National Origin Discrimination Laws in Pennsylvania

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on national origin in hiring, firing, compensation, job training, and other terms and conditions of employment. The law applies to private employers with 15 or more employees, state and local government employers regardless of size, labor unions, and employment agencies.

National origin discrimination under federal law includes discrimination based on country of origin, ethnic group, accent, inability to speak English fluently, or citizenship status. The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Employees must file an EEOC charge within 180 days of the discrimination in non-deferral states. In deferral states like Pennsylvania, the charge can be filed with the state agency first, which extends the federal deadline to 300 days.

Federal remedies include back pay, front pay, compensatory damages for emotional distress and humiliation, punitive damages against non-government employers, and injunctive relief requiring the employer to change policies. Employees may also recover attorney's fees and costs. The EEOC investigates charges and can issue a right-to-sue letter if no settlement is reached.

Pennsylvania's Human Relations Act (PHRA), 43 P.S. § 955, prohibits discrimination in employment based on national origin, ethnicity, ancestry, and related characteristics. The PHRA is broader than federal Title VII in three critical ways: it covers employers with only 4 or more employees (versus 15 federally), it is not limited by the 180-day federal filing deadline when filed with the state, and it explicitly prohibits discrimination based on ancestry and ethnic background as distinct from national origin.

The Pennsylvania Human Relations Commission (PHRC), 43 P.S. § 962, enforces the PHRA and has jurisdiction over all employers in Pennsylvania with 4 or more employees, regardless of whether they are also covered by Title VII. This means sole proprietors with 4 employees and small businesses have clear state-law protections unavailable federally. The PHRC defines national origin discrimination to include discrimination based on accent or manner of speaking, citizenship or immigration status, and ethnic or cultural association.

Pennsylvania state law covers the same substantive prohibitions as federal law—discrimination in hiring, firing, compensation, job assignment, promotion, and training based on national origin. However, the state law explicitly includes protections for employees with accents or manner of speaking, which federal courts have been inconsistent about protecting. Additionally, Pennsylvania recognizes claims involving English-only workplace policies when they are applied discriminatorily or without legitimate business justification.

Remedies under Pennsylvania law are identical to federal law: back pay, front pay, compensatory damages (including emotional distress, humiliation, and damage to reputation), and punitive damages. The PHRC can also issue cease-and-desist orders and require affirmative action. Importantly, Pennsylvania does not impose a cap on compensatory damages, whereas federal Title VII allows unlimited compensatory and punitive damages when there is intentional discrimination. An employee may pursue both state and federal remedies through dual filing.

National origin discrimination protections do not apply to religious organizations operating in a religious context, though even religious employers are subject to Title VII's ban on discrimination. Bona fide occupational qualifications (BFOQs) provide a narrow defense if an employer can demonstrate that national origin is reasonably necessary to the operation of the business—this is extremely rare and the burden is on the employer. Examples might include a foreign film production company hiring actors of a specific nationality, but the defense is applied very strictly.

Employers may impose English-language requirements if job-related and applied uniformly, but not if the requirement is a pretext for discrimination or is applied selectively based on national origin. Accent-based discrimination is actionable only if the accent materially interferes with job performance; mere preference for a certain accent is unlawful. Employers may not require employees to hide cultural or ethnic identity or deny promotions based on accent unless communication is a legitimate business necessity.

At-will employment does not shield employers from national origin discrimination claims—at-will status means either party can terminate the relationship without cause, but not for illegal reasons like national origin. Immigrant workers, including those without documented immigration status, are protected under both Title VII and the PHRA; federal law does not require citizenship. Union employees are protected and may file charges; union collective-bargaining agreements cannot waive statutory anti-discrimination rights. Independent contractors are generally not protected, though the PHRA may apply if the relationship is employment-like. Harassment based on national origin is a form of discrimination covered by the same legal standards.

**Step 1: Document the Discrimination**

Immediately begin documenting all instances of discrimination based on national origin. Keep a written log including the date, time, location, what happened, who was present, and any witnesses. Save all emails, messages, performance reviews, and communications that evidence discrimination or national origin-based hostility. If slurs, accent-mocking, or comments about citizenship or foreign origin occur, record verbatim what was said. Note any sudden changes in job duties, pay, or scheduling that coincided with discrimination or complaints. Preserve any organizational charts or evidence showing disparate treatment compared to similarly-situated employees of different national origins. Take screenshots of discriminatory messages and keep originals of written materials.

**Step 2: File an Internal Complaint**

Before filing externally, file a formal written complaint with your employer's HR department, manager, or designated compliance officer. Send the complaint via email to create a timestamped record. In the complaint, clearly state that you are experiencing discrimination based on national origin (be specific: accent, citizenship, country of origin, ethnic background, or ancestral background). Include dates, locations, witnesses, and specific discriminatory comments or actions. Request a written response and investigation within 10 business days. Keep copies of this complaint and any responses. Internal complaints create important documentation and may trigger the employer's duty to investigate. However, filing an internal complaint does not start the statute of limitations—you must still file an external charge within 180 days. Some employers have mandatory reporting or anti-retaliation policies triggered by complaints, so documentation that you complained is critical.

**Step 3: File with the Pennsylvania Human Relations Commission**

File a charge of discrimination with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the discriminatory act. You can file online at www.phrc.pa.gov or mail a complaint to: Pennsylvania Human Relations Commission, 301 Fifth Avenue, Pittsburgh, PA 15222. Include your name, contact information, employer's name and address, date(s) of discrimination, specific description of the discriminatory acts (mention "national origin" explicitly), the names of witnesses, and any documentation. You do not need an attorney to file. There is no filing fee. Filing with the PHRC automatically files a Title VII charge with the EEOC (dual filing). Keep your filing receipt and tracking number.

**Step 4: PHRC Investigation Process**

After filing, the PHRC will send a copy of your charge to the employer, who has 20 days to file a response. The PHRC will then conduct an investigation, which typically takes 30-90 days but can extend longer if the case is complex. During investigation, the PHRC may interview you, the employer, witnesses, and request documents from the employer. You may be asked to clarify details or provide additional evidence. The PHRC investigator will examine whether the employer's stated reason for the adverse action (if any) is a pretext for discrimination. The PHRC must issue a determination within 65 days if possible; if no agreement is reached, the PHRC issues either a "reasonable cause" finding (meaning discrimination likely occurred) or "no reasonable cause" finding. If reasonable cause is found, the PHRC attempts conciliation. If conciliation fails, the case proceeds to the Pennsylvania Human Relations Commission's Office of Hearings, which conducts a hearing similar to a trial.

**Step 5: When to Consult an Attorney**

Consult an attorney immediately if: (1) the employer retaliates after you file (demotion, discipline, or firing), (2) the PHRC issues a "no reasonable cause" finding and you believe the investigation was inadequate, (3) you are offered a settlement and want to understand your rights, or (4) the case proceeds to hearing before the Office of Hearings. An employment attorney experienced in discrimination law can evaluate whether the PHRC investigation was thorough, negotiate a stronger settlement, represent you at hearing, and file in federal court if necessary. Many employment attorneys work on contingency (no upfront fee; they take a percentage of recovery). Contact the Pennsylvania Bar Association for referrals to civil rights attorneys.