Pennsylvania Employment Law Update – October 2018

Pennsylvania

PHRC Releases Guidance Extending PHRA Protections to LGBTQ Community

On August 2, 2018, the Pennsylvania Human Relations Commission (PHRC) released its Guidance on Discrimination on the Basis of Sex Under the Pennsylvania Human Relations Act (PHRA) clarifying, among other issues, that prohibitions contained in the PHRA and related case law against discrimination on the basis of sex prohibit discrimination on the basis of sex assigned at birth, sexual orientation, transgender identity, gender transition, gender identity, and gender expression.

The guidance also:

  • States that the PHRC will accept sex discrimination complaints based on the expanded definition of sex.
  • Reminds employers that if they believe the PHRA violates their free exercise of religion, then they may utilize their protections under the federal Religious Freedom Protection Act (RFPA) and details how to do so.

Read the guidance