Pennsylvania’s Laws Regarding Employment Discrimination Based on Disability

Pennsylvania has established comprehensive laws governing employment discrimination based on disability, designed to protect employees and job seekers from unjust treatment in the workplace. Understanding these laws is essential for both employers and employees to foster a fair working environment.

The primary law addressing disability discrimination in Pennsylvania is the Pennsylvania Human Relations Act (PHRA). Enacted in 1955, the PHRA prohibits discrimination in employment based on several factors, including physical or mental disabilities. This law applies to employers with four or more employees, covering a wide range of workplaces.

Under the PHRA, an individual is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities. This definition encompasses various conditions, including but not limited to, chronic illnesses, mobility impairments, and mental health disorders. Importantly, individuals are also protected from discrimination if they have a history of such disabilities or if they are perceived as having a disability.

Employers are legally required to provide reasonable accommodations to employees with disabilities, as long as such accommodations do not impose an undue hardship on the business. Reasonable accommodations may include modifications to the work environment, adjustments to work schedules, or the provision of assistive devices. Employers must engage in an interactive process with employees to determine effective accommodations that address their needs without compromising the operational integrity of the workplace.

In addition to the PHRA, the Americans with Disabilities Act (ADA) also plays a significant role in protecting individuals from employment discrimination. The ADA complements state law by applying to employers with 15 or more employees, expanding protections to a broader range of workplaces. With the ADA, employees have the right to file complaints to the Equal Employment Opportunity Commission (EEOC) if they believe they have faced discrimination based on their disability.

If an employee feels they have been subjected to disability discrimination, they can file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the EEOC. The complaint process typically involves an investigation to determine if there is reasonable cause to believe that discrimination occurred. If the investigation supports the claim, the PHRC or EEOC may take further action, such as mediation or filing a lawsuit on behalf of the employee.

It is also important for employers to have clear anti-discrimination policies and training programs in place to educate employees about their rights and responsibilities under the PHRA and the ADA. These proactive measures can help create a more inclusive workplace and decrease the potential for discrimination claims.

In summary, Pennsylvania's laws regarding employment discrimination based on disability provide essential protections for employees and job seekers. By understanding and adhering to the Pennsylvania Human Relations Act and the Americans with Disabilities Act, both employers and employees can contribute to a more equitable and inclusive work environment.