Pennsylvania HR Commission to Expand Safeguards for Discrimination

The Pennsylvania Human Relations Fee is about to increase safeguards for discrimination. As my colleagues, Alexis M. Wheeler and Gretchen E. Moore touched on inside their Don’t Look the Other Way – Workplace Investigations Part 2 weblog put up, these safeguards will vastly increase the formal definition for the phrases “intercourse,” “race,” and “non secular creed.” So, you have to be asking, “What does this imply for my enterprise?” For starters, does your organization’s coverage adjust to these new laws?

On December 8, 2022, the Unbiased Regulatory Assessment Fee (IRCC) accepted regulations initially submitted for evaluate by the Pennsylvania Human Relations Fee (PHRC). The brand new laws will apply to Pennsylvania employers with 4 or extra workers and add a subchapter below 16 Pa. Code, Chapter 41, Subchapter D, § 41.201—41.20. As such, employers have to be conscious of the next phrases below these new laws.

Underneath the brand new laws, the time period intercourse contains being pregnant, childbirth and associated medical circumstances; breastfeeding; intercourse assigned at beginning; gender identification or gender expression; affectional or sexual orientation, together with heterosexuality, homosexuality, bisexuality, and asexuality; and “variations of intercourse growth, variations of intercourse traits, or different intersex traits.” You will need to acknowledge that this definition contains being perceived, presumed, or recognized by others as having such an affectional or sexual orientation. Underneath the laws, race contains ancestry, nationwide origin or ethnic traits; interracial marriage or affiliation; Hispanic nationwide origin or ancestry; “traits traditionally related to race, together with, however not restricted to: (i) Hair texture; (ii) Protecting hairstyles, akin to braids, locks, and twists”. Lastly, regarding non secular creed discrimination, the laws present a complete definition for the time period “non secular creed” to incorporate all facets of spiritual observance and follow, in addition to perception.

Notably, the laws are usually not but ultimate. The brand new laws will change into efficient inside 60 days of publication within the Pennsylvania Bulletin. As such, the Employment Group of Strassburger McKenna Gutnick & Gefsky is actively monitoring this ongoing matter. Nevertheless, employers must be conscious that each one complaints filed with the Pennsylvania Human Relations Fee are investigated in line with the above talked about guidelines. In different phrases, the rule change codifies the best way that the PHRC has been addressing these points.