Expand AllClick here for a more accessible versionAccording to the Pennsylvania Human Relations Act (PHRA), accessible means being in compliance with the standards set forth in the following:
- The Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.)
- The Americans with Disabilities Act of 1990 (Public Law 101-336, 42 U.S.C. § 12101 et seq.)
- The act of September 1, 1965 (P.L. 459, No. 235), entitled, as amended, "An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement."
According to the Pennsylvania Human Relations Act (PHRA), age includes the following:
- Any person 40 years of age or older
- Any other person so protected by further amendment to the Federal Age Discrimination in Employment Act
According to the U.S. Department of Justice Civil Rights Division, the Americans with Disabilities Act (ADA), signed into law in 1990, is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life to:
- Enjoy employment opportunities
- Purchase goods and services
- Participate in state and local government programs and services.
Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin – and Section 504 of the Rehabilitation Act of 1973 -- the ADA is an "equal opportunity" law for people with disabilities.
To be protected by the ADA, one must have a disability, which is defined by the ADA as:
- A physical or mental impairment that substantially limits one or more major life activities
- A person who has a history or record of such an impairment
- A person who is perceived by others as having such an impairment.
The ADA does not specifically name all of the impairments that are covered.
The Pennsylvania Human Relations Act (PHRA) defines accessible as "in compliance with the applicable standards set forth in the Americans with Disabilities Act of 1990."
Learn more about the ADA.
According to the Pennsylvania Human Relations Act (PHRA), commercial profit means any form of compensation in money, or which can be measured in terms of money.
According to the Pennsylvania Human Relations Act (PHRA), commercial property includes the following:
- Any building, structure, or facility, or portion thereof, which is used, occupied, or is intended, arranged, or designed to be used or occupied for the purpose of operating a business, an office, a manufactory, or any public accommodation
- Any vacant land offered for sale, lease, or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern, or public accommodation.
According to the Pennsylvania Human Relations Act (PHRA), the commission refers to the Pennsylvania Human Relations Commission (PHRC).
According to the Pennsylvania Human Relations Act (PHRA), a designated agent of the complainant means an individual who is a paralegal under the supervision of a practicing attorney.
According to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Education Opportunities Act (PFEOA), discriminate includes segregate.
Dual filing a complaint can occur when a complaint alleges a violation of state and federal laws. For example:
- The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws prohibiting discrimination in employment. If a complaint is filed with the PHRC alleging a violation of EEOC laws, the PHRC may also file the complaint with EEOC. The EEOC may also "dual file" such a complaint with the PHRC.
- Only one agency investigates the case.
- The PHRC holds cases being investigated by the EEOC open until EEOC closes them.
- The EEOC decides whether to close or open the case for further investigation.
- This process preserves the complainant's rights under state and federal law.
- The U.S. Department of Education Office for Civil Rights (OCR) serves student populations facing discrimination and institutions promoting systemic solutions to civil rights problems.
- The PHRC and the OCR do not have a formal arrangement to "dual file" cases but may refer cases to one another or work cooperatively to resolve issues at Pennsylvania educational institutions.
According to the Pennsylvania Fair Education Opportunities Act (PFEOA), an educational institution includes any institution of post-secondary grade and any secretarial, business, vocational, or trade school of secondary or post-secondary grade, which is subject to the visitation, examination, or inspection of, or is, or may be licensed by the Department of Education, including any post-secondary school, college, or university incorporated or chartered under any general law or special act of the General Assembly, except any religious or denominational educational institution as defined in this act.
According to the Pennsylvania Human Relations Act (PHRA), an employee does not include the following:
- Any individual employed in agriculture or in the domestic service of any person
- Any individuals who, as a part of their employment, reside in the personal residence of the employer
- Any individual employed by said individual's parents, spouse, or child
According to the Pennsylvania Human Relations Act (PHRA), an employer includes the following:
- The Commonwealth or any political subdivision or board, department, commission, or school district thereof and any person employing four or more persons within the Commonwealth
An employer does not include the following:
- Religious, fraternal, charitable, or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations.
With respect to discriminatory practices based on race, color, age, sex, national origin, or non-job-related handicap or disability, an employer includes the following:
- Religious, fraternal, charitable, and sectarian corporations and associations employing four or more persons within the Commonwealth.
According to the Pennsylvania Human Relations Act (PHRA), an employment agency includes any person regularly undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer, or place employees.
According to the U.S. Department of Housing and Urban Development, the Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.
The Fair Housing Act prohibits discrimination in housing because of:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status
- Disability
The Pennsylvania Human Relations Act (PHRA) defines accessible "in compliance with the Fair Housing Act." If a complaint alleging violation of the Fair Housing Act is filed with the PHRC, a complaint will also be filed with HUD.
Learn more about the Fair Housing Act.
According to the Pennsylvania Human Relations Act (PHRA), familial status means one or more individuals who have not attained the age of 18 years being domiciled with the following:
- A parent or other person having legal custody of such individual or individuals
- The designee of such parent or other person having such custody, with the written permission of such parent or other person.
- The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
According to the U.S. Department of Labor Wage and Hour Division, The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- The birth of a child and to care for the newborn child within one year of birth
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
- The care of the employee's spouse, child, or parent who has a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of his or her job
- Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty"
- Twenty-six workweeks of leave during a single 12-month period to:
- Care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave)
Pennsylvania's labor laws are enforced primarily by the Pennsylvania Department of Labor & Industry (DLI).
