Pennsylvania Human Relations Commission (PHRC) Administrative Charge of Discrimination

CHARGE OF DISCRIMINATION — PENNSYLVANIA HUMAN RELATIONS COMMISSION (PHRC)

TABLE OF CONTENTS

1. Filing Information
2. Complainant Information
3. Respondent Information
4. Bases of Discrimination
5. Cause of Action / Type of Harm
6. Date(s) of Alleged Discrimination
7. Statement of Particulars
8. Relief Requested
9. Dual Filing with EEOC
10. Verification
11. Authorization to Disclose / Representation
12. Submission Checklist
13. Pennsylvania Practice Notes
14. Sources and References

1. FILING INFORMATION

PENNSYLVANIA HUMAN RELATIONS COMMISSION

333 Market Street, 8th Floor

Harrisburg, PA 17101-2210

Telephone: (717) 787-4410

TTY: (717) 787-7279

Website: https://www.pa.gov/agencies/phrc.html

2. COMPLAINANT INFORMATION

3. RESPONDENT INFORMATION

Respondent #1 — Primary (Employer / Housing Provider / Place of Public Accommodation)

Respondent #2 — Individual (if applicable)

4. BASES OF DISCRIMINATION

I believe I have been discriminated against on the basis of one or more of the following protected classes under the PHRA, 43 P.S. § 955, as expanded by 16 Pa. Code §§ 41.201–41.206:

☐ Race / Color (incl. traits historically associated with race per 16 Pa. Code § 41.204)

☐ Religious Creed (broadly defined per 16 Pa. Code § 41.205)

☐ Ancestry

☐ Age (40 or older)

☐ Sex — includes (per 16 Pa. Code § 41.206, eff. Aug. 16, 2023):

☐ Sex assigned at birth

☐ Pregnancy / childbirth / breastfeeding / related medical conditions

☐ Gender / gender identity / gender expression

☐ Sexual orientation (heterosexuality, homosexuality, bisexuality, asexuality)

☐ Differences of sex development / intersex characteristics

☐ National Origin

☐ Non-Job-Related Handicap or Disability (PHRA) / Disability (ADA)

☐ Use of a Guide or Support Animal

☐ Possession of a GED rather than a high-school diploma

☐ Familial Status (housing only)

☐ Retaliation (43 P.S. § 955(d) — for opposing discrimination, filing a complaint, testifying, or assisting in proceedings)

5. CAUSE OF ACTION / TYPE OF HARM

I allege the following type(s) of unlawful discriminatory practice:

☐ Failure to hire (43 P.S. § 955(a))

☐ Discharge / termination (43 P.S. § 955(a))

☐ Constructive discharge

☐ Demotion

☐ Failure to promote

☐ Disparate pay / compensation discrimination

☐ Discriminatory terms and conditions of employment

☐ Hostile work environment / harassment

☐ Sexual harassment (quid pro quo and/or hostile environment)

☐ Failure to provide reasonable accommodation (disability or religion)

☐ Pregnancy / lactation accommodation refusal

☐ Retaliation (43 P.S. § 955(d))

☐ Aiding and abetting (against individual respondent — 43 P.S. § 955(e))

☐ Housing discrimination (43 P.S. § 955(h))

☐ Public accommodation discrimination (43 P.S. § 955(i))

☐ Education discrimination (43 P.S. § 955(l))

☐ Other: [________________________________]

6. DATE(S) OF ALLEGED DISCRIMINATION

7. STATEMENT OF PARTICULARS

I, [COMPLAINANT NAME], hereby allege and state the following:

7.1. I am a member of one or more classes protected under the PHRA, specifically: [describe protected status — e.g., "I am a Black woman, age 47, with type-1 diabetes (an ADA-qualifying disability)"].

7.2. I was hired by Respondent on [__/__/____] as a [POSITION]. My most recent rate of pay was [$_____ per hour / week / year], with the following benefits: [describe].

7.3. Throughout my employment, I performed my duties competently. [Describe performance record — reviews, awards, length of service, promotions.]

7.4. The following discriminatory acts occurred:

a. On [__/__/____]: [Describe Act #1 in detail — who, what, where, witnesses, exact words used if relevant.]

b. On [__/__/____]: [Describe Act #2.]

c. On [__/__/____]: [Describe Act #3.]

d. [Add additional dated acts as needed.]

7.5. [Comparators — identify similarly situated employees outside the protected class who were treated more favorably, by name and circumstance.]

7.6. [Protected activity (if retaliation) — describe the date, nature, and recipient of any internal complaints, EEOC/PHRC charges, or participation in investigations that preceded the adverse action.]

7.7. [Accommodation request (if disability/religion/pregnancy) — describe the request, date, response, and impact.]

7.8. On [__/__/____], Respondent [describe the ultimate adverse action — termination, demotion, transfer, etc.]. The reason given by Respondent was [stated reason], which I believe is pretextual because [reasons].

