Do I have to file with the PHRC before I can sue?
For PHRA claims, yes. Pennsylvania courts require you to use the PHRC process first (in Philadelphia, a filing with the Philadelphia Commission on Human Relations can also count). If you skip it or miss the 180-day deadline, you almost always lose the right to bring PHRA claims in court (only narrow exceptions, such as equitable tolling, can save a late complaint). That's called "exhausting administrative remedies." Federal claims have their own requirement: a timely EEOC charge.
Does filing with the PHRC also file with the EEOC?
For employment complaints that also involve federally protected rights, the PHRC files the complaint with the EEOC too, and only one agency investigates. Ask PHRC staff to confirm your complaint is dual-filed. If you file with the EEOC instead, ask in writing that your charge be dual-filed with the PHRC, and do it within 180 days — a federal appeals court has held that an EEOC filing protects PHRA claims only if it actually reaches the PHRC.
Can I go straight to court without waiting a year?
Not on PHRA claims. You can bring them in court only after the PHRC dismisses your complaint, or after one year passes without a conciliation agreement (the PHRC should notify you, but courts have allowed suit even if it doesn't). Federal claims can go to court sooner, once the EEOC issues a Notice of Right to Sue (you can usually request one 180 days after filing your charge). Your PHRA claims can often be added once the PHRC's year is up. A lawyer can help you sequence this.
Will a jury hear my case?
Not on PHRA claims in Pennsylvania state court. The Pennsylvania Supreme Court has held that the PHRA does not provide a jury trial; a judge decides. Federal discrimination claims seeking damages can be tried to a jury in federal court, which is one reason many employees bring PHRA claims together with federal claims there.
What can I recover under the PHRA?
A court can order the employer to stop the discrimination and can award reinstatement or hiring, back pay (going back no more than three years before your PHRC complaint was filed), and other legal or equitable relief. If you win, the court may also order the employer to pay your attorney's fees and costs (and a court can make an employee pay the employer's fees if the case was brought in bad faith). The Pennsylvania Supreme Court has held that punitive damages are not available under the PHRA. Federal law allows capped punitive damages against private employers, and Philadelphia's ordinance allows punitive damages in court.
I signed an arbitration agreement. Can I still file?
You can still file with the PHRC and the EEOC. But an arbitration agreement may require your lawsuit to go before an arbitrator instead of a court. For sexual harassment and sexual assault claims arising on or after March 3, 2022, federal law lets you choose to go to court even if you signed a pre-dispute arbitration agreement. Have a lawyer review any agreement you signed.
What if the PHRC dismisses my complaint?
The dismissal notice will explain your appeal rights. Read it carefully and write down its date — a request for a preliminary hearing to challenge the dismissal must be filed within 10 days of receiving the notice. Also, the PHRC's notice closing your complaint starts your 2-year deadline to sue under the PHRA in the Court of Common Pleas. Talk to a lawyer right away — don't let an appeal or reconsideration request run out your court deadline.
Will my employer find out I filed?
Yes. The PHRC serves your complaint on your employer, which must respond. Retaliating against you for filing, testifying, or helping in a PHRC case is itself illegal under the PHRA — and is a separate claim.