Policy and Law
The Pennsylvania Human Relations Commission (PHRC) enforces state laws that prohibit discrimination. These state laws include:
Emotional Distress Damages Guidance Public Comment
The Pennsylvania Human Relations Commission has put forth guidance on emotional distress damages for housing and commercial property discrimination cases.
Discrimination exists in all Pennsylvania communities and therefore the PA Human Relations Commission recognizes that this guidance has widespread impact. We strive to solicit feedback from both landlords and renters and from all corners of the Commonwealth.
Access to housing should come without artificial impediments and unwarranted bias based on race, religion, national origin, sex, disability, or family status. When individuals are denied housing due to discrimination, the impacts can be far reaching and long-term.
In issuing this guidance, the Commission reiterates its longstanding position that this guidance is not intended to impose hard and fast rules that must be absolutely applied without regard to the specific facts involved. Nothing in this guidance shall affect statutory or other regulatory requirements.
The purpose of this guidance is to provide clarity to all Pennsylvanians regarding how the PA Human Relations Commission will evaluate damages resulting from discrimination in housing and/or commercial property for humiliation and embarrassment pursuant to 43 P.S. § 959(f)(1). Additionally, this guidance clarifies the Commission's assessment of civil penalties pursuant to 43 P.S. § 959(f)(2).
How to Provide Comments
Public comments will be accepted via survey from May 6 through 31, 2024.
Before submitting your comments, please access the guidance here. and read it in full.
Access the survey here to provide your comments.
New Regulations
The Pennsylvania Human Relations Commission (PHRC) is pleased to announce new regulations, more clearly explaining the definitions of 'sex,' 'religious creed,' and 'race,' are now effective in the Commonwealth of Pennsylvania.
According to the new regulations the protected classes,
- 'Sex' includes:
- pregnancy status
- childbirth status
- breastfeeding status
- sex assigned at birth
- gender identity or expression
- affectional or sexual orientation
- differences in sex development.
- 'Race' includes:
- traits associated with race, including hair texture and protective hairstyles.
- 'Religious Creed' includes:
- all aspects of religious observance and practice, as well as belief.
Following the Independent Regulatory Review Commission's approval in 2022, the PHRC's final-form regulations were approved by the PA Office of Attorney General and published in the Pennsylvania Bulletin in June 2023.
The PHRC enforces state laws that prohibit discrimination. These state laws include the Pennsylvania Human Relations Act (PHRA), which covers discrimination in employment, housing, commercial property, education, and public accommodations; and the Pennsylvania Fair Education Opportunities Act, which is specific to postsecondary education and secondary vocational and trade schools. Under the PHRA, Pennsylvania law prohibits discrimination based on race, color, age (40 and over), sex, ancestry, national origin, religion, familial status (only in housing), disability, use, handling, or training of service/guide animals for a disability, and retaliation.
Resources
The following resources detail anti-discrimination laws, regulations, policies, procedures, and case histories:
Additional Law-related Resources