A newly enacted ordinance in Lehigh County has introduced a unique dynamic for both employers and employees.
Previously, issues related to employment discrimination would typically be addressed through the Equal Employment Opportunity Commission (at the federal level) or the Pennsylvania Human Relations Commission (at the state level). Pursuant to this new ordinance, however, individuals working in Lehigh County (or who have applied for jobs in Lehigh County) now have the option of filing employment discrimination claims through the Lehigh County Human Relations Commission.
This new option is particularly noteworthy because the Lehigh County ordinance has established new protected classes not recognized elsewhere. For instance, employees can now file discrimination claims based on factors such as height and weight, the protected age classification has been expanded to include individuals who are at least 35 years old, and an individual’s “perceived” race, national origin, age and other factors are now given legal protection. This expansion presents a novel challenge for Lehigh County employers, as there are no precedents, guidelines or protocols established regarding the boundaries of such claims, burdens of proof, or procedural steps.
Navigating these new developments requires expert insight. George Hlavac of Hoffman & Hlavac, a trusted authority on workplace matters in the Lehigh Valley, offers valuable guidance on this issue. His recent blog post provides clarity on the intricacies of the new ordinance and how it may impact employers and employees alike. With his permission we are reprinting the blog post below.
“On Feb. 14, 2023, the Lehigh County Board of Commissioners adopted a broad-sweeping bill that creates a countywide anti-discrimination ordinance as well as the Lehigh County Human Relations Commission to enforce the ordinance. Lehigh County employers should be put on notice as this ordinance creates new protected employee classifications that are more expansive than state and federal law. These new classifications expose employers to new and untested employment discrimination claims from the interview process to termination. This ordinance also includes a retaliation provision which prohibits employers from taking adverse employment actions against employees who claim that their employer has violated the ordinance, even if the employee’s claim is meritless.
“Specifically, the ordinance prohibits discrimination based on ‘actual or perceived race, ethnicity, color, religion, creed, national origin or citizenship status, ancestry, sex (including pregnancy, childbirth, and related medical conditions), gender identity, gender expression, sexual orientation, genetic information, marital status, familial status, GED rather than a high school diploma, physical or mental disability, relationship, or association with a disabled person, source of income, age (35 years of age and older), height, weight, veteran status, use of guide or support animals and/or mechanical aids, or domestic or sexual violence victim status.’
“After a complaint is filed under the new ordinance, allegations will be investigated by the newly created Lehigh County Human Relations Commission which will be composed of a group of unelected volunteers. The terms of the Commission members will be staggered, and the members will be appointed by the County Executive and confirmed by the Lehigh County Board of Commissioners. If the Commission deems that an employer has engaged in discriminatory practices, it may award any remedies available under the Pennsylvania Human Relations Act, including: back pay, front pay, compensatory damages, and attorney’s fees; requiring an employer to change its practices or policies; and/or ordering the employer to pay a fine of no more than $500.00.”
