiding and abetting under 43 P.S. § 955(e).

3.5. The Court has subject-matter jurisdiction over the PHRA claims pursuant to 42 Pa.C.S. § 931 (general jurisdiction of the Courts of Common Pleas) and 43 P.S. § 962(c)(1) (private right of action). [If federal: subject-matter jurisdiction exists under 28 U.S.C. §§ 1331 and 1343, with supplemental jurisdiction over the PHRA claims under 28 U.S.C. § 1367.]

3.6. Venue is proper in [COUNTY] County under Pa. R. Civ. P. 2179 because Defendant Employer regularly conducts business in this county and/or the cause of action arose here. [If federal: Venue is proper under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claim occurred in this judicial district.]

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], within 180 days of the most recent discriminatory act and in compliance with 43 P.S. § 959(h), Plaintiff filed a verified administrative complaint with the Pennsylvania Human Relations Commission ("PHRC"), Docket No. [________________________________], dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the PHRC–EEOC work-sharing agreement, EEOC Charge No. [________________________________].

4.2. [Either:] More than one (1) year has elapsed since the filing of Plaintiff's PHRC complaint, and Plaintiff is therefore entitled to commence this private action under 43 P.S. § 962(c)(1).

[Or:] The PHRC issued a notice of right to sue / closure on [DATE], a copy of which is attached as Exhibit A.

4.3. The EEOC issued a Notice of Right to Sue on [DATE], a copy of which is attached as Exhibit B. This Complaint is filed within ninety (90) days of Plaintiff's receipt of that Notice as required by 42 U.S.C. § 2000e-5(f)(1).

5. FACTUAL ALLEGATIONS

5.1. Plaintiff was hired by Employer on [DATE] as a [POSITION].

5.2. Throughout Plaintiff's employment, Plaintiff performed his/her duties in a satisfactory manner and met or exceeded all legitimate performance expectations of Employer.

5.3. Plaintiff is [describe protected status — e.g., African-American / female / age 52 / a person with diabetes (an ADA-qualifying disability) / openly gay (sex/sexual orientation under 16 Pa. Code § 41.206)].

5.4. Beginning on or about [DATE], Plaintiff was subjected to discriminatory conduct by Defendants, including but not limited to:

• [Specific discriminatory act #1, with date, location, witnesses]
• [Specific discriminatory act #2]
• [Specific discriminatory act #3]
• [Pattern of disparate treatment compared to similarly situated employees outside the protected class]

5.5. [If hostile-environment claim:] The discriminatory conduct was sufficiently severe or pervasive to alter the terms and conditions of Plaintiff's employment and create a hostile work environment, both objectively and subjectively.

5.6. [If retaliation claim:] On [DATE], Plaintiff engaged in protected activity by [reporting discrimination to HR / filing an internal complaint / participating in an investigation / filing a PHRC charge]. Within [number] days/weeks of that protected activity, Defendants took adverse action against Plaintiff by [describe — termination, demotion, schedule change, etc.].

5.7. [If disability claim:] Plaintiff requested a reasonable accommodation on [DATE] consisting of [describe accommodation]. Employer failed to engage in the interactive process and/or denied the accommodation without legitimate justification.

5.8. On [DATE], Plaintiff was [terminated / constructively discharged / demoted / disciplined] under circumstances giving rise to an inference of unlawful discrimination and/or retaliation.

5.9. Defendants' stated reasons for the adverse action are pretextual. The true motivating factor was Plaintiff's protected status and/or protected activity.

5.10. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered lost wages and benefits, lost future earning capacity, emotional distress, anxiety, humiliation, loss of professional reputation, and other compensable harm.

6. COUNT I — PHRA DISCRIMINATION

(Against Defendant Employer — 43 P.S. § 955(a))

6.1. Plaintiff incorporates by reference Paragraphs 1.1 through 5.10.

6.2. At all relevant times, Defendant Employer was an "employer" within the meaning of 43 P.S. § 954(b) (four or more employees).