7.9. As a direct and proximate result of Respondent's discriminatory conduct, I have suffered the following harm: [lost wages and benefits in the amount of approximately $_____, emotional distress, medical impact, loss of professional reputation, etc.].

7.10. I have not filed any other charge or complaint regarding these same allegations except as follows: [describe any prior internal complaint, union grievance, EEOC filing, etc., or state "None."]

8. RELIEF REQUESTED

I request that the PHRC investigate this charge and obtain the following relief:

☐ Reinstatement to my former position with full seniority and benefits

☐ Back pay for lost wages and benefits from the date of the adverse action through resolution

☐ Front pay in lieu of reinstatement, if reinstatement is not feasible

☐ Compensatory damages for emotional distress and other non-economic harm

☐ Reasonable accommodation of my disability / religion / pregnancy

☐ Injunctive relief prohibiting further discrimination, harassment, or retaliation

☐ Mandatory training of Respondent's supervisors and employees on PHRA compliance

☐ Posting of PHRA notices at Respondent's worksite

☐ Expungement of negative entries from my personnel file

☐ Reasonable attorney's fees and costs

☐ Other: [________________________________]

9. DUAL FILING WITH EEOC

☐ I request that this charge be DUAL-FILED with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the PHRC–EEOC work-sharing agreement and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act, the Americans with Disabilities Act, and/or 42 U.S.C. § 1981 (as applicable).

EEOC Philadelphia District Office:

801 Market Street, Suite 1300

Philadelphia, PA 19107-3127

Telephone: 1-800-669-4000

EEOC Pittsburgh Area Office:

William S. Moorhead Federal Building

1000 Liberty Avenue, Suite 1112

Pittsburgh, PA 15222

10. VERIFICATION

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF [________________________________]

I, [COMPLAINANT NAME], having been duly sworn (or having affirmed) according to law, depose and say that:

1. I am the Complainant in this matter.

2. I have read the foregoing Charge of Discrimination, including the Statement of Particulars in Section 7.

3. The facts and statements set forth in this Charge are true and correct to the best of my knowledge, information, and belief.

4. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

[________________________________]

[COMPLAINANT NAME], Complainant

Date: [__/__/____]

Sworn to (or affirmed) and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public / Commission Officer

(My Commission Expires: [__/__/____])

11. AUTHORIZATION TO DISCLOSE / REPRESENTATION

A. Authorization

I authorize the PHRC and any cross-filing agency (including the EEOC) to disclose the contents of this charge and supporting documents to the named Respondent(s) and to such other persons or entities as may be necessary to investigate and resolve this charge.

[________________________________]

[COMPLAINANT NAME], Date: [__/__/____]

B. Attorney Representation (if applicable)

I designate the above-named attorney as my representative in all matters relating to this charge.

[________________________________]

[COMPLAINANT NAME], Date: [__/__/____]

12. SUBMISSION CHECKLIST

Before submitting this charge, confirm the following:

☐ Filed within 180 days of the most recent discriminatory act (43 P.S. § 959(h))

☐ Verified under 18 Pa.C.S. § 4904 (or notarized)

☐ Names every respondent, including any individual supervisor for § 955(e) liability

☐ States all applicable bases (every protected class implicated)

☐ Identifies dates, locations, witnesses, and comparators

☐ Indicates dual filing with EEOC (if federal claims are implicated)

☐ Attaches supporting documents (offer letters, performance reviews, emails, medical records for accommodation claims, comparator data, internal complaint records)

☐ Includes contact information for Complainant and counsel

☐ Signed and dated

☐ Copy retained by Complainant for records

Submission options:

• Online: PHRC Online Portal at https://www.pa.gov/services/phrc/file-an-employment-discrimination-complaint.html
• Mail: PHRC, 333 Market Street, 8th Floor, Harrisburg, PA 17101-2210
• In person: Harrisburg, Philadelphia, or Pittsburgh regional office
• Phone (intake): (717) 787-4410

13. PENNSYLVANIA PRACTICE NOTES

• 180-Day Filing Deadline (Strict). Under 43 P.S. § 959(h), the PHRC must receive the verified complaint within 180 days of the alleged discriminatory act. Pennsylvania appellate courts and the Third Circuit treat the deadline as a mandatory prerequisite to suit; equitable tolling and estoppel are available only in narrow circumstances. Cf. Woodson v. Scott Paper Co., 109 F.3d 913 (3d Cir. 1997). Missing the PHRA deadline generally bars the state-law claim even if the federal Title VII charge (filed within 300 days in deferral state Pennsylvania) is timely.

• Employer Threshold = 4 Employees. The PHRA covers any employer with four (4) or more employees in Pennsylvania (43 P.S. § 954(b)) — substantially broader than Title VII (15) and ADEA (20). Use the PHRC charge to reach small employers exempt from federal coverage.

