PA Human Rights Commission to treat LGBT bias as "sex" discrimination

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.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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