Nethken v. Commonwealth, Civil Service Commission

OPINION BY

Judge SIMPSON.

In this interlocutory appeal, we are asked if the Pennsylvania Civil Service Commission (Commission) is an employment agency within the meaning of the Pennsylvania Human Relations Act (PHRA)1 such that it could be liable for age discrimination. We affirm the Court of Common Pleas of Dauphin County’s (trial court) determination that the Commission is an employment agency and liable under PHRA.

This case began when Kim C. Nethken filed a charge of age discrimination against the Commission with the Pennsylvania Human Relations Commission (PHRC). After several years of…