Pennsylvania Religious Discrimination laws & HR compliance analysis

Pennsylvania Religious Discrimination: What you need to know

The Pennsylvania Human Relations Act prohibits employment practices that discriminate against an applicant, employee, or independent contractor on the basis of religious creed (PA Stat. Tit. 43 Sec. 951 et seq.). The Act 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 discharge an individual from employment because of religious creed, unless based on a bona fide occupational qualification (BFOQ).
• Discriminate against an individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment because of religious creed, unless based on a BFOQ.
• Elicit any information, or make or keep a record of the religious creed of any applicant for employment, or use any form of application or application blank containing questions or entries concerning the religious creed of any applicant for employment.
• Print or publish any notice or advertisement for employment indicating any preference, limitation, specification, or discrimination based on religious creed, unless based on a BFOQ.
• 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.
• Deny or limit employment through a quota system because of religious creed.
• Attempt to commit an unlawful discriminatory act; to aid, abet, compel, or coerce anyone to commit an unlawful discriminatory act; or to obstruct or prevent compliance with the Act or a commission order.
BFOQ exception. Differences in treatment are ...

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