FEPA Discrimination Charge and Right-to-Sue Procedure — Pennsylvania

FEPA Discrimination Charge and Right-to-Sue Procedure (PENNSYLVANIA)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

I. State Statutory Framework and Protected Classes

The Pennsylvania Human Relations Act (PHRA), codified at 43 P.S. §§ 951–963, is the state's primary anti-discrimination statute, enforced by the Pennsylvania Human Relations Commission (PHRC). PHRA covers employers with 4 or more employees — broader than the federal 15-employee Title VII threshold.

Protected classes (§ 955(a)):

Sexual orientation / gender identity at PHRA level: PHRC's 2018 Guidance interprets "sex" to include SO/GI. Several PA cases (e.g., Doe v. Penn Med., 2018) have followed. Bostock provides a federal anchor. Local ordinances in Philadelphia and Pittsburgh (and ~50 other PA municipalities) provide express SO/GI protection.

II. State vs. Federal Differences

III. Election of Remedies (PHRC vs. EEOC; Dual-Filing)

PHRC and EEOC have a work-sharing agreement. Filing with one is generally treated as cross-filing with the other for overlapping claims.

• PHRC only: state remedies; 1-year mandatory administrative period; no punitive damages.
• EEOC only: federal claims; preserves federal punitive damages; doesn't satisfy PHRA exhaustion unless cross-filed.
• Concurrent dual-filing (recommended): anchor both clocks; if workplace has 4–14 employees, file with PHRC because EEOC lacks jurisdiction.
• Philadelphia Commission on Human Relations / Pittsburgh Commission on Human Relations: separate local filing where broader local protections apply (e.g., individual liability in Philly).

IV. Filing Deadline Analysis

Continuing-violation doctrine: Recognized under PHRA (PHRC v. U.S. Steel, 458 Pa. 559); hostile-work-environment claims with related, ongoing conduct toll SOL to last act. Discrete acts (termination) have independent clocks.

V. Damages Available

VI. Right-to-Sue Requirement and Timeline

Under PHRA § 962(c)(1):

There is no formal "right-to-sue letter" required; the passage of one year (or earlier dismissal) is the trigger. Best practice is to obtain a written notice from PHRC confirming case status before filing in court.

Part B — Verified Complaint (PHRC Filing)

Caption / Header

COMMONWEALTH OF PENNSYLVANIA

PENNSYLVANIA HUMAN RELATIONS COMMISSION

VERIFIED COMPLAINT OF DISCRIMINATION

Filed pursuant to 43 P.S. § 959; 16 Pa. Code Ch. 41–45

PHRC Docket No.: [____________] | EEOC Charge No. (if cross-filed): [____________]

Date Filed: [__/__/____]

I. Complainant Information

II. Respondent (Employer) Information

III. Date(s) of Discrimination

IV. Protected Bases (check all that apply)

☐ Race ☐ Color ☐ Religious creed ☐ Ancestry ☐ Age (40+) ☐ Sex ☐ Pregnancy ☐ Sexual orientation (via PHRC 2018 Guidance — "sex") ☐ Gender identity/expression (via PHRC 2018 Guidance — "sex") ☐ National origin ☐ Non-job-related disability ☐ Association with disabled person ☐ Familial status ☐ Use of guide/service animal ☐ GED diploma possession ☐ Refusal to participate in abortion/sterilization ☐ Retaliation ☐ Other: [________________________________]

V. Particulars (Numbered Factual Allegations)

A. Background

1. Complainant [NAME] was employed by Respondent from [__/__/____] to [__/__/____] as [TITLE] at [LOCATION].

2. Respondent has [____] employees in Pennsylvania and is subject to the PHRA (4+ employee threshold, § 954(b)).

3. Complainant is a member of the following protected class(es): [________________________________].

4. Complainant was qualified for the position; performance reviews are summarized at Exhibit [____].

B. Discriminatory Conduct

5. On or about [__/__/____], [DESCRIBE CONDUCT]. [________________________________]

6. The conduct was committed by [NAME, TITLE].

7. Specific incidents:
   - [__/__/____]: [________________________________]
   - [__/__/____]: [________________________________]
   - [__/__/____]: [________________________________]

C. Adverse Action

8. On [__/__/____] Respondent took the following adverse action(s): ☐ Termination ☐ Demotion ☐ Failure to promote ☐ Pay reduction ☐ Discipline ☐ Constructive discharge ☐ Failure to hire ☐ Failure to accommodate ☐ Hostile work environment ☐ Other: [________________________________].

