Pennsylvania National Origin Discrimination laws & HR compliance analysis

Pennsylvania National Origin Discrimination: What you need to know

The Pennsylvania Human Relations Act prohibits employment practices that discriminate against applicants, employees, and independent contractors on the basis of national origin (PA Stat. Tit. 43 Sec. 951 et seq.). The law applies to all public employers and private employers with four or more employees. Under the Act, it is unlawful for an employer to:
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• Refuse to hire or contract with, or to discharge an individual from employment, because of national origin.
• Discriminate against an individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment because of national origin.
• Elicit any information about, or make or keep a record of, the national origin of any applicant for employment.
• Use any form of application or application blank containing questions or entries concerning the national origin of any applicant for employment.
• Print or publish any notice or advertisement for employment indicating any preference, limitation, specification, or discrimination based upon national origin.
• Deny or limit employment through a quota system because of national origin.
• Discriminate in any manner against any individual because he or she has opposed any practice forbidden by the Act, or because he or she has made a charge, testified, or assisted, in any manner, in any investigation, proceeding, or hearing under the Act.
• Aid, incite, compel, or coerce any conduct made unlawful by the Act, or obstruct or prevent any person from complying with the provisions of the Act.
• Attempt, directly or indirectly, to commit any conduct declared unlawful by the Act.
Bona fide occupational qualifications (BFOQ) exception. It is permissible to hire an individual on the basis ...

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