Pennsylvania Affirmative Action laws & HR compliance analysis

Pennsylvania Affirmative Action: What you need to know

Affirmative action laws require the employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels comparable to their numbers in the geographic area. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements.
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There are no affirmative action requirements for private employers in Pennsylvania. The Pennsylvania Human Relations Act makes it unlawful for any employer to discriminate against an applicant, employee, or independent contractor on the basis of race, color, familial status, religious creed, ancestry, age, sex, national origin, or non-job-related handicap or disability or the use of a guide or support animal because of the blindness, deafness, or physical handicap of any individual or independent contractor (PA Stat. Tit. 43 Sec. 951et seq.). The Act covers employers with four or more employees.
Under the state Apprenticeship and Training Act, programs registered with the state's Apprenticeship and Training Council are required to have a written affirmative action plan (AAP) for apprentices (PA Admin. Code Tit. 34 Sec. 81.21).
State contractors are required to include a nondiscrimination clause in their contracts but are not required to have an AAP. If a contractor is notified of noncompliance by the Contract Compliance Advisory Board, and given a hearing, the contractor may be required to have an affirmative action program (PA Admin. Code Tit. 16 ...

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