An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for definitions.
HB 439 amends the Pennsylvania Human Relations Act to expand the definition of “race” and “religious creed” so that they expressly include traits historically associated with those protected classes. For race, the bill specifies that the term includes hair texture and protective hairstyles, and it defines protective hairstyles to include locs, braids, twists, coils, Bantu knots, afros, and extensions. For religious creed, the bill similarly includes head coverings and hairstyles historically associated with religious beliefs.
The bill is designed to strengthen anti-discrimination protections in employment and related settings by making clear that employers may not treat these traits as outside the scope of existing civil rights protections. At the same time, it preserves an employer’s ability to enforce otherwise valid workplace health and safety rules, bona fide occupational qualifications, and neutral anti-hostile-work-environment policies, so long as those rules are nondiscriminatory, narrowly tailored, and applied equally.
HB 439 updates the Pennsylvania Human Relations Act’s definitions section, which can affect how discrimination complaints are evaluated by the Pennsylvania Human Relations Commission, courts, employers, and employment agencies. By expressly covering hair texture, protective hairstyles, head coverings, and related religious hairstyles, the bill broadens the statutory basis for claims involving race-based and religion-based grooming discrimination and clarifies that such traits are protected characteristics under state law. The act takes effect 60 days after enactment.
The bill appears to have broad bipartisan support, especially in the House, where final passage was overwhelmingly approved and earlier procedural votes were unanimous or near-unanimous. Senate committee and floor votes also show strong support, though with a small number of dissenting votes on final passage. Overall, the voting pattern suggests general agreement with the bill’s civil-rights purpose and limited controversy relative to its scope.
The main point of contention is the balance between anti-discrimination protections and employer discretion. Supporters are advancing the bill to prevent discrimination against people whose race-related or religion-related appearance includes natural hair, protective styles, or head coverings. The bill anticipates employer concerns by preserving exceptions for health and safety, bona fide occupational qualifications, and neutral workplace policies, but those exceptions require nondiscriminatory justification and equal application. Any opposition likely centers on whether the statutory expansion could complicate workplace dress and grooming standards or increase litigation, though the recorded votes indicate limited resistance.