LGBTQ+ employees in Pennsylvania are protected from workplace discrimination by federal, state, and local laws that promote fairness and inclusion. It’s important for both employees and employers to understand these rights.
Federal protections for LGBTQ+ employees
Under federal law, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against employees based on sex. In the 2020 Bostock v. Clayton County decision, the U.S. Supreme Court ruled this law also applies to sexual orientation and gender identity. LGBTQ+ workers are protected from unfair treatment in hiring, promotions, and firing.
The Equal Employment Opportunity Commission (EEOC) enforces these protections, allowing workers to file complaints. Federal laws like the Americans with Disabilities Act (ADA) may also apply to workers with HIV.
State-level protections for LGBTQ+ employees in Pennsylvania
In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) protects LGBTQ+ employees. The PHRA bans discrimination in employment, housing, and public spaces based on sexual orientation and gender identity. Employers in Pennsylvania cannot treat employees unfairly because of who they are. The PHRA applies to most employers with at least four workers, as well as state government workers.
Employers must make sure their workplace policies comply with both state and federal laws.
Local protections for LGBTQ+ employees
Some Pennsylvania cities, like Philadelphia and Pittsburgh, have local laws offering even more protection. These cities have anti-discrimination laws that go beyond state protections, offering extra safeguards against unfair treatment at work.
Employers in these cities must ensure their policies follow both state and local laws.
Protections in the workplace
Employers can help create an inclusive workplace by taking action beyond just following the law. They can provide gender-neutral restrooms, offer non-discriminatory health benefits, and provide LGBTQ+ sensitivity training. These actions help LGBTQ+ employees feel welcomed and supported.
Employees also have the right to report any discrimination without fear of retaliation. Employers should have clear procedures to handle complaints and act quickly to resolve issues.
LGBTQ+ employees in Pennsylvania are protected by both state and federal laws, and employers must comply with these laws to ensure a safe and inclusive workplace.
