Wednesday, January 11, 2023

Pennsylvania regs expand antidiscrimination law definition of "sex"

Last time, I wrote about the new regs regarding race discrimination under the Pennsylvania Human Relations Act (PHRA) (and the housing and public accommodations provisions). Guess what? The new regs also address "sex."

You can read the full regs here. Under the new regulations, the term "sex" now includes:

  • Pregnancy, including "the use of assisted reproductive technology; the state of being in gestation; childbirth; breastfeeding; the postpartum period after childbirth; and medical conditions related to pregnancy";
  • Sex assigned at birth;
  • Gender Identity or expression;
  • "Affectional or sexual orientation," defined as "male, female, or nonbinarv heterosexuality, homosexuality, bisexuality, or asexuality by inclination, practice. identity, or expression, having a history thereof, or being perceived, presumed, or identified by others as having such an orientation"; and
  • "Differences of sex development, variations of sex characteristics, or other intersex characteristics."

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