6.3. Plaintiff was a member of a class protected by the PHRA on the basis of [protected characteristic].

6.4. Defendant Employer engaged in unlawful discriminatory practices in violation of 43 P.S. § 955(a) by [refusing to hire / discharging / otherwise discriminating against Plaintiff with respect to compensation, hire, tenure, terms, conditions, or privileges of employment] because of Plaintiff's protected status.

6.5. [Sex/sexual orientation/gender identity claims:] Plaintiff's protected status falls within the meaning of "sex" under the PHRA as defined by 16 Pa. Code § 41.206 and as construed consistently with Bostock v. Clayton County, 590 U.S. 644 (2020).

6.6. As a direct and proximate result, Plaintiff has suffered the damages described herein.

7. COUNT II — PHRA RETALIATION

(Against Defendant Employer — 43 P.S. § 955(d))

7.1. Plaintiff incorporates by reference Paragraphs 1.1 through 6.6.

7.2. Plaintiff engaged in protected activity under the PHRA by [describe protected activity].

7.3. Defendant Employer was aware of Plaintiff's protected activity.

7.4. Defendant Employer thereafter took materially adverse action against Plaintiff, including [describe], in violation of 43 P.S. § 955(d).

7.5. A causal connection exists between the protected activity and the adverse action, as evidenced by [temporal proximity / pattern of antagonism / inconsistent reasons / other].

8. COUNT III — PHRA AIDING & ABETTING

(Against Individual Defendant(s) — 43 P.S. § 955(e))

8.1. Plaintiff incorporates by reference Paragraphs 1.1 through 7.5.

8.2. Defendant [INDIVIDUAL NAME] is a supervisory employee of Defendant Employer who personally engaged in, directed, or facilitated the discriminatory and/or retaliatory conduct alleged herein.

8.3. Defendant [INDIVIDUAL NAME] thereby aided, abetted, incited, compelled, or coerced unlawful discriminatory practices in violation of 43 P.S. § 955(e), and is individually liable for the resulting harm.

9. COUNT IV — FEDERAL PARALLEL

(Title VII / ADEA / ADA / 42 U.S.C. § 1981 — as applicable)

9.1. Plaintiff incorporates by reference Paragraphs 1.1 through 8.3.

9.2. [Title VII:] Defendants' conduct violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a), in that Plaintiff was discriminated against and/or retaliated against because of [race / color / religion / sex (including sexual orientation and gender identity per Bostock) / national origin].

9.3. [ADEA:] Defendants' conduct violated the Age Discrimination in Employment Act, 29 U.S.C. § 623, in that Plaintiff (age 40 or older) was discriminated against because of age, and Defendants' conduct was willful, entitling Plaintiff to liquidated damages under 29 U.S.C. § 626(b).

9.4. [ADA:] Defendants' conduct violated the Americans with Disabilities Act, 42 U.S.C. §§ 12112 and 12203, in that Plaintiff is a qualified individual with a disability and Defendants failed to provide a reasonable accommodation and/or discriminated/retaliated against Plaintiff.

9.5. [§ 1981:] Defendants' race-based discriminatory conduct violated 42 U.S.C. § 1981 (interference with the right to make and enforce contracts on the basis of race).

9.6. As a direct and proximate result, Plaintiff has suffered the damages described herein and is entitled to compensatory damages, punitive damages [under Title VII subject to 42 U.S.C. § 1981a caps / under § 1981 uncapped / under ADA subject to caps], liquidated damages under ADEA (where applicable), and reasonable attorney's fees and costs under 42 U.S.C. § 2000e-5(k), 29 U.S.C. § 626(b), 42 U.S.C. § 12205, and/or 42 U.S.C. § 1988.

10. DAMAGES

10.1. Back pay and benefits: lost wages, bonuses, commissions, retirement contributions, health insurance, and other employment benefits from the date of the adverse action through judgment, in an amount to be proven at trial.

