Commission adopts an expansive view of "sex."
The Pennsylvania Human Relations Commission has issued new Guidance stating that it will consider "sex" discrimination, prohibited under the Pennsylvania Human Relations Act, to encompass not only biological sex ("sex assigned at birth"), but also sexual orientation, gender identity, gender expression, gender transition, and transgender status.
The Commission says that it is following court decisions that have interpreted "sex" under Title VII and Fair Housing Act -- both federal laws -- to include LGBT status. I've written extensively about the leading Title VII decisions.
Pennsylvania has a Religious Freedom Protection Act, and employers in the state who believe that enforcement of the PHRA will substantially burden the free exercise of their religion can seek recourse under the RFPA.
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
