Disability Discrimination Laws in Pennsylvania: ADA & State Rights

The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) prohibits discrimination against employees with disabilities by employers with 15 or more employees. Under Title I of the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. The law requires employers to provide reasonable accommodations—modifications to the work environment or job duties—unless doing so would cause undue hardship to the business. Undue hardship is determined by considering the nature and cost of the accommodation relative to the employer's resources and operations.

The Equal Employment Opportunity Commission (EEOC) enforces the ADA. Covered conduct includes discrimination in hiring, firing, advancement, compensation, job training, and other terms and conditions of employment. The EEOC investigates charges of discrimination and can seek remedies including back pay, front pay, compensatory damages, and attorney's fees. Employees can file a charge with the EEOC within 180 days of the discriminatory act in non-deferral states; in deferral states like Pennsylvania, the deadline is typically 180 days from the act but coordinated through the state agency.

The ADA also prohibits retaliation against employees who assert their rights under the law or participate in the investigation process. Medical information must be kept confidential, and employers cannot ask disability-related questions or require medical examinations unless job-related and consistent with business necessity.

Pennsylvania's Human Relations Act (43 Pa. Stat. § 951 et seq.) provides disability discrimination protections that are in many respects broader than the federal ADA. The PHRA applies to employers with four or more employees, creating a lower threshold than the ADA's 15-employee requirement. This means Pennsylvania employers with 4-14 employees are still subject to state disability discrimination law even if not covered by the ADA.

Under the PHRA § 955(a), it is unlawful for an employer to refuse to hire, employ, promote, or discharge any individual because of disability, or to otherwise discriminate against that individual in compensation, job training, or any other term, condition, or privilege of employment. Pennsylvania law defines disability broadly to include any physical or mental impairment that substantially limits a major life activity, as well as a record of such impairment or being regarded as having such an impairment. The state definition aligns closely with the ADA but has been interpreted by Pennsylvania courts to cover a wider range of conditions in some contexts.

The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA and investigates charges of disability discrimination. A key distinction from federal law is that Pennsylvania allows for punitive damages in addition to compensatory damages when discrimination is intentional or reckless. The PHRA also provides for attorney's fees and costs to prevailing employees. Pennsylvania law requires employers to provide reasonable accommodations, with the same undue hardship standard as the ADA, but state case law has sometimes imposed higher burdens on employers to justify why an accommodation cannot be made.

Employees who file with the PHRC are protected from retaliation under state law. The PHRC coordinates with the EEOC through a dual-filing agreement, meaning a single charge filed with the PHRC is automatically cross-filed with the EEOC. This protects employees' federal rights while allowing the state agency to take the lead on investigation.

Pennsylvania disability discrimination law contains important exceptions and limitations. An employer is not required to provide a reasonable accommodation if doing so would impose an undue hardship on the business, evaluated by considering the nature and cost of the accommodation, the overall financial resources of the employer, and the employer's type of business operation. Undue hardship can include significant difficulty or expense relative to the employer's resources; small employers are held to a lower standard of undue hardship than large ones.

An employer may refuse to hire or may discharge an employee with a disability if the individual, even with reasonable accommodation, cannot perform the essential functions of the job. Essential functions are the core duties of the position; employers must distinguish between essential and marginal duties. For example, if a job requires frequent lifting of heavy items and no accommodation can address this, an employer may refuse to hire a person unable to lift, provided this is truly essential and not merely convenient or traditional.

Employers are not required to provide accommodations that fundamentally alter the nature of the business or job, or that create a direct threat to the health or safety of the employee or others. Direct threats must be based on objective medical evidence, not speculation or stereotypes about disability. An employer may also refuse accommodation if the employee cannot meet legitimate job requirements such as licenses or certifications that are necessary to perform the job.

The PHRA contains a minor exception for certain religious organizations and entities controlled by religious organizations, though the scope of this exception is narrower than under Title VII. At-will employment principles apply, meaning an employer can terminate an employee with a disability for non-discriminatory reasons (poor performance, layoffs, misconduct). However, the employer bears the burden of proving the reason is legitimate and not pretextual discrimination.

Step 1: Document the discrimination. Keep detailed records of the dates, times, locations, and descriptions of all discriminatory acts or denial of accommodations. Save emails, text messages, performance reviews, and any written communication from your employer. Document your request for reasonable accommodation in writing (email is sufficient) and the employer's response. Keep medical records, accommodation requests, and any communications about your disability confidential but accessible. Take screenshots of any messages that may be deleted and retain copies of your job description and essential job functions.

Step 2: Exhaust internal complaint procedures if available. Most employers have an HR department or equal employment opportunity (EEO) officer. Submit a written complaint describing the discrimination and the accommodation you need, keeping a copy for yourself. Follow your employee handbook's complaint procedures and note the date you submitted your internal complaint. While internal complaints are not required before filing with the PHRC, they create a paper trail and may prompt the employer to cure the violation. Request a written response from HR or management and document any retaliation that follows your internal complaint, as retaliation itself is illegal.

Step 3: File a charge with the Pennsylvania Human Relations Commission (PHRC). You have 180 days from the discriminatory act to file. Visit the PHRC website at www.phrc.pa.gov or contact them at (717) 787-9780 (Harrisburg) or (215) 560-2496 (Philadelphia). You can file online, by mail, or in person. Your charge should include your name, address, phone number, and email; the employer's name and address; the date(s) of discrimination; a detailed description of what happened; and a description of the accommodation you requested and were denied. The PHRC will assign a charges investigator and issue you a confirmation letter. Alternatively, you can file with the Equal Employment Opportunity Commission (EEOC) at www.eeoc.gov or by calling 1-800-669-4000, and it will be cross-filed with the PHRC under Pennsylvania's dual-filing agreement.

Step 4: Participate in the PHRC investigation. The PHRC investigator will contact you and the employer to gather facts. You may be asked to provide additional documents, witness names, and clarifications. The employer will be required to submit a response to your charge within a specified time. The investigator will interview relevant witnesses and review employment records. This process typically takes 120-365 days. You have the right to request a hearing before the PHRC if you disagree with the investigator's findings, where you can present evidence and witnesses. If the PHRC finds reasonable cause that discrimination occurred, it will attempt to conciliate (negotiate a settlement). If conciliation fails, the case may proceed to an administrative hearing before a hearing officer.

Step 5: Consult an attorney if needed. Consider consulting a disability discrimination attorney if the employer retaliates against you for filing, if the PHRC investigation stalls, or if the violation caused significant damages. An employment attorney experienced in disability rights can help you understand your options, negotiate settlements, prepare for hearings, and file additional claims if necessary. Many disability discrimination attorneys work on contingency, meaning they take payment only if you win or settle. Contact the Pennsylvania Bar Association's Lawyer Referral Service at (800) 692-7375 or visit www.pabar.org to find qualified disability rights attorneys in your area.