10.2. Front pay: lost future wages and benefits in lieu of reinstatement where reinstatement is impracticable.

10.3. Compensatory damages: emotional distress, mental anguish, humiliation, loss of professional reputation, and pain and suffering.

10.4. Liquidated damages under ADEA for willful violations (where applicable).

10.5. Punitive damages under Title VII (subject to the 42 U.S.C. § 1981a tiered caps), 42 U.S.C. § 1981 (uncapped), and/or ADA (subject to caps), where Defendants acted with malice or reckless indifference to Plaintiff's federally protected rights.

10.6. Equitable relief: reinstatement, expungement of personnel records, and injunctive relief prohibiting further discriminatory conduct.

10.7. Reasonable attorney's fees and costs under 43 P.S. § 962(c.2), 42 U.S.C. § 2000e-5(k), 29 U.S.C. § 626(b), 42 U.S.C. § 12205, and/or 42 U.S.C. § 1988.

10.8. Pre-judgment and post-judgment interest as allowed by law.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally, as follows:

• A. Declaratory judgment that Defendants' conduct violated the PHRA and federal civil rights statutes;
• B. Back pay and benefits in an amount to be determined at trial;
• C. Front pay in lieu of reinstatement;
• D. Compensatory damages for emotional distress and other non-economic harm;
• E. Liquidated damages under ADEA (if applicable);
• F. Punitive damages under Title VII / § 1981 / ADA (NOT under PHRA per Hoy v. Angelone);
• G. Equitable relief including reinstatement and/or injunctive relief;
• H. Reasonable attorney's fees, expert fees, and costs of suit;
• I. Pre-judgment and post-judgment interest;
• J. Such other and further relief as the Court deems just and proper.

12. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all counts and issues so triable, pursuant to [Pa. R. Civ. P. 1007.1 / Fed. R. Civ. P. 38].

13. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint as discovery may reveal additional facts, claims, or parties, consistent with [Pa. R. Civ. P. 1033 / Fed. R. Civ. P. 15].

14. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esquire

PA I.D. No. [________________________________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [(___) ___-____]

Email: [________________________________]

15. VERIFICATION

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF [________________________________]

I, [PLAINTIFF NAME], verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

[________________________________]

[PLAINTIFF NAME]

Date: [__/__/____]

16. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], I caused a true and correct copy of the foregoing COMPLAINT to be served on the following counsel/parties of record by [first-class U.S. mail / electronic filing through PACFile or PACER / hand delivery]:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME], Esquire

17. PENNSYLVANIA PRACTICE NOTES

• PHRA Coverage Threshold (4 employees). The PHRA covers any employer with four (4) or more employees within the Commonwealth — far broader than Title VII's 15-employee floor and ADEA's 20-employee floor. Confirm coverage under each statute separately. See 43 P.S. § 954(b).

• Mandatory PHRC Exhaustion / 180 Days. A claimant MUST file a verified administrative complaint with the PHRC within 180 days of the discriminatory act under 43 P.S. § 959(h). Pennsylvania appellate courts and the Third Circuit treat this as a strict prerequisite to suit; equitable tolling is rarely granted. The deadline is far shorter than the 300-day federal Title VII deadline available in deferral states. See Woodson v. Scott Paper Co., 109 F.3d 913 (3d Cir. 1997); Vincent v. Fuller Co., 532 A.2d 412 (Pa. 1987).

• One-Year Wait Before Filing in Court. Under 43 P.S. § 962(c)(1), a private action cannot commence until one (1) year has passed after the PHRC complaint was filed (or earlier upon PHRC closure / right-to-sue letter).

• No Punitive Damages Under PHRA. Hoy v. Angelone, 554 Pa. 134, 720 A.2d 745 (Pa. 1998), holds that punitive damages are NOT recoverable under the PHRA. Punitive damages must be sought under federal counterpart statutes (Title VII subject to § 1981a caps; § 1981 uncapped; ADA subject to caps; ADEA permits liquidated damages but NOT punitives).