Learn more about the FMLA.
According to the Pennsylvania Human Relations Act (PHRA), a handicap or disability includes the following:
- A physical or mental impairment that substantially limits one or more of such person's major life activities
- A record of having such an impairment
- Being regarded as having such an impairment, but such term does not include current, illegal use of, or addiction to a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802).
In Pennsylvania, a hate crime is defined as a criminal act motivated by ill will or hatred toward a victim's race, color, religion, or national origin.
- Hate crimes are termed "ethnic intimidation" in Pennsylvania, and the offense is set forth in the crimes code, Title 18, Section 2710.
- When certain criminal offenses are committed with the motive of hate, the crime of ethnic intimidation can also be charged.
- Generally, the types of offenses to which ethnic intimidation can be added are called "underlying offenses." Underlying offenses involve danger or harm to you and/or your property.
- The Pennsylvania State Police and local police departments charge and investigate criminal offenses that involve ethnic intimidation.
A possible hate crime can include, but is not limited to, the following examples:
- Harassment (in person or electronically)
- Physical assault
- Destruction of property
- Criminal trespass
- Arson or firebombing
- Terroristic threats
According to the Centers for Disease Control and Prevention (CDC), the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge. The U.S. Department of Health & Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule.
According to the Pennsylvania Human Relations Act (PHRA), housing accommodations include the following:
- Any building, structure, mobile home site, or facility, or portion thereof, which is used or occupied or is intended, arranged or designed to be used or occupied as the home residence or sleeping place of one or more individuals, groups or families whether or not living independently of each other
- Any vacant land offered for sale, lease, or held for the purpose of constructing or locating thereon any such building, structure, mobile home site, or facility.
Housing accommodations do not include any personal residence offered for rent by the owner or lessee thereof or by his or her broker, salesperson, agent, or employer.
According to the Pennsylvania Human Relations Act (PHRA), housing for older persons includes housing that is the following:
- Provided under any Federal or State program that the Pennsylvania Human Relations Commission determines is specifically designed and operated to assist elderly persons as defined in the Federal or State program
- Intended for and solely occupied by persons 62 years of age or older
- Intended and operated for occupancy by at least one person 55 years of age or older per unit
According to the Pennsylvania Human Relations
Act (PHRA), an independent contractor includes any person who is subject to the
provisions governing any of the professions and occupations regulated by State
licensing laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act (Public
Law 90-284, 42 U.S.C. § 3601 et seq.).
According to the Pennsylvania Human Relations Act (PHRA), a labor organization is any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
According to the Pennsylvania Human Relations Act (PHRA), a legislative body includes the body or board authorized by law to enact ordinances or adopt resolutions for the political subdivision.
According to the Pennsylvania Human Relations Act (PHRA), a local commission includes a Human Relations Commission created by the legislative body of a political subdivision.
The PHRC offers mediation services as a voluntary option to quickly resolve employment and public accommodation disputes. Mediation services:
- Provide a way to avoid lengthy investigation hearings and/or court.
- Offer an informal process in which a trained, neutral mediator helps people explore and resolve their differences together
- Strive to produce a settlement agreement that is acceptable to both parties
Learn more about mediation services.
According to the Pennsylvania Human Relations Act (PHRA), a non-job-related handicap or disability includes any handicap or disability that does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in, or has been engaged in. Un-insurability or increased cost of insurance under a group or employee insurance plan does not render a handicap or disability job-related.
According to the Pennsylvania Human Relations Act (PHRA), a permanent hearing examiner means a full-time employee who is an attorney.
According to the Pennsylvania Human Relations Act (PHRA), a person includes the following:
- One or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees in bankruptcy, or receivers.
- Any owner, lessor, assignor, builder, manager, broker, salesman, agent, employer, independent contractor, lending institution, and the Commonwealth of Pennsylvania, and all political subdivisions, authorities, boards, and commissions thereof
According to the Pennsylvania Human Relations Act (PHRA), a personal residence includes a building or structure containing living quarters occupied or intended to be occupied by no more than two individuals, two groups, or two families living independently of each other and used by the owner or lessee thereof as a bona fide residence for himself and any members of his family forming his household.
According to the Pennsylvania Human Relations Act (PHRA), a political subdivision includes any county, city, borough, incorporated town, or township of the Commonwealth.
According to the Pennsylvania Human Relations Act (PHRA), a public accommodation includes any accommodation, resort, or amusement that is open to, accepts, or solicits the patronage of the general public.
According to the Pennsylvania Human Relations Act (PHRA), a real estate-related transaction includes the following:
- The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or commercial property.
- The purchasing, constructing, improving, repairing, or maintaining a housing accommodation or commercial property.
- The selling, brokering, or appraising of real property.
According to the Pennsylvania Fair Education Opportunities Act (PFEOA), a religious or denominational educational institution includes an educational institution that is operated, supervised, controlled, or sustained primarily by a religious or denominational organization, or is one which is stated by the parent church body to be and is, in fact, officially related to that church by being represented on the board of the institution, and by providing substantial financial assistance and which has certified, in writing, to the Commission that it is a religious or denominational educational institution.
According to the Pennsylvania Fair Education Opportunities Act (PFEOA), a student is a person seeking admission to, or in attendance at, a school or educational institution.