PROTECTING VICTIMS OF RETALIATION

Philadelphia Code tit. 9, ch. 9-6500

in effect

Philadelphia Code § 9-6501 Definitions.

§ 9-6501. Definitions. (1) Adverse action. Any action that negatively affects a complainant’s compensation, terms, or conditions of current or future work, including termination, intimidation, harassment, discrimination, demotion, suspension, discipline, reduction in hours, change in work schedule or pay, change in responsibilities or in the terms or conditions of employment, refusal to hire, blacklisting, interference with current employment or employment prospects, contacting law enforcement or a government agency to file a report, including reporting suspected or actual immigration status. (2) Complainant. The worker, or individual or organization on behalf of a worker, who has filed a complaint for unlawful retaliation. (3) Deferred Action Program. Any program run by the U.S. Department of Homeland Security for immigrant workers who are eligible for deferred action, continued presence, or parole, based on abusive or exploitative labor practices. (4) Employer. Any individual, corporation, association, partnership, or business trust, or any group of persons, or a successor thereof that contracts with a worker to perform labor. An employer includes any “employer” as defined under Section 9-6601. (5) Enforcement Agency. The Office of Worker Protections, within the Department of Labor, or any other agency designated by the Mayor to enforce the Worker Protection Ordinances, as defined under Section 9-6601. (6) Family member. (a) A biological, adopted or foster child, stepchild or legal ward or a child to whom the employee stands in loco parentis; (b) A biological, foster, or adoptive parent, stepparent, or legal guardian of a worker or a worker’s spouse or a person who stood in loco parentis when the worker or the worker’s spouse was a minor child; (c) A person to whom the worker is legally married under the laws of Pennsylvania; (d) A grandparent or spouse of a grandparent; (e) A grandchild; (f) A biological, foster, or adopted sibling or spouse of a biological, foster or adopted sibling; (g) A Life Partner as defined in Section 9-1102 of this Code. (7) Determination or decision. A determination, order, or decision by the Enforcement Agency, Board of Labor Standards, or a court. (8) Immigrant worker. Any worker who is not a U.S. citizen. (9) Notice of Investigation. Oral or written notice from the Enforcement Agency informing the parties that the Enforcement Agency has received a complaint and opened an investigation into an alleged violation of this Chapter. (10) Parties. Both the complainant and the respondent. (11) Protected activity. Any act taken in good faith by a worker to assert rights protected under any “Worker Protection Ordinance”, as defined under Section 9-6601. Such acts include a worker, under these laws, seeking information about their rights; communicating with another person about their rights or an alleged violation; opposing or refusing to participate in any practice that violates any Worker Protection Ordinance; making an oral or written complaint to an employer or any person associated with the employer; filing a complaint with the Agency or a court of competent jurisdiction; or providing evidence or participating in a proceeding related to a formal or informal complaint. (12) Respondent. The person against whom the complaint for unlawful retaliation has been filed. (13) Unlawful Retaliation. An employer taking adverse action against a worker or their family members because the worker has engaged in protected activity or in order to dissuade, deter, or prevent a worker from engaging in protected activity. (14) Worker. Any person who has performed labor, including anyone who meets the definition of a “worker” under Section 9-6601.

Philadelphia Code § 9-6502 Protection Against Unlawful Retaliation.

§ 9-6502. Protection Against Unlawful Retaliation. No employer or any person associated with the employer shall engage in unlawful retaliation.

Philadelphia Code § 9-6503 Proving a Claim for Unlawful Retaliation.

§ 9-6503. Proving a Claim for Unlawful Retaliation. (1) Unlawful retaliation shall include adverse actions taken prior, during, or after the termination of the worker’s relationship with the employer. (2) A causal connection between the protected activity and the adverse action may be established by indirect or direct evidence. (3) Unlawful retaliation can exist when the protected activity is only one of several motivating factors, so long as the protected activity is a factor in the adverse action. (4) A rebuttable presumption of unlawful retaliation exists if an employer or any person associated with the employer has knowledge that a Worker has engaged in a protected activity and takes adverse action against a worker or their family member within ninety (90) days of the worker having engaged in a protected activity. The employer or any person associated with the employer may overcome the presumption with clear and convincing evidence that they would have taken the adverse action notwithstanding the protected activity, provided the employer or hiring entity documents in writing the incident relating to the alleged adverse action. In the case of seasonal work, the presumption also applies if the employer or hiring entity fails to rehire or enter into a new contract with a worker at the next opportunity for work in the same position.

