Policies & Laws

Policies

Gender Transition Guidelines: provides guidance on processes to provide support in the workplace to employees undergoing transition.
HR Policy EEO-001 Pregnant Workers Fairness Act (PWFA) (Effective June 27, 2023)

Commonwealth Executive Orders

2016-04 Equal Employment Opportunity: establishes policy, procedures and responsibilities for the prohibition of discrimination and affirmation of equal employment opportunity.
2002-5 Disability-Related Policy: establishes policy for ensuring equal opportunity to persons with disabilities.
2021-4 Prohibition of Sexual Harassment in the Commonwealth: establishes policy, procedures and responsibilities for ensuring a workplace free from sexual harassment.

All commonwealth executive orders.

Commonwealth Management Directives

410.10 Guidelines for Investigating and Resolving Internal Discrimination Complaints: establishes policy, procedures and responsibilities for investigating and resolving internal complaints of alleged discrimination. Includes forms for lodging, withdrawing and/or appealing a discrimination complaint.
410.11 Commonwealth’s Equal Employment, Outreach and Employment Counseling Program: establishes policy, procedures and responsibilities for the implementation of equal employment, outreach and employment counseling programs.
205.25 Disability-Related Employment Policy: establishes policy, procedures and responsibilities for ensuring equal employment opportunities for qualified applicants and employees with disabilities in all aspects of employment.
205.26 The Americans with Disabilities Act of 1990, Title II, Subtitle A, Nondiscrimination in State and Local Government Services: establishes policy, procedures and responsibilities for implementing the provisions of Title II, Subtitle A of the Americans with Disabilities Act, which prohibits commonwealth agencies from discriminating against qualified individuals with disabilities on the basis of their disabilities in the provision of agency services, programs and activities.
505.30 Prohibition of Sexual Harassment in Commonwealth Work Settings: establishes policy, procedures and responsibilities for ensuring a workforce free of sexual harassment.
505.7 Personnel Rules, Chapter 3: affirms the commonwealth’s commitment to equal employment opportunity and summarizes the commonwealth’s equal employment opportunity policies.

All commonwealth management directives.

Laws

Commonwealth Law

Pennsylvania Human Relations Act: prohibits certain practices of discrimination in employment, education, public accommodations, housing and commercial properties because of race, color, religious creed, ancestry, age, sex, national origin, disability, use of guide or support animals (because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of guide or support animals) by employers, employment agencies, labor organizations and others. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of employment discrimination, or opposing a practice forbidden by the Act.

Federal Law

Civil Rights Act, Title VII: makes it illegal for employers of 15 or more persons to discriminate in employment situations based on race, color, religion, sex or national origin. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of employment discrimination, or opposing a practice forbidden by the Act.
Equal Pay Act: requires all employers subject to the Fair Labor Standards Act to provide equal pay for men and women in the same workplace who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of unequal pay or opposing a practice forbidden by the Act.
Age Discrimination in Employment Act: makes it illegal for employers of 20 or more persons from discriminating in employment situations against persons 40 years of age and older. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of age discrimination, or opposing a practice forbidden by the Act.
Americans with Disabilities Act, Title I: makes it illegal in the private sector and in state and local government to discriminate in employment situations against a qualified person with a disability. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of disability discrimination or opposing a practice forbidden by the Act. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability.
Rehabilitation Act of 1973: makes it illegal in federal government to discriminate in employment situations against a qualified person with a disability. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of disability discrimination, or opposing a practice forbidden by the Act. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability.
Executive Order 11246, as Amended: makes it illegal for government contractors and subcontractors to discriminate in employment situations against any employee or applicant for employment because of race, color, religion, sex or national origin. Also requires all federal government contractors to have written affirmative action plans.
Genetic Information Nondiscrimination Act: makes it illegal to discriminate in employment situations because of genetic information. Also makes it illegal to retaliate against a person for complaining, filing a charge, participating in an investigation of genetic information discrimination or opposing a practice forbidden by the Act.

Court Decisions

Federal Decisions

NLRB v. Weingarten, Inc. (1975): The U.S. Supreme Court ruled that an employee who is called to an interview that they reasonably believe may result in discipline is entitled to have a union representative present. This statutory right is commonly referred to as an employee’s “Weingarten Rights.”

Commonwealth Decisions

Pennsylvania Labor Relations Board – Conneaut School District (1979): The Weingarten decision does not automatically apply to public employees in Pennsylvania who are covered by either Act 195 or Act 111. The Pennsylvania Labor Relations board issued a decision in Conneaut School District that they: “will find a violation of Section 1201 (a)(1) of the Act if an employer conducts an investigatory interview of an employee without a union representative being present provided the employee has a reasonable belief that discipline may result from the interview.”