Pennsylvania Employment Law

The Pennsylvania Human Relations Act prohibits employment discrimination based on race, color, religious creed, ancestry, age (40+), sex, national origin, familial status, handicap or disability, use of a guide or support animal, and GED vs. high school diploma status. The Act covers employers with four or more employees and complaints must be filed within 180 days with the Pennsylvania Human Relations Commission. Notably, the PHRA does not include sexual orientation or gender identity as protected classes at the state level, though many Pennsylvania municipalities have local ordinances providing such protections.

Construction-industry-specific anti-misclassification statute; applies a strict 3-prong test for independent contractor status, with penalties for willful misclassification.

Limits employer use of criminal history: felony/misdemeanor convictions may be considered only to the extent they relate to suitability for the position. Employer must notify applicant in writing if denial is based on criminal history.

Prohibits sex-based wage discrimination for comparable work performed under similar conditions.

Prohibits employers from depriving employees of employment, threatening, or coercing them because of jury service.

Prohibits employers from discriminating against employees solely because they are a certified medical-marijuana user. Carve-outs for impairment at work, federal compliance, and certain safety-sensitive duties.

Pennsylvania does NOT have a state mini-WARN statute. Mass layoffs covered only by federal WARN Act.

Protects public employees and employees of bodies that receive public funds (including private nonprofits/contractors) from retaliation for reporting waste, wrongdoing, or violations of law.

Requires timely payment of all wages owed; permits 25% liquidated damages for willful failure; provides individual liability for officers and managers; final wages due on next regular payday.

The Philadelphia Fair Practices Ordinance provides employment discrimination protections that significantly exceed Pennsylvania state law, which lacks explicit protections for sexual orientation and gender identity. The ordinance covers employers with 1 or more employees and includes unique protected classes such as domestic/sexual violence victim status and GED/diploma status. It is enforced by the Philadelphia Commission on Human Relations.

The Philadelphia Fair Criminal Record Screening Standards prohibit employers from inquiring about criminal history on an initial employment application. The ordinance applies to all employers with 1 or more employees and requires a conditional offer before criminal background inquiries may be conducted. It provides additional protections beyond Pennsylvania's statewide Clean Slate law.

The Pittsburgh Fair Practices Ordinance prohibits employment discrimination and covers employers with 5 or more employees. It is notably more protective than Pennsylvania state law because it explicitly includes sexual orientation and gender identity as protected classes. The ordinance is enforced by the Pittsburgh Commission on Human Relations.