Using the regulatory process rather than legislation, Pennsylvania will substantially expand in 2023 protections against discrimination in employment, education, public accommodations and housing.

On December 8, 2022, the Independent Regulatory Review Commission approved regulations by a 3-2 vote that were originally submitted for review by the Pennsylvania Human Relations Commission (PHRC) in March 2022. The Pennsylvania Code will be amended to define protected classes under the Pennsylvania Human Relations Act and the Pennsylvania Fair Educational Opportunities Act. The regulations will become effective after a legislative review period and publication in the Pennsylvania Bulletin. In addition to landlords, realtors, property management companies, schools, colleges and universities, the newly expanded regulations apply to Pennsylvania employers with four or more employees.

The regulations define the terms “sex,” “race,” and “religious creed,” to specifically include anti-bias protections for the LGBTQ+ community and for people with traditionally Black hairstyles and textures.

The regulations provide a comprehensive definition pertaining to the protected class of “sex” to include pregnancy, childbirth, breastfeeding, sex assigned at birth (including but not limited to male, female or intersex), gender identity or expression, affectional or sexual orientation (including heterosexuality, homosexuality, bisexuality and asexuality) and differences in sex development.

Regarding race discrimination, the regulations broadly define a comprehensive definition for the term “race” to include ancestry, national origin, ethnic characteristics, interracial marriage or association, traits associated with race (including hair texture and hairstyles culturally associated with race, such as braids, locks and twists), persons of Hispanic national origin or ancestry, and persons of any other national origin or ancestry.

Regarding religious creed discrimination, the regulations provide a comprehensive definition for the term “religious creed” to include all aspects of religious observance and practice, as well as belief.

While the PHRC had taken the position that the statute already encompassed these protections, promulgating regulations gives this policy the force of law when the regulations take effect. The regulations will be codified as 16 Pa. Code Chapter 41.201-41.207.

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