• Compensatory Damages Available. Compensatory damages (including emotional distress) ARE available under the PHRA, as are back pay, front pay, reinstatement, and reasonable attorney's fees. See 43 P.S. § 962(c.2).

• Individual Liability for Supervisors. Supervisory employees may be held individually liable under 43 P.S. § 955(e) (aiding and abetting). Dici v. Commonwealth of Pennsylvania, 91 F.3d 542 (3d Cir. 1996). Note: § 1981 also permits individual liability for race-based claims.

• 2023 PHRC Regulations on "Sex," "Race," "Religious Creed." Effective August 16, 2023, the PHRC promulgated regulations expanding statutory definitions: 16 Pa. Code § 41.206 defines "sex" to include sex assigned at birth, gender, gender identity, gender expression, affectional or sexual orientation, pregnancy, childbirth, breastfeeding, differences of sex development, and intersex characteristics. The regulations are interpretive of the statute and have NOT been ratified by legislative amendment; they have been challenged in litigation. To preserve all routes to relief, plead BOTH the regulatory ground AND a Bostock-style federal Title VII theory (sexual orientation / gender identity discrimination as "because of sex"). Bostock v. Clayton County, 590 U.S. 644 (2020).

• Verification. Pa. R. Civ. P. 1024 requires verification of every complaint containing factual averments not of record; use the 18 Pa.C.S. § 4904 unsworn verification form to avoid notarization.

• Forum Selection. PHRA claims may be filed in the Court of Common Pleas. Federal counts may be filed in either state or federal court. Federal court has supplemental jurisdiction over PHRA claims under 28 U.S.C. § 1367. Consider jury composition, motion practice norms, judicial assignment, and discovery rules when choosing forum.

• Statute of Limitations for the Civil Action. After PHRC exhaustion, the PHRA private action must be commenced within two (2) years of the right-to-sue notice (per general analogy and case law); confirm with current authority. The Title VII 90-day post-right-to-sue deadline runs independently and is strictly enforced.

• Aging-Out and Continuing-Violation Doctrine. For ongoing harassment, plead the continuing-violation doctrine to capture conduct outside the 180-day window. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002), applies to PHRA claims.

18. SOURCES AND REFERENCES

• Pennsylvania Human Relations Act, 43 P.S. §§ 951–963 — https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1955/0/0222..HTM
• 43 P.S. § 955 (unlawful discriminatory practices) — https://codes.findlaw.com/pa/title-43-ps-labor/pa-st-sect-43-955/
• Pennsylvania Human Relations Commission — https://www.pa.gov/agencies/phrc.html
• 16 Pa. Code §§ 41.201–41.206 (2023 sex/race/religious-creed regulations) — https://pacodeandbulletin.gov/
• Hoy v. Angelone, 554 Pa. 134, 720 A.2d 745 (Pa. 1998) (no punitive damages under PHRA) — https://caselaw.findlaw.com/court/pa-supreme-court/1309828.html
• Woodson v. Scott Paper Co., 109 F.3d 913 (3d Cir. 1997) (PHRC dual-filing, exhaustion) — https://law.justia.com/cases/federal/appellate-courts/F3/109/913/516248/
• Dici v. Commonwealth of Pennsylvania, 91 F.3d 542 (3d Cir. 1996) (individual liability under § 955(e))
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII covers sexual orientation and gender identity)
• Title VII, 42 U.S.C. §§ 2000e et seq.
• 42 U.S.C. § 1981a (caps on Title VII compensatory and punitive damages)
• ADEA, 29 U.S.C. §§ 621 et seq.
• ADA, 42 U.S.C. §§ 12101 et seq.
• 42 U.S.C. § 1981 (race-based contracts)
• Pennsylvania Rules of Civil Procedure — https://www.pacodeandbulletin.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Pennsylvania must review and customize this document before filing. PHRA claims have strict 180-day administrative exhaustion deadlines; missing the deadline generally bars suit. The PHRC's 2023 regulations expanding the definition of "sex" are subject to ongoing litigation; plead alternative theories. Verify all citations against current law before use.