New Local and State-Wide Laws in Pennsylvania Prohibit Discrimination Based on a Variety of Protected Categories

In the past month, Pennsylvania and its two largest cities, Philadelphia and Pittsburgh, enacted legislation that will affect employers across the Commonwealth. Pennsylvania adopted legislation to protect against discrimination based on a person’s hairstyle; Pittsburgh amended its anti-discrimination ordinance to expand the definition of “discrimination”; and Philadelphia passed an ordinance prohibiting discrimination on the basis of menstruation, perimenopause, and menopause.

Pennsylvania Enacts CROWN Act

On November 25, 2025, Governor Shapiro signed H.B. 439 – also known as the Creating a Respectful and Open World for Natural Hair Act (“CROWN Act”) – into law, codifying new definitions of “race” and “religion” under the Pennsylvania Human Relations Act (PHRA). 

Under the CROWN Act, the definition of the word “race” under the PHRA now includes traits historically associated with an individual’s race, including their hair texture and protective hairstyles, including but not limited to locs, braids, twists, coils, Bantu knots, afros and extensions. Additionally, the definition of “religious creed” now includes head coverings and hairstyles historically associated with religious beliefs.

The CROWN Act does not take effect until the end of January 2026, but largely codifies regulations that were enacted by the Pennsylvania Independent Regulatory Review Commission in 2022, although the regulations did not specifically define the word “religious creed” to include religious-based head coverings and hairstyles.

Employers may want to review their policies to ensure that they comply now that the CROWN Act is codified.

Pittsburgh Amends its Anti-Discrimination Ordinance 

On November 10, 2025, the Pittsburgh City Council approved an amendment to its anti-discrimination ordinance to prohibit discrimination on the basis of perceived protected characteristics and to prohibit disparate impact discrimination. The amendment was signed into law on November 12, 2025.

Pursuant to the amendment, the Pittsburgh Code now defines “discrimination” to mean any difference in treatment based on an actual or perceived protected class or protected activity, which includes any act that results in unequal treatment or segregation of an individual or group of individuals, or the use of facially neutral policies or practices that have an adverse or disparate impact on people of a protected class. The amendment defines “disparate impact” as demonstration that a facially neutral policy or practice of a covered entity, or a group of policies or practices of a covered entity, results in an adverse impact to any group protected by the provisions of the anti-discrimination ordinance. 

Employers may want to review their policies to ensure that they comply with this amendment.

Philadelphia Amends Fair Practices Ordinance to Prohibit Discrimination on the Basis of Menstruation, Perimenopause, and Menopause

On November 20, 2025, the Philadelphia City Council unanimously approved Bill No. 250849, amending Chapter 9-1100 of The Philadelphia Code, known as the “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” to explicitly prohibit discrimination against employees based on employees’ experiencing menopause, perimenopause, or menstruation. The amendment expands upon the ordinance’s current protections for reproductive health autonomy, pregnancy, childbirth, and related medical conditions. 

The legislation also requires employers to provide reasonable accommodations to employees for needs related to menstruation, perimenopause, or menopause, if the employee’s symptoms substantially interfere with the employee’s ability to perform one or more job functions. The employee must request an accommodation, and the accommodation must not cause an undue hardship to the employer. Potential accommodations for employers to consider include additional restroom breaks, assistance with manual labor-based tasks, adequate temperature control to address and alleviate hot flashes, and flexible or hybrid work schedules. Mayor Parker signed the legislation into law on December 3, 2025. The amendment to the ordinance becomes effective January 1, 2027. 

While this amendment comes after Rhode Island passed a similar law in June, Philadelphia is one of the first major U.S. cities to implement explicit protections for people experiencing menopause, perimenopause, or menstruation symptoms. Neither Pennsylvania nor federal law currently recognizes these conditions as protected classes. Councilmember Nina Ahmad (D-At-Large), who championed the Philadelphia legislation, cites the “hush-hush tones” that surround menopause and menstruation and expressed her hope that the passage of the ordinance will raise awareness about how the symptoms of menopause and menstruation can affect employees. 

Employers may want to consider using 2026 to prepare for compliance with the new law by reviewing and updating their existing policies, conducting training with supervisors and managers on how to handle accommodation requests, and working with both human resources and operations teams to anticipate potential requests for reasonable accommodations.