A00067
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
439
Session of
2025
INTRODUCED BY MAYES, McCLINTON, SMITH-WADE-EL, D. MILLER,
MADDEN, VENKAT, GUZMAN, HILL-EVANS, MARKOSEK, KENYATTA,
McNEILL, POWELL, SCHLOSSBERG, RABB, KAZEEM, WAXMAN, BRENNAN,
HADDOCK, PIELLI, STEELE, KHAN, BERNSTINE, HANBIDGE, GIRAL,
SANCHEZ, BOYD, HOHENSTEIN, BENHAM, CURRY, OTTEN, ABNEY,
CEPHAS, N. NELSON, CARROLL, BELLMON, SAMUELSON, T. DAVIS,
D. WILLIAMS, MALAGARI, PARKER, BRIGGS, A. BROWN, BURGOS,
SCOTT, CEPEDA-FREYTIZ, KRAJEWSKI, SHUSTERMAN, CERRATO,
BOROWSKI, FIEDLER, McANDREW, PROBST, DAVIDSON, GUENST,
SALISBURY, FLEMING, DALEY, WEBSTER, RIVERA, KOSIEROWSKI,
GREEN, O'MARA AND MADSEN, JANUARY 30, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 5, 2025
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended by adding clauses to read:
Section 4. Definitions.--As used in this act unless a
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different meaning clearly appears from the context:
* * *
(bb) (1) The term "race" includes traits historically
associated with the individual's race, including hair texture
and protective hairstyles. Nothing in this clause shall be
construed to prohibit an employer from adopting and enforcing an
otherwise valid workplace health and safety rule or policy or
other rule or policy justified as a bona fide occupational
qualification, provided the employer demonstrates all of the
following, if the rule or policy impacts traits historically
associated with the individual's race:
(i) Without the adoption of the rule or policy the health or
safety of an employe or other materially connected person may be
impaired.
(ii) The rule or policy is adopted for nondiscriminatory
reasons.
(iii) The rule or policy is specifically tailored to the
applicable position and activity.
(iv) The rule or policy is applied equally to individuals
whose positions fall under the applicable position and activity.
(2) Nothing in this clause shall be construed to prohibit an
employer from adopting and enforcing an otherwise valid
workplace policy to prevent a hostile work environment, provided
the policy is adopted for nondiscriminatory reasons and is
applied equally.
(cc) The term "protective hairstyle" includes, but is not
limited to, such hairstyles as locs, braids, twists, coils,
Bantu knots, afros and extensions.
(DD) (1) THE TERM "RELIGIOUS CREED" INCLUDES , BUT IS NOT
LIMITED TO, HEAD COVERINGS AND HAIRSTYLES HISTORICALLY
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ASSOCIATED WITH RELIGIOUS CREEDS. NOTHING IN THIS CLAUSE SHALL
BE CONSTRUED TO PROHIBIT AN EMPLOYER FROM ADOPTING AND ENFORCING
AN OTHERWISE VALID WORKPLACE HEALTH AND SAFETY RULE OR POLICY OR
OTHER RULE OR POLICY JUSTIFIED AS A BONA FIDE OCCUPATIONAL
QUALIFICATION, PROVIDED THE EMPLOYER DEMONSTRATES ALL OF THE
FOLLOWING, IF THE RULE OR POLICY IMPACTS HEAD COVERINGS AND
HAIRSTYLES HISTORICALLY ASSOCIATED WITH THE INDIVIDUAL'S
RELIGIOUS CREED:
(I) WITHOUT THE ADOPTION OF THE RULE OR POLICY THE HEALTH OR
SAFETY OF AN EMPLOYE OR OTHER MATERIALLY CONNECTED PERSON MAY BE
IMPAIRED.
(II) THE RULE OR POLICY IS ADOPTED FOR NONDISCRIMINATORY
REASONS.
(III) THE RULE OR POLICY IS SPECIFICALLY TAILORED TO THE
APPLICABLE POSITION AND ACTIVITY.
(IV) THE RULE OR POLICY IS APPLIED EQUALLY TO INDIVIDUALS
WHOSE POSITIONS FALL UNDER THE APPLICABLE POSITION AND ACTIVITY.
(2) NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO PROHIBIT AN
EMPLOYER FROM ADOPTING AND ENFORCING AN OTHERWISE VALID
WORKPLACE POLICY TO PREVENT A HOSTILE WORK ENVIRONMENT, PROVIDED
THE POLICY IS ADOPTED FOR NONDISCRIMINATORY REASONS AND IS
APPLIED EQUALLY.
Section 2. This act shall take effect in 60 days.
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