• 2023 Expanded Definitions of "Sex," "Race," "Religious Creed." Effective August 16, 2023, the PHRC's regulations at 16 Pa. Code §§ 41.204–41.206 expanded statutory terms:

• Sex: sex assigned at birth, pregnancy, childbirth, breastfeeding, gender, gender identity, gender expression, affectional or sexual orientation, differences of sex development, intersex characteristics.
• Race: traits historically associated with race, including hair texture and protective hairstyles.
• Religious creed: broader than narrowly held theological beliefs.

These regulations are interpretive and have NOT been ratified by statute; they have been challenged in Commonwealth Court litigation. Always plead alternative federal theories (e.g., Title VII Bostock for SO/GI; PWFA / Title VII for pregnancy) to preserve relief.

• No Punitive Damages Under PHRA. Hoy v. Angelone, 554 Pa. 134, 720 A.2d 745 (Pa. 1998). The PHRA does not authorize punitive damages. Compensatory damages, back pay, front pay, reinstatement, injunctive relief, and reasonable attorney's fees ARE recoverable (43 P.S. § 962(c.2)). To obtain punitive damages, preserve federal claims through EEOC dual filing (Title VII subject to § 1981a caps; § 1981 uncapped; ADA subject to caps).

• Individual Liability for Supervisors. Under 43 P.S. § 955(e), individual supervisors who aid, abet, incite, compel, or coerce discriminatory practices may be held personally liable. Name them as separate respondents on the charge to preserve § 955(e) claims. See Dici v. Pennsylvania, 91 F.3d 542 (3d Cir. 1996).

• Dual Filing with EEOC. The PHRC and EEOC have a long-standing work-sharing agreement. Indicate dual filing on the PHRC form. The PHRC ordinarily handles investigation; the EEOC holds the federal charge in deferred status. The 300-day Title VII window in Pennsylvania (a deferral state) is preserved when the PHRC charge is timely filed.

• One-Year Wait Before Suit. Under 43 P.S. § 962(c)(1), Complainant cannot file a private action in the Court of Common Pleas until ONE YEAR after the PHRC charge filing (or earlier if the PHRC issues a notice of right to sue / closure). The two-year statute of limitations on the civil action runs from the right-to-sue notice; confirm with current authority.

• PHRC Investigation Process. After acceptance, the charge is served on Respondent, which must answer within 30 days. The PHRC investigates (interviews, document requests, position statements), may attempt conciliation, and may issue a probable-cause finding. If probable cause is found and conciliation fails, the matter may proceed to a public hearing before a PHRC panel. Most charges are resolved through investigation and conciliation rather than hearing.

• Confidentiality. PHRC investigative files are generally confidential under 43 P.S. § 959(c) until and unless the matter is set for public hearing or litigated in court.

• Other PHRA Coverage Areas. In addition to employment, the PHRA covers housing (43 P.S. § 955(h)), public accommodations (§ 955(i)), commercial property, and education (§ 955(l)). Different limitations and bases may apply (e.g., familial status applies to housing).

• Local Human Relations Commissions. Some Pennsylvania municipalities (Philadelphia, Pittsburgh, Allentown, Reading, Erie, etc.) have their own human relations ordinances and commissions providing parallel and sometimes broader protection. Filing with the PHRC does not preclude a parallel local filing if jurisdictionally appropriate.

14. 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/
• 43 P.S. § 959 (PHRC procedure / 180-day deadline)
• 43 P.S. § 962 (private right of action / one-year wait)
• Pennsylvania Human Relations Commission — https://www.pa.gov/agencies/phrc.html
• File a Complaint (PHRC) — https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint.html
• File an Employment Discrimination Complaint — https://www.pa.gov/services/phrc/file-an-employment-discrimination-complaint.html
• 16 Pa. Code §§ 41.201–41.206 (2023 expanded definitions, eff. Aug. 16, 2023)
• Hoy v. Angelone, 554 Pa. 134, 720 A.2d 745 (Pa. 1998) (no PHRA punitives) — https://caselaw.findlaw.com/court/pa-supreme-court/1309828.html
• Woodson v. Scott Paper Co., 109 F.3d 913 (3d Cir. 1997) (PHRA exhaustion / dual filing) — 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 SO/GI)
• EEOC Philadelphia District Office — https://www.eeoc.gov/field-office/philadelphia
• 18 Pa.C.S. § 4904 (unsworn falsification — verification language)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. PHRC charges must be filed within 180 days of the discriminatory act under 43 P.S. § 959(h); this deadline is generally jurisdictional and not waivable. Have this document reviewed by a Pennsylvania-licensed attorney before filing. The PHRC's 2023 regulatory expansion of "sex" (16 Pa. Code § 41.206) is interpretive and subject to ongoing litigation; preserve alternative federal theories through EEOC dual-filing.