New protections from discrimination are set to become a reality in Pennsylvania. On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved a proposed regulation from the Pennsylvania Human Relations Commission (PHRC) amending the definitions of sex, religious creed, and race as used in the Pennsylvania Human Relations Act and the Pennsylvania Fair Educational Opportunities Act. 

The regulation provides a comprehensive definition pertaining to the protected class of sex, including pregnancy, childbirth, breastfeeding, sex assigned at birth, gender identity or expression, affectional or sexual orientation, and differences in sex development. This is notable, as Pennsylvania is one of 21 states that does not have a law specifically banning LGBTQ+ discrimination. 

The regulation also broadly defines race, including ancestry, national origin, ethnic characteristics, interracial marriage or association, traits historically associated with race, persons of Hispanic national origin or ancestry, and persons of any other national origin or ancestry as specified in a PHRC complaint. The inclusion of “traits historically associated with race” in the definition includes hairstyles and hair textures culturally associated with race.

Finally, the regulation defines religious creed to include all aspects of religious observance and practice, as well as belief. 

While there is a chance lawmakers could override the Commission, the regulation is anticipated to become effective sometime in 2023 at the end of the legislative review period and when it is published in the Pennsylvania Bulletin. 

Takeaways
The new regulations will apply to Pennsylvania employers with four or more employees, and as such, Pennsylvania businesses should work to update their handbooks in preparation for these changes.