PHRA, PFEOA, and Regulations
- The Pennsylvania Human Relations Act (PHRA) covers discrimination in employment, housing, commercial property, education, and public accommodations. The PHRA has been amended many times since its adoption in 1955, originally as the Pennsylvania Fair Employment Practice Act. The PHRA:
- Created the PHRC in the Governor's Office.
- Defines the PHRC's functions, powers, and duties.
- Provides for procedure and enforcement.
- Provides for formulation of an educational program to prevent prejudice.
- Provides for judicial review and enforcement and imposing penalties.
- The Pennsylvania Fair Educational Opportunities Act (PFEOA) is specific to postsecondary education and secondary vocational and trade schools. The PFEOA:
- Provides for procedure and enforcement.
- Provides for judicial review.
- Provides for administration by the Pennsylvania Human Relations Commission in the Department of Labor and Industry.
New Regulations
In 2023, The PHRC released new regulations, more clearly explaining the definitions of 'sex,' 'religious creed,' and 'race.’
'Sex' includes:
- Pregnancy status
- Childbirth status
- Breastfeeding status
- Sex assigned at birth
- Gender identity or expression
- Affectional or sexual orientation
- Differences in sex development
Examples of sex based discrimination:
- Refusing to rent a property to someone because of their sexual orientation or gender identity.
- Firing a person because they are pregnant.
- Creating school policies that could provide different treatment for students based on their sex.
'Race' includes:
- Traits associated with race, including hair texture and protective hairstyles (it does not infringe on employers’ rights to implement workplace safety standards).
Examples of hair discrimination:
- Firing a person because of their hairstyle.
- Creating company policies requiring employees to alter their hair outside of safety codes.
- Creating school policies restricting how students can wear or treat their hair.
'Religious Creed' includes:
- All aspects of religious observance and practice, as well as belief.
Following the Independent Regulatory Review Commission's approval in 2022, the PHRC's final-form regulations were approved by the PA Office of Attorney General and published in the Pennsylvania Bulletin in June 2023.
PHRA & PFEOA Amendments