D. Comparator Evidence

9. Similarly situated employees outside Complainant's protected class were treated more favorably: [NAME, TITLE, TREATMENT, DATES]. [________________________________]

E. Causal Connection

10. Temporal proximity between [protected activity] on [__/__/____] and adverse action on [__/__/____].

11. Direct evidence: [________________________________].

12. Pretext: Respondent's stated reason — [STATED REASON] — is pretextual because [________________________________].

VI. Statement of Particulars by Reference to Statute

The conduct violates 43 P.S. §§ 955(a) (discrimination), 955(d) (retaliation), and as applicable § 955.5 (abortion/sterilization refusal), in addition to any cross-filed Title VII / ADA / ADEA claims.

VII. Demand

Complainant requests that PHRC:

1. Accept and investigate this verified complaint;
2. Cross-file with the EEOC under the work-sharing agreement;
3. Convene a fact-finding conference and pursue conciliation;
4. Issue a probable-cause finding and convene a public hearing if conciliation fails;
5. Award back pay, front pay, compensatory damages, reinstatement, cease-and-desist orders, training, policy reform, and attorney's fees.

Signature and Verification

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

[________________________________]
Complainant Signature

Date: [__/__/____]

Part C — Post-1-Year Notice and Request to Proceed in Court of Common Pleas

[CLAIMANT / COUNSEL NAME]
[Street Address]
[City, PA ZIP]
[Phone] | [Email]

Date: [__/__/____]

VIA EMAIL AND CERTIFIED U.S. MAIL — RETURN RECEIPT REQUESTED

Pennsylvania Human Relations Commission
[Regional Office]
[Address]

Re: Notice of Election to Proceed in Court of Common Pleas — 43 P.S. § 962(c)(1); PHRC Docket No. [____________]

To the Commission:

1. Complainant [NAME] filed a verified complaint of discrimination on [__/__/____] (PHRC No. [____________]) against Respondent [EMPLOYER].

2. More than one (1) year has elapsed since the filing of the PHRC complaint, and the matter has not been resolved by conciliation, dismissed, or otherwise disposed of.

3. Pursuant to 43 P.S. § 962(c)(1), Complainant hereby provides notice of intent to commence a civil action in the Court of Common Pleas of [_______] County, Pennsylvania.

4. Please confirm in writing the current status of the PHRC investigation and provide any case-closing documentation that may be required as an exhibit to the court complaint.

5. Complainant reserves all rights to seek the full range of remedies available under the PHRA in court, including compensatory damages, equitable relief, and attorney's fees under § 962(c.2).

Respectfully,

[________________________________]
[NAME / Counsel]

Part D — Civil Complaint (Court of Common Pleas Template)

Caption

IN THE COURT OF COMMON PLEAS OF [_______] COUNTY, PENNSYLVANIA

CIVIL DIVISION

No.: [____________]

CIVIL ACTION — COMPLAINT

JURY TRIAL DEMANDED

Notice to Defend

[Standard Pa. R. Civ. P. 1018.1 notice in English and Spanish — insert per local rule]

I. Parties

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

2. Defendant [EMPLOYER] is a [Pennsylvania corporation/LLC] with its principal place of business at [ADDRESS], and is an "employer" within 43 P.S. § 954(b) (4+ employees).

II. Jurisdiction and Venue

3. This Court has subject-matter jurisdiction over PHRA claims under 43 P.S. § 962(c).

4. Venue is proper in [COUNTY] County under Pa. R. Civ. P. 1006 because the cause of action arose in this county and/or Defendant regularly conducts business here.

III. Exhaustion of Administrative Remedies

5. On [__/__/____], Plaintiff filed a verified complaint with the PHRC (Docket No. [____________]), cross-filed with the EEOC (Charge No. [____________]).

6. More than one (1) year has elapsed since the PHRC filing without resolution OR PHRC dismissed the complaint on [__/__/____].

7. Plaintiff has satisfied all administrative prerequisites under 43 P.S. § 962(c).

8. ☐ EEOC issued a Notice of Right to Sue on [__/__/____] (Exhibit A) — federal claims preserved.

IV. Factual Background

9. [Expanded factual narrative — incorporating Charge particulars with names, dates, documentary references.] [________________________________]

V. Causes of Action

Count I — Unlawful Discrimination under PHRA (43 P.S. § 955(a)) — Against [EMPLOYER]

10–17. [Protected class; qualification; adverse action; circumstances supporting inference; pretext.]

Count II — Retaliation under PHRA (43 P.S. § 955(d))

18–22. [Protected activity; adverse action; causal nexus.]

