§ 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.
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