On December 8, 2022, the Pennsylvania Independent Regulatory Review Board approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Education Added a sub-chapter that provides a new definition of religious beliefs. Code, Chapter 41, Subchapter D, § 41.201 – 41.20. Of particular importance, the revised rule expands the definition of race to include race-related hairstyles and the definition of gender to include sexual orientation. Sexual orientation is a protected category previously not covered by explicit provisions of Pennsylvania law.
Under the new regulations, the term sex, “when used in connection with unlawful discriminatory practices prohibited by PHRA” includes pregnancy, childbirth and related medical conditions. breastfeeding; gender assigned at birth; gender identity or expression; affection or sexual orientation, including heterosexuality, homosexuality, bisexuality, and asexuality; and “differences in sexual development, variations in sex characteristics, or other intergender characteristics.”
the term Race including ancestry, national origin, or ethnic characteristics; interracial marriage or association; Hispanic nationality or ancestry; characteristics historically associated with race, including but not limited to: (i) hair texture; (ii) protective hairstyles such as braids, locks, and twists.” and other nationalities or ancestry “specified by the complainant in the complaint.”
religious beliefs It includes all aspects of religious observance and practice, not just faith.
The new rules will become effective within 60 days of their publication in the Pennsylvania Bulletin.
Employers in Pennsylvania should consider reviewing their discrimination and harassment policies and training programs in light of these expanded definitions that the revised rule insists.[] All complaints submitted to the Pennsylvania Human Relations Commission shall be investigated in accordance with the rules outlined herein. “
