Pennsylvania
Discussion
Chester County, PA: New Human Relations Ordinance
Effective December 23, 2025, Chester County, Pennsylvania Ordinance 2025-03 implemented anti-discrimination protections applicable to employers with four or more employees. The Ordinance prohibits discrimination against any employee or independent contractor based on any protected class, including limiting inquiries about protected characteristics in the application and employment contexts. “Protected class” refers to an individual’s “actual or perceived race, color, religion, national origin or citizenship status, ancestry, sex (including pregnancy, childbirth, and related medical conditions), gender identity, gender expression, sexual orientation, marital status, familial status, physical or mental disability, source of income, age, veteran status, use of guide or support animals and/or mechanical aids, or domestic or sexual violence victim status.”
The Ordinance also prohibits employers from asking on an employment application or until after an initial interview whether the applicant has ever been convicted of a crime, unless otherwise required by law. An employer may include in its job requirements that an applicant have a clean driving record or be able to pass a child abuse clearance check. Background screenings also may not take place until after an initial interview and must be narrowly tailored to the job sought and what is otherwise required by law. An employer also cannot ask a job applicant what their salary is or was from any current or previous employment. Finally, a Human Relations Commission was established to receive and investigate employment complaints. In light of this major legal overhaul in Chester County, employers should review and update their policies and procedures for compliance.
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