New Lehigh County Anti-Discrimination Ordinance

On February 14, 2024, 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, require an employer to change its practices, order the employer to make restitution to the victim, and/or order the employer to pay a fine of no more than $500.00.

For questions regarding Lehigh County’s new anti-discrimination ordinance or any other labor and employment matter, please contact any of the attorneys at Hoffman & Hlavac. To stay updated on key labor and employment law developments that affect your workplace, be sure to subscribe to this blog and follow us on social media!