Pennsylvania
How Civil Rights Act of 1991 applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Employment Law.
Pennsylvania law has incorporated the principles of the Civil Rights Act of 1991, especially regarding employment discrimination. The state emphasizes equitable remedies and extends protections against disparate impact discrimination.
In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) parallels the Civil Rights Act of 1991, prohibiting employment discrimination based on race, color, religion, sex, national origin, age, and disability, while allowing for compensatory and punitive damages in cases of willful discrimination.
Established that emotional distress damages are available under the PHRA, aligning with the remedies available under the Civil Rights Act of 1991.
Reinforced the requirement for employers to demonstrate that policies that may result in disparate impacts are job-related and necessary, similar to the federal standard.
Determined the applicability of the 1991 Act's compensatory damages provisions within the context of state actors.
Pennsylvania's approach aligns closely with the federal standards set by the Civil Rights Act of 1991, including provisions for compensatory and punitive damages. However, Pennsylvania's Human Relations Commission enforces state laws, which can provide faster resolution and broader remedial options for claimants.
The Pennsylvania bar exam may include questions surrounding the PHRA and its comparison to the Civil Rights Act of 1991, particularly in the context of employment discrimination law.