Subchapter D. PROTECTED CLASSES
Sec.
41.201. Purpose.
41.202. Construction.
41.203. Enforcement.
41.204. Definitions.
41.205. Religious creed discrimination.
41.206. Sex discrimination.
41.207. Race discrimination.
Authority The provisions of this Subchapter D added under sections 7(d) and 9(g) of the Pennsylvania Human Relations Act (43 P.S. § § 957(d) and 959(g)) and under sections 6(6) and 7 of the Pennsylvania Fair Educational Opportunities Act (24 P.S. § § 5006(6) and 5007), unless otherwise noted.
Source The provisions of this Subchapter D added June 16, 2023, effective 60 days after publication, 53 Pa.B. 3188, unless otherwise noted.
§ 41.201. Purpose.
This subchapter ensures that all unlawful discriminatory practices proscribed by the PHRA and all unfair educational practices proscribed by the PFEOA are interpreted and applied consistently. This subpart also ensures that all complaints filed with the PHRC are investigated consistent with the rules outlined in this subchapter.
§ 41.202. Construction.
This subchapter shall be construed liberally for the accomplishment of the purposes of the PHRA and the PFEOA.
§ 41.203. Enforcement.
This subchapter shall be subject to and enforced in accordance with the PHRA, the PFEOA, Chapter 42 (relating to Special Rules of Administrative Practice and Procedure) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 41.204. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Affectional or sexual orientation—Male, female or nonbinary heterosexuality, homosexuality, bisexuality or asexuality by inclination, practice, identity or expression, having a history thereof, or being perceived, presumed or identified by others as having such an orientation.
Asexuality—The lack of sexual attraction to others, or low or absent interest in or desire for sexual or romantic activity.
Bisexuality—Affectional, emotional, or physical attraction or behavior which is directed towards persons of either gender.
Complainant—A person, including the PHRC or the Attorney General, who files a complaint with the PHRC under the PHRA or the PFEOA.
Complaint—A complaint filed with the PHRC under the PHRA or the PFEOA.
Core identity—Attributes that make a person unique as an individual such as fundamental beliefs and values, personal characteristics, and physical or mental attributes.
Ethnic characteristics—Physical characteristics such as skin and hair color, body size and facial features typical of persons of a particular cultural or social background; linguistic characteristics such as language or dialect; behavioral or cultural characteristics such as religion or customs; and environmental characteristics such as living in the same area or region.
Gender identity or expression—Having or being perceived as having a gender-related identity, appearance, expression or behavior, which may or may not be stereotypically associated with the person’s sex assigned at birth. Gender identity or expression may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is part of a person’s core identity.
Heterosexuality—Affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the other gender.
Homosexuality—Affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the same gender.
Intersex—Describes a person born with sex characteristics that are not typical for male or female bodies. Sex characteristics are physical features relating to sex, including chromosomes, genitals, hormones and other reproductive anatomy.
PFEOA—The Pennsylvania Fair Educational Opportunities Act (24 P.S. § § 5001—5010).
PHRA—The Pennsylvania Human Relations Act (43 P.S. § § 951—963).
PHRC—The Pennsylvania Human Relations Commission.
Person—As defined in section 4(a) of the PHRA (43 P.S. § 954(a)).
Pregnancy—Includes all of the following:(1) The use of assisted reproductive technology.
(2) The state of being in gestation.
(3) Childbirth.
(4) Breastfeeding.
(5) The postpartum period after childbirth.
(6) Medical conditions related to pregnancy.
Religious beliefs—Include the following:(1) Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.
(2) The beliefs a complainant professes without regard to whether a religious group espouses these beliefs.
Respondent—The person against whom a complaint was filed with the PHRC under the PHRA or the PFEOA.
Sex assigned at birth—The assignment and classification of individuals at birth, including but not limited to male, female or intersex.
Traits associated with race—Include, but are not limited to, hair texture and protective hairstyles, such as braids, locks and twists.§ 41.205. Religious creed discrimination.
(a) The term ‘‘religious creed’’ as used in the PHRA and the PFEOA includes all aspects of religious observance, practice or belief.
(b) The term ‘‘religious creed’’ as used in the PHRA and the PFEOA includes the failure to provide a reasonable accommodation for a religious observance or practice.
(c) An employer, housing provider, public accommodation or person covered under the PHRA and the PFEOA may assert an undue hardship defense to the request for a reasonable accommodation.
§ 41.206. Sex discrimination.
The term ‘‘sex’’ as used in the PHRA and the PFEOA includes all of the following:
(1) Pregnancy.
(2) Sex assigned at birth.
(3) Gender, including a person’s gender identity or gender expression.
(4) Affectional or sexual orientation, including heterosexuality, homosexuality, bisexuality and asexuality.
(5) Differences of sex development, variations of sex characteristics or other intersex characteristics.
§ 41.207. Race discrimination.
The term ‘‘race’’ as used in the PHRA and the PFEOA includes all of the following:
(1) Ancestry, national origin or ethnic characteristics.
(2) Interracial marriage or association.
(3) Traits associated with race.
(4) Hispanic ancestry, national origin or ethnic characteristics, including, but not limited to, persons of Mexican, Puerto Rican, Central or South American or other Spanish origin or culture.
(5) Persons of any other national origin or ancestry as specified by a complainant in a complaint.
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