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Pennsylvania Consolidated Statutes

71 Pa. Cons. Stat. § 2704 (2026)

 Prohibition of discrimination.

✓ current as of May 2026
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§ 2704.  Prohibition of discrimination.

An officer or employee of the Commonwealth may not discriminate against an individual in recruitment, examination, appointment, training, promotion, retention or any other personnel action with respect to the classified service because of race, gender, religion, disability or political, partisan or labor union affiliation or other nonmerit factors.

 

Cross References.  Section 2704 is referred to in section 3003 of this title.

Notes of Decisions
Cited in 14 cases (13 in the last 5 years), 2019–2026 · leading case: DOC, SCI at Frackville v. R.E. Lynn (SCSC) (Pa. Commw. Ct. 2022).
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DOC, SCI at Frackville v. R.E. Lynn (SCSC) (Pa. Commw. Ct. 2022). · cites it 3× “On October 26, 2020, the Commission issued an adjudication sustaining Lynn’s appeal, holding that he presented evidence establishing discrimination in violation of Section 2704 of the statute known as the Civil Service Reform Act (CSR 4 Act),4 71 Pa.C.S. § 2704. R.R. at…”
Allegheny Cnty. Dept. of Health v. A.L. Wilkerson & SCSC, 329 A.3d 111 (Pa. Commw. Ct. 2024). · cites it 3× “Issues The Department raises two issues for our review: (1) whether the Commission erred in concluding Employee presented evidence establishing religious discrimination under Section 2704 of the Civil Service Reform Act2 (Act), 71 Pa.C.S. § 2704, and (2) whether the Commission…”
S.M. Donahue v. PA DHS & PA SCSC (Pa. Commw. Ct. 2025). · cites it 3× “10 71 Pa.C.S. § 2704. 8 instant case. Specifically, Section 4952(a)(1) through (4) of the Crimes Code does not apply because Mr.”
F.M. Burock v. Off. of the Budget (SCSC) (Pa. Commw. Ct. 2022). · cites it 2× “§§ 2101-3304 (Act), does not provide for a separate statutory claim of retaliation, independent of a discrimination claim under Section 2704, 71 Pa.C.S. § 2704. Rather, proving retaliation is one mode of establishing that an appointing authority engaged in discrimination by…”
L.G. Rosa v. Scsc (Pa. Commw. Ct. 2022). · cites it 2× ““The Commission may dismiss, sua sponte, an appeal for what is, in effect, a failure to state a cause of action for discrimination under [Section 2704 of Act 71, 71 Pa.C.S. § 2704].” Craig v. State Civ. Serv.”
E.A. Galli v. Luzerne-Wyoming Cnty. Mental Health & Developmental Servs. & A. Tomkoski (SCSC) (Pa. Commw. Ct. 2024). · cites it 2× “Galli argues Employer did not select her because of discrimination, as prohibited under Section 2704 of what is commonly known as the Civil Service Reform Act (Act), 71 Pa.C.S. § 2704. After careful review, we affirm.”
S. Donahue v. DHS (Pa. Commw. Ct. 2025). · cites it 2× “Donahue maintains that both of these actions fall under the prohibition against discrimination on non- merit grounds contained in Section 2704 of the CSRA, 71 Pa.C.S. § 2704. Section 2704 of the CSRA provides that “[a]n officer or employee of the Commonwealth may not…”
DHS v. C. Rodriguez (SCSC) (Pa. Commw. Ct. 2025). · cites it 2× “On appeal, DHS argues the Commission erred in concluding Respondent presented evidence establishing a prima facie case of discrimination based on her national origin under Section 2704 of the Civil Service Reform Act1 (Act), 71 Pa.C.S. § 2704. After careful review, we reverse…”
A.C. Mcknight v. Scsc (dhs) (Pa. Commw. Ct. 2019). “Although it does not alter our decision here, we note that the updated section, 71 Pa. C.S. § 2704, is substantially similar to the current version of Section 905.”
K. Schafer v. Dept. of L&I (SCSC) (Pa. Commw. Ct. 2023). “” 71 Pa.C.S. § 2704. 6 (b) The person appealing shall state clearly and concisely the: (1) Grounds of the interest of the person in the subject matter.”
A.M. Allen v. SCI at Somerset, DOC (SCSC) (Pa. Commw. Ct. 2023). “” See 71 Pa.C.S. § 2704. Traditional discrimination, as asserted in this instance, encompasses claims of discrimination based on various non-merit factors.”
J.L. Heintzelman v. DOC (SCSC) (Pa. Commw. Ct. 2025). “A person appealing discrimination under 71 Pa. C.S. §2704 (relating to prohibition of discrimination) shall appeal within 20 calendar days of the alleged discrimination.”
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