Count III — Hostile Work Environment Harassment under PHRA

23–28. [Severe or pervasive; protected class; objectively/subjectively offensive; employer notice and failure to remediate.]

Count IV — Failure to Accommodate (PHRA — disability/religion/pregnancy)

29–33. [Known limitation; accommodation request; failure / unreasonable denial.]

Count V — Title VII / ADA / ADEA (parallel federal claims with EEOC RTS)

34–39. [Federal claims preserved by EEOC RTS — punitive damages available subject to § 1981a caps.]

Count VI — Wrongful Discharge in Violation of Public Policy (PA common-law tort) (where statutory remedies inadequate or independent public-policy hook applies — Geary v. U.S. Steel, 319 A.2d 174 (Pa. 1974))

40–44.

Count VII — Local Ordinance (Philadelphia Fair Practices Ordinance OR Pittsburgh Code) (if applicable — captures individual liability and broader protections)

45–50.

VI. Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant for:

a. Back pay and benefits with prejudgment interest;
b. Front pay or reinstatement;
c. Compensatory damages for emotional distress, mental anguish, humiliation, and loss of enjoyment of life;
d. Punitive damages — ONLY on federal counts (PHRA does not authorize punitives per Hoy v. Angelone);
e. Reasonable attorney's fees and costs under 43 P.S. § 962(c.2) and parallel federal fee-shifting statutes;
f. Equitable relief, including reinstatement, policy reform, training, and cease-and-desist orders;
g. Such other relief as the Court deems just.

VII. Jury Demand

Plaintiff demands a trial by jury on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (Pa. Attorney ID No. [____])
[FIRM]
[ADDRESS]
Telephone: [_____] | Email: [_____]
ATTORNEYS FOR PLAINTIFF

Verification

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. This statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

[________________________________]
[PLAINTIFF NAME]

Date: [__/__/____]

Part E — Pre-Filing Checklist

☐ Adverse employment action documented (date, decision-maker, communications)

☐ Protected class identified — including PHRA-specific bases (GED, abortion/sterilization, service animal, association)

☐ Employer-size confirmed (4+ employees triggers PHRA; <15 means EEOC inapplicable)

☐ SO/GI claim framed under PHRC 2018 Guidance ("sex") and any applicable local ordinance

☐ Comparator evidence gathered

☐ Pretext evidence preserved

☐ Personnel file requested (PA Personnel Files Act, 43 P.S. § 1321 — limited)

☐ Continuing-violation analysis under PA law

☐ EEOC dual-filing analyzed (cross-file to preserve federal punitive exposure)

☐ 180-day PHRA SOL calendared with 30-day buffer

☐ 300-day EEOC SOL calendared

☐ 1-year PHRC mandatory wait calendared from PHRC filing date

☐ Court of Common Pleas venue determined (county nexus)

☐ Damages computed — note no PHRA punitives (Hoy); rely on federal Title VII for punitive multiplier

☐ Attorney's fees claim documented under § 962(c.2)

☐ Local ordinance overlay analyzed (Philadelphia FPO, Pittsburgh, ~50 PA municipalities — individual liability and broader protections)

☐ Litigation hold notice sent to employer

☐ Arbitration agreement reviewed (FAA, EFAA carve-out for sexual harassment/assault under 9 U.S.C. §§ 401–402)

☐ Verification of complaint under 18 Pa. C.S. § 4904 prepared

Sources and References

• Pennsylvania Human Relations Commission: https://www.pa.gov/agencies/phrc
• PHRC complaint filing: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint
• Pennsylvania Human Relations Act (43 P.S. §§ 951–963): https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1955/0/0222..HTM
• 16 Pa. Code Ch. 41–45 (PHRC regulations): https://www.pacodeandbulletin.gov
• PHRC 2018 Guidance — sex includes SO/GI: https://www.phrc.pa.gov/AboutUs/Documents/2018-SexHarassment-Guidance.pdf (interpretive guidance)
• Hoy v. Angelone, 720 A.2d 745 (Pa. 1998) (no PHRA punitive damages)
• Geary v. U.S. Steel, 319 A.2d 174 (Pa. 1974) (wrongful-discharge tort)
• PHRC v. U.S. Steel, 458 Pa. 559 (continuing violation)
• Philadelphia Fair Practices Ordinance: https://www.phila.gov/departments/philadelphia-commission-on-human-relations
• Pittsburgh Commission on Human Relations: https://pittsburghpa.gov/chr
• EEOC Philadelphia District Office work-sharing with PHRC