Filing a Dual PHRC and EEOC Discrimination Charge in Pennsylvania: Timelines and Procedures

Understanding Dual Discrimination Charges in Pennsylvania

Dealing with workplace discrimination-such as being passed over for a promotion, suffering a hostile work environment, or facing unequal pay based on your race, gender, or religion-can make you feel powerless. It is important to note that this guide specifically addresses discrimination claims where you are still employed (meaning it does not involve wrongful termination or retaliatory firing). In Pennsylvania, you have two powerful administrative bodies that handle these claims: the state-level PHRC and the federal EEOC. Filing a dual charge is an essential first step before you can even think about suing your employer in court. If you try to skip this step, a judge will almost certainly dismiss your lawsuit.

The 180-Day State vs. 300-Day Federal Deadlines

Timing is the most critical element of any employment discrimination claim. If you miss the statutory deadlines, you may permanently lose your right to seek justice against your employer.

The 180-Day Rule for the PHRC

Under the Pennsylvania Human Relations Act (43 P.S. § 959(h)), you have exactly 180 days from the date the discriminatory act occurred (like the day you were officially denied a promotion) to file a formal complaint with the state. This strict deadline applies to all state-level claims. Missing it means you cannot pursue remedies under Pennsylvania law, which often offers favorable terms for victims.

The 300-Day Rule for the EEOC

Under federal law, such as Title VII of the Civil Rights Act (42 U.S.C. § 2000e-5(e)(1)), workers normally have 180 days to file. However, because Pennsylvania has a state agency (the PHRC) that enforces fair employment laws, the federal deadline is automatically extended to 300 days. While this gives you extra time federally, relying on the 300-day deadline means you will likely forfeit your state-level protections. It is always safest to file within the 180-day window.

The Work-Sharing Agreement in Pennsylvania

To prevent victims from having to file duplicate paperwork, the PHRC and the EEOC operate under a work-sharing agreement. This means that if you file a charge with the Equal Employment Opportunity Commission, Philadelphia or the Equal Employment Opportunity Commission, Pittsburgh, you can simply indicate that you want your claim cross-filed with the state. The same applies if you start at the Pennsylvania Human Relations Commission, Harrisburg. Case law, such as Woodson v. Scott Paper Co., 109 F.3d 913 (3d Cir. 1997), illustrates how strictly courts view the requirement to exhaust these administrative remedies before filing a civil lawsuit.

Step-by-Step Guide to Initiating a Claim in PA

Whether you work in Allentown, Lancaster, or Scranton, following the correct administrative procedure is crucial.

Step 1: Submit an Initial Inquiry

Start by submitting an online inquiry through the federal EEOC Public Portal or contacting the PHRC to schedule an intake interview. However, submitting an initial inquiry or waiting for an intake interview does not stop the clock or toll the statutory deadlines (180 days for the PHRC or 300 days for the EEOC). Under 43 P.S. § 959(a), 16 Pa. Code § 42.14, and the standard established in Federal Express Corp. v. Holowecki, 552 U.S. 389 (US Supreme Court 2008), your filing deadlines are only preserved once a formal, verified charge or qualifying complaint is officially filed.

Step 2: Complete the Intake Questionnaire

You will need to fill out a detailed questionnaire explaining the discrimination. For the PHRC, this is typically done using the Form Non-Numbered, Pennsylvania, Pennsylvania Human Relations Commission, Employment Intake Questionnaire. Be highly specific about dates, times, and witnesses to the hostile work environment or unfair treatment.

Step 3: Formalize the Charge of Discrimination

After reviewing your questionnaire, an investigator will draft a formal charge. If starting federally, you will sign Form EEOC-5, FED, Equal Employment Opportunity Commission, Charge of Discrimination. Make sure to check the box requesting that the charge be dual-filed with the state agency to protect all your legal rights.

Step 4: The Investigation and Mediation Phase

The agency will notify your employer and offer voluntary mediation, which involves a neutral third party trying to negotiate a settlement. If mediation fails or is rejected, the agency will launch a formal investigation, requesting documents and witness statements from your company.

Step 5: Receive a Right to Sue Letter

If the agency cannot definitively prove discrimination, or if they take longer than 1 year (for PHRC) or 180 days (for EEOC), you can request a Notice of Right to Sue. This letter formally concludes the administrative phase and allows you to file a lawsuit in state or federal court.

How Much Does it Cost?

Filing an administrative charge of discrimination with the PHRC or EEOC is completely free. There are no filing fees at the agency level. If you choose to hire an attorney or proceed to a civil lawsuit, costs may look like this:

Most employment lawyers you can find in our directory work on a contingency basis, meaning you pay no upfront legal fees and they only get paid if you win your case.

How Long Does the Process Take?

The administrative phase requires patience. After you file your initial inquiry, it can take 3 to 6 months just for an investigator to be assigned. If the case goes to mediation, it might resolve in 4 to 8 months. A full agency investigation can easily take 1 to 2 years to complete before a Right to Sue letter is issued and you can finally go to court.