Philadelphia Code § 9-6504 Enforcement and Penalties.

§ 9-6504. Enforcement and Penalties. (1) The Enforcement Agency is authorized to receive, investigate, and resolve complaints regarding violations of this Chapter in accordance with the procedures set forth under Chapter 9-6600. A complaint for unlawful retaliation may be concurrently filed with a complaint under any Worker Protection Ordinance, as defined under Section 9-6601. If a worker has first filed a complaint under these Chapters, a subsequent claim for retaliation will be associated with the initial complaint. (2) Any complaint alleging a violation of this Chapter must be filed with the Enforcement Agency within three (3) years of the date the complainant knew or should have known of the alleged violation, subject to the exceptions under subsection 9-6607(5). (3) The Enforcement Agency shall have the authority to create a fast-track process for investigating complaints of unlawful retaliation, including prioritizing those complaints that allege unlawful retaliation that is severe or repeated or that causes significant physical, emotional, or financial harm. (4) The Enforcement Agency is authorized to immediately notify the employer, or any person associated with the employer, to cease and desist from acts of unlawful retaliation. (5) The Enforcement Agency is authorized to administratively adjudicate potential violations of this Chapter and shall have the power to seek penalties and fines for any violation of this Chapter pursuant to subsection (5)(a), below, and to provide or obtain appropriate relief. Remedies may include reinstatement and full restitution to the worker for lost wages and benefits, compensation for physical or emotional harm, restoration of hours, or other equitable and injunctive relief, including ordering that the unlawful conduct cease and desist, and liquidated damages pursuant to subsection (5)(b), below. (a) If the Enforcement Agency determines that a violation under this Chapter has occurred, the Enforcement Agency may seek a civil monetary penalty of two thousand dollars ($2,000) for each violation, payable to the City. (b) If the Enforcement Agency determines that a violation under this Chapter has occurred, the complaining worker shall be entitled to liquidated damages in a separate amount equal to the other monetary damages determined to be owed to the worker by the Enforcement Agency, payable to the worker and awarded at the time a determination is issued by the Enforcement Agency. Liquidated damages under this subsection are intended to make the worker whole and to compensate the worker for collateral harms suffered because of the violation and for the worker’s time and effort enforcing the rights afforded to the worker under this Chapter. (6) The Enforcement Agency or the City Solicitor may elect to enforce violations of this Chapter by filing a judicial action in a court of competent jurisdiction. Upon finding a violation, the court may award appropriate relief and impose the penalties and liquidated damages set forth in subsection (5), above. (7) Private Right of Action. Any worker aggrieved by a violation of this Chapter or any entity a member of which is aggrieved by a violation of this Chapter may bring a civil action in a court of competent jurisdiction against a person violating this Chapter. The limitations period for a civil action brought pursuant to this Section shall be three (3) years from the date the complainant knew or should have known of the alleged violation, subject to the exceptions under subsection 9-6602(6) and subsection 9-6607(5). Nothing in this Chapter or its implementing regulations shall be construed to require a complaint to be filed with the Enforcement Agency before bringing an action in court. Before a civil action for damages under this Chapter may be initiated, the person violating this Chapter must be put on notice of the alleged violation and provided fifteen (15) days to remedy the harm. Such notice shall be provided in writing by a worker, their representative, or any entity a member of which is allegedly aggrieved by a violation of this Chapter. This 15-day waiting period provision shall not apply to claims involving willful misconduct or retaliation. Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, that is not duplicative of any relief provided to the person in any administrative proceedings or other judicial proceedings, including, without limitation, the penalties, damages, and remedies listed in subsection (5), above, and injunctive relief. The aggrieved person shall be entitled to an award of reasonable attorney’s fees and costs.

Philadelphia Code § 9-6505 Worker Justice Fund.

§ 9-6505. Worker Justice Fund. (1) The Enforcement Agency shall have the authority to create a worker justice fund that would support workers who have suffered economically, physically, or emotionally because of retaliation. The Enforcement Agency shall have the power to implement and operate this fund by determining eligibility, procedure, and payment processes for the fund. (2) It is the intent of Council that the Director of Finance direct that any penalties or fines collected pursuant to this Chapter be used to replenish the Worker Justice Fund.

Philadelphia Code § 9-6506 Severability.

§ 9-6506. Severability. If any provision of this Chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable.

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-307459Fetched: 10/27/2026