On March 23, 2022, the Pennsylvania Human Relations Commission (PHRC) proposed new regulations to expand the definition of certain protected classes. The amendments will create new Pennsylvania Code Sections at 16 Pa. Code §§ 41.201–41.207, and would expand the terms “sex,” “religious creed” and “race” for purposes of the Pennsylvania Humans Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA). The regulations were approved on Dec. 8, 2022. The regulations are not yet in effect, but will become effective 60 days after publication in the Pennsylvania Bulletin.   

The PHRA prohibits discrimination in employment because of race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability. See 43 Pa. Stat. § 955(a). The regulations relating to the PHRA previously provided definitions only for the terms “pregnancy” and “disability due to pregnancy or childbirth.” See 16 Pa. Code 41.101. The definition of the other protected classes was left to the PHRC’s guidance and cases interpreting the statute.  

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