Lehigh County, Pennsylvania, has enacted the Human Relations Ordinance (the Ordinance), which adds nondiscrimination, and salary and criminal history protections. The Ordinance takes effect on June 1, 2024.
The details
The Ordinance:
- Covers individuals and organizations with one or more employees but does not include an individual employed by their parents, spouse or child.
- Does not:
Protected Characteristics and Employer Coverage
The Ordinance prohibits employers from discriminating against an employee on the basis of the following characteristics (actual or perceived):
- Race, color, ethnicity, national origin or ancestry
- Marital, familial, veteran, or citizenship status.
- Religion or creed
- Age (a person over the age of 35), height, weight, or genetic information;
- Sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender identity, gender expression, sexual orientation.
- Genetic information
- Domestic or sexual violence victim status
- Physical or mental disability, relationship or association with a disabled person, use of guide or support animals and/or mechanical aids
- Source of income (such as earned income, child support, alimony, insurance and pension proceeds, unemployment insurance, social security and all forms of public assistance)
- Earning a GED rather than a high school diploma.
The Ordinance also prohibits employers from denying employment because of an individual’s prior disability or Inquiring whether an individual has a disability (or inquiring as to the severity of such disability) prior to an offer of employment.
Note: An employer may inquire about the applicant’s ability to perform the essential functions of the position or positions sought.
See the Ordinance for further details on protected individuals.
Prohibited actions
Under the Ordinance, employers may not:
· Elicit information, make or keep a record of, or use an application containing questions or entries concerning an applicant’s protected class.
Note: An employer may collect demographic data after hiring, provided the employee volunteers the information, and their provision of information is not a condition of employment.
· Ask a job applicant about their:
o Salary history (Asking what their salary is (or was) in a current or previous role).
o Criminal history (Asking on an employment application whether the individual was convicted of a crime).
Note: Employers cannot require a job applicant to disclose prior criminal convictions before the initial interview is concluded or consider an applicant’s suitability for employment using irrelevant conviction records.
· Refuse to hire, employ or contract with, ban, terminate, or otherwise discriminate against individuals or independent contractors (on the basis of the individual’s protected class), with respect to their compensation, hiring, volunteering, tenure, terms, or conditions or privileges of employment or contract if the individual is the best able and most competent to perform the services required.
· Print or publish (or cause to be printed or published) a notice or advertisement relating to employment or membership, indicating any preference, limitation, specification or discrimination on the basis of protected class.
· Discriminate against an individual who has made a charge, testified, or assisted in a discrimination investigation, proceeding or hearing under the Ordinance or other nondiscrimination laws or regulations.
· Directly or indirectly, prohibit, coerce or prevent a person from complying with the provisions of the Ordinance.
See the Ordinance for further details on prohibited actions.
Next steps
- Review and update hiring policies and procedures.
- Train supervisors and human resources staff on the Ordinance by June 1, 2024.