What is illegal employment discrimination?
Employment discrimination for employees
The Pennsylvania Human Relations Act makes it unlawful to discriminate on the basis of a protected class in the workplace. This applies to all facets of employment, not just hiring and firing.
Employment discrimination for employeers
The Pennsylvania Human Relations Act generally applies to any employer with at least four employees and individual contractors. The Act makes it unlawful to discriminate on the basis of a protected group in the workplace this applies to all facets of employment not just hiring and firing.
In employment, it is illegal to discriminate against someone based on:
- Race (including protective hairstyles)
- Color
- Sex (including gender identity, sexual orientation, etc)
- Age (over 40)
- Religious creed
- National origin
- Ancestry
- Having a GED rather than a high school diploma
- Disability
- Relationship to a person with a disability
- Use of a guide or service animals for a disability
Retaliation is also illegal, and the law protects you if you stand up against discrimination.
Employment discrimination can be:
- When decisions about hiring, layoffs, pay, or other work terms or conditions are based on factors other than qualifications or job performance.
- The actions of a boss, supervisor, or coworker towards a specific person or a whole group.
- A company's policies or practices or the way they are applied.
In hospital and health care employment settings, it is illegal to discriminate against someone based on:
- Participation in abortion or sterilization procedures.
- Refusal to participate in abortion or sterilization procedures.
Employment discrimination for employees- Spanish
The Pennsylvania Human Relations Act makes it unlawful to discriminate on the basis of a protected class in the workplace. This applies to all facets of employment, not just hiring and firing.
Employment discrimination for employers- Spanish
The Pennsylvania Human Relations Act generally applies to any employer with at least four employees and individual contractors. The Act makes it unlawful to discriminate on the basis of a protected group in the workplace this applies to all facets of employment not just hiring and firing.
Frequently Asked Questions
- Firing or demoting someone based on factors other than job performance.
- Lowering someone's pay or paying them less than a coworker with a comparable job if the pay difference is based on factors other than job performance.
- Applying a policy that negatively affects one group of people more than others.
- Offering different discipline, work terms, conditions, benefits, or pay to one group and not another.
- Refusing to provide reasonable accommodation for a worker with a disability.
- Discriminatory job advertisements.
- Racial or sexual harassment.
- Age or pregnancy discrimination.
According to the PHRA, you are not considered an employee if:
- You are employed in agriculture or domestic service of any person.
- You live in the personal residence of your employer.
- Your employer is your parent, spouse, or child.
An employer includes the following:
- The Commonwealth or any political subdivision or board, department, commission, or school district.
- Any business/person employing four or more people.
- An employer does not religious, fraternal, or charitable corporations or associations unless it receives government funds.
Contact the PHRC
If you have questions about illegal employment discrimination, contact us.
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