Pennsylvania Supreme Court Finds That There is No Right to a Jury Trial Under the Pennsylvania Human Relations Act

On December 21, 1999, the Pennsylvania Supreme Court held that a jury trial is not available under the Pennsylvania Human Relations Act (PHRA). The decision in Wertz v. Chapman Township ended speculation among lower courts and federal courts as to whether the Supreme Court would find that a plaintiff is entitled to a jury trial either under the PHRA or the Pennsylvania Constitution. The decision also raises the issue of whether a federal court, hearing both federal claims and claims brought under the PHRA, will allow a jury trial on the PHRA claims.

In a 6-1 decision, authored by Justice Cappy, the Pennsylvania Supreme Court found that the right to a jury trial does not exist either under the PHRA or under the Pennsylvania Constitution. Justice Castille, who dissented from the majority decision, vehemently disagreed with the majority’s conclusion, finding that the right to a jury trial for a PHRA claim exists both under the PHRA and under the Pennsylvania Constitution.

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