The Pennsylvania Human Relations Act (PHRA), found at 43 P.S. §951‑963, applies to public and private employers with four or more employees. Protected individuals include job applicants and employees with a “handicap or disability,” as broadly defined by the statute. A covered “handicap or disability” includes any physical or mental impairment that substantially limits one or more major life activities, as well as individuals who have a record of such an impairment or are regarded as having one. The PHRA mirrors the federal Americans with Disabilities Act (ADA) in many ways, but offers state-level protection.
Under the PHRA, employers must provide reasonable accommodations to qualified employees and applicants with disabilities, unless doing so would place an undue hardship on the operation of the business. Typical accommodations might include modifying work schedules, making facilities accessible, providing assistive technology, or modifying policies or examination formats. The law requires assessing what adjustments allow the person to perform the essential job functions, and implementing them unless they would pose significant difficulty or expense.
When an employee requests an accommodation—verbally or in writing—the employer must begin a timely, good-faith interactive process. This involves open communication between the employer and employee to identify and evaluate possible accommodations. Employers can ask for reasonable documentation verifying the disability if it is not obvious. There is no set response deadline in the PHRA; however, a prompt response is expected, and undue delay can be considered a failure to accommodate. All steps and communications should be documented throughout the process.
Employees or applicants who believe their rights have been violated can file a complaint with the Pennsylvania Human Relations Commission (PHRC), either online or by mail. The PHRC investigates claims and may seek mediation, settlements, or issue findings after a hearing. Remedies may include back pay, reinstatement, compensatory damages, and changes to employer policies. Willful violations can result in additional civil penalties or court actions.
Managing accommodation requests under Pennsylvania Human Relations Act (43 P.S. §951‑963) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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Proactive communication is key—train managers to recognize and respond to accommodation requests without delay. Maintain a clear, accessible process for submitting requests, and keep records of all interactions. Stay familiar with both federal and PHRA standards; differences may affect your policies. Avoid guessing what an employee needs; involve them in the conversation to identify effective solutions. Don't request unnecessary medical details and always keep health information confidential. Common pitfalls include responding too slowly, failing to document decisions, or denying accommodations without considering alternatives.
