Color Discrimination Laws in Pennsylvania: Know the Difference From Race Discrimination

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on color as a separate protected category from race. Color discrimination refers to bias based on skin tone—lighter or darker pigmentation—even among people of the same race or national origin. Federal law covers employers with 15 or more employees for 20 or more calendar weeks in the current or preceding calendar year. Title VII prohibits discrimination in hiring, firing, compensation, promotion, discipline, training, and all other terms and conditions of employment.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Employees must file a charge with the EEOC within 180 days of the discriminatory act in non-deferral states, or 300 days in deferral states (states with their own civil rights agency). Once filed, the EEOC investigates the charge and issues a right-to-sue letter if probable cause is not found or if settlement cannot be reached. Remedies under Title VII include back pay, compensatory damages (emotional distress, reputational harm), and in cases of intentional discrimination, punitive damages up to $300,000 for employers with 500+ employees. Attorney fees and costs are also recoverable by prevailing plaintiffs. Successful Title VII claims can also result in injunctive relief requiring the employer to cease discriminatory practices and implement remedial measures.

Pennsylvania's Human Relations Act (PHRA), 43 P.S. § 951 et seq., provides broader color discrimination protections than federal Title VII in several critical ways. Pennsylvania is a deferral state, meaning the PHRC has primary jurisdiction to investigate discrimination complaints before federal involvement, and Pennsylvania's statute of limitations is 180 days from the discriminatory act, running concurrently with the federal 300-day limit for deferral states.

Under the PHRA, 43 P.S. § 955(a), it is an unlawful discriminatory practice for an employer to refuse to hire, employ, promote, demote, or discharge any individual, or to otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religious creed, ancestry, national origin, or sex. The PHRA covers employers with 4 or more employees, a significantly lower threshold than federal law's 15-employee requirement. This means smaller Pennsylvania employers are subject to state color discrimination protections when they would fall outside federal jurisdiction.

Color discrimination is recognized as a distinct form of bias under Pennsylvania law, separate from race discrimination. The PHRA definition is broader than some state statutes because it explicitly recognizes that color discrimination can occur within racial groups (e.g., discrimination against darker-skinned African Americans versus lighter-skinned African Americans). Pennsylvania case law has established that color discrimination claims require proof that the adverse employment action was motivated by the employee's color rather than race, even though the two are related.

Remedies under the PHRA are comparable to federal law but include specific provisions. Section 959 of the PHRA authorizes the PHRC to order the employer to cease the discriminatory practice, take affirmative action to remedy the effects of discrimination, and provide relief to injured parties. Relief includes back pay with interest, compensatory damages for emotional distress and other harms, and in some cases punitive damages. The PHRA also provides for attorney fees and costs recovery. Unlike some states, Pennsylvania does not cap compensatory or punitive damages in discrimination cases, making remedies potentially broader than federal caps.

Color discrimination protections have important limits under Pennsylvania law. The PHRA applies only to employers with 4 or more employees; sole proprietors and very small operations are exempt. Exclusions exist for bona fide occupational qualifications (BFOQs), though these are interpreted narrowly and color is almost never a legitimate BFOQ. Seniority systems and merit-based pay systems are not unlawful if applied uniformly and not intended to discriminate, though if a facially neutral system has a disparate impact based on color, the employer must show business necessity.

The affirmative action exception permits employers to take voluntary steps to remedy the effects of past discrimination, including consideration of color or race in hiring and promotion decisions, provided such programs are narrowly tailored and do not involve absolute bars or preferences that substantially disrupt expectations of non-minority employees.

Private employers with religious affiliations may assert a limited religious exemption under the PHRA for discrimination on the basis of religion, but this does not extend to color discrimination. Union membership, apprenticeship programs, and employee referral networks are subject to the same prohibitions as employers themselves.

At-will employment generally does not override discrimination protections; an at-will employee can still sue for color discrimination. However, employers may defend discriminatory actions if they can prove legitimate, non-discriminatory reasons for the employment decision through clear and convincing evidence. Reduction-in-force decisions based on objective criteria (performance, attendance, skill) applied uniformly may be defensible, but only if the employer proves absence of discriminatory intent. Pattern and practice evidence (multiple employees of similar color experiencing adverse actions) strengthens discrimination claims and weakens employer defenses based on individual merit.

Step 1 — Document Everything: Keep detailed records of discriminatory incidents, including dates, times, locations, witnesses, names of people involved, and what was said or done. Save all email communications, text messages, performance reviews, and written policies. Note how similarly situated employees of different colors were treated differently. Take photos or screenshots of offensive materials if visible in the workplace. Maintain a personal log with contemporaneous notes (written at or near the time of the incident) because these carry more weight than later recollections. Do not delete anything from your phone or computer.

Step 2 — Report Internally: Before filing an external complaint, follow your employer's complaint or grievance procedure if one exists. Check your employee handbook for the complaint process and deadline. Submit a written complaint to HR or management describing the discrimination and requesting investigation. Keep a copy for yourself and note the date and person who received your complaint. Request written acknowledgment of receipt. Internal complaints preserve evidence and allow employers an opportunity to remediate, which can strengthen your legal position. Even if internal resolution fails, this step demonstrates good faith and may be required before pursuing external remedies in some contexts. Request that the company conduct an investigation and provide results.

Step 3 — File with the Pennsylvania Human Relations Commission: You have 180 days from the discriminatory act to file a complaint with the PHRC. File online at www.phrc.pa.gov or by mail with the Pennsylvania Human Relations Commission, 301 Fifth Avenue, Pittsburgh, PA 15222 (717-787-9780 is the general phone number). Complaints can also be filed with PHRC regional offices in Philadelphia and Harrisburg. Provide your name, address, phone number, and email; your employer's name and address; dates of discrimination; description of what happened; names of witnesses; and any documentation. The PHRC will send you a case number and acknowledge receipt. Filing with the PHRC is mandatory before pursuing federal EEOC remedies in Pennsylvania because it is a deferral state, though you can also file with the EEOC simultaneously after 60 days if the PHRC has not resolved the case.

Step 4 — Investigation Process: The PHRC will investigate your complaint at no cost. An investigator will contact you and your employer, request documents, interview witnesses, and review the employer's policies and practices. The investigation typically takes 30–90 days depending on complexity. You will receive updates at each stage. The employer must respond to the complaint within 20 days of service. Once investigation concludes, the PHRC issues a Finding of Substantial or Non-Substantial Fact. If substantial evidence of discrimination is found, the case proceeds to conciliation. If conciliation fails, the case may be referred to a state administrative hearing before a hearing examiner, where you can present testimony and evidence. If discrimination is found at hearing, the examiner issues a recommended order. The PHRC commissioners review and issue a final order. The entire process from complaint to final order can take 1–2 years.

Step 5 — Consult an Attorney: Contact an employment discrimination attorney licensed in Pennsylvania as soon as possible—ideally before or immediately after filing an internal complaint. An attorney can advise whether your case is strong, help preserve evidence, negotiate with the employer, represent you before the PHRC, and pursue federal claims if necessary. Most discrimination attorneys work on contingency (no upfront fees) and are paid from settlement proceeds or judgment. You can find attorneys through the Pennsylvania Bar Association's Lawyer Referral Service (800-932-0178) or through legal aid organizations. An attorney can help you understand whether you have claims beyond color discrimination (retaliation, hostile work environment, etc.) and can maximize your recovery.