The Details
Pennsylvania has enacted legislation (House Bill 439), which amends the Pennsylvania Human Relations Act (PHRA) to expand the definition of race to include traits historically associated with race, including hair texture, protective hairstyles, and head coverings and hairstyles historically associated with religious creed.
Background
In 2023, the Pennsylvania Independent Regulatory Review Commission passed regulations to the Pennsylvania Human Relations Act (PHRA), which provided new definitions of race, sex and religious creed, and helped to protect against hairstyle discrimination.
House Bill 439
On Jan. 24, 2026, the following PHRA terms and definitions will be amended to expressly protect against hairstyle discrimination:
- Race will include traits historically associated with the individual's race, including hair texture and protective hairstyles;
- Protective hairstyle will include, but not be limited to, hairstyles such as locs, braids, twists, coils, Bantu knots, afros and extensions; and
- Religious creeds will include head coverings and hairstyles historically associated with religious creeds.
Exceptions
A Pennsylvania employer may adopt and enforce a valid workplace health and safety rule or policy (or other rule or policy justified as a bona fide occupational requirement) impacting traits historically associated with the individual's race or head coverings or hairstyles historically associated with the individual's religious creed, when the rule or policy:
- Is adopted for nondiscriminatory reasons;
- Is specifically tailored to the applicable position and activity;
- Is applied equally to individuals whose positions fall under the applicable position and activity; and
- Will help prevent the impairment of an employee or other substantially connected individual's health or safety.
A Pennsylvania employer may also adopt and enforce a valid workplace policy to prevent a hostile work environment if the policy is adopted for nondiscriminatory reasons and is applied equally.
Next Steps
Pennsylvania employers should review dress codes, appearance policies, and training to avoid restrictions on hairstyles historically associated with race by Jan. 24, 2026.