New Anti-Discrimination Protections in Lehigh County: What Business Owners in PA Need to Know

Lehigh County recently enacted an ordinance that significantly expands anti-discrimination protections for employees. Business owners are wise to stay on top of the new requirements and should pay close attention to compliance concerns to prevent legal exposure for their organizations.

The Lehigh County Human Relations Commission

The ordinance establishes the new Lehigh County Human Relations Commission (LCHRC) as the party responsible for enforcing the provisions. The first slate of members is already confirmed, each with staggered terms expiring between July 2025 and July 2027. The LCHRC will hold meetings by Zoom at 6:00 p.m. on the second Tuesday of each month for the remainder of this calendar year, with the first taking place on September 10, 2024.

The LCHRC will be responsible for investigating discrimination complaints, conducting hearings, and issuing remedies for violations. Employees who believe they’ve suffered discrimination now have an additional avenue to pursue their claims, potentially alongside existing state and federal channels. The minutes from the September 10, 2024 meeting provide preliminary direction on how the LCHRC will investigate complaints under the new ordinance.

Expanded Anti-Discrimination Protections under the Ordinance

The new anti-discrimination ordinance provides a broader scope of protected characteristics compared to state and federal laws. In addition to prohibiting discrimination based on race, color, religion, national origin, age, disability, veteran status, and sex (including pregnancy), the Lehigh County ordinance extends protections to cover additional protected classes such as:

• Height
• Weight
• Source of Income
• Gender identity or expression

The ordinance further expands the definition of physical and mental impairment to include such diseases/conditions as Long COVID. Additionally, it includes ban-the-box provisions that prohibit employers from asking questions about criminal convictions on job applications or at initial interviews.

This broader range of protected characteristics and restrictions means that employers must be especially cautious to avoid discriminatory practices in various aspects of the employment relationship, including recruitment, hiring, promotions, compensation, and termination.

Potential Consequences of Non-Compliance

The Lehigh County ordinance outlines potential consequences for employers found to be in violation, including:

• Cease and desist orders
• Compensatory damages for emotional distress
• Punitive damages
• Attorney’s fees

It’s important to note that this is not an exhaustive list, and the specific remedies available may vary depending on the nature of the violation.

Moving Forward: Proactive Steps for Businesses

While the new ordinance presents potential challenges for businesses, it also presents an opportunity to foster a more inclusive and equitable workplace environment. Here are some proactive steps that businesses can take to ensure compliance:

• Review and update your company policies and procedures to ensure they align with the expanded protections under the Lehigh County ordinance.
• Provide anti-discrimination training to all employees, including supervisors and managers, to raise awareness of the new ordinance and its implications.
• Establish a clear and effective complaint process for employees to report any concerns of discrimination.
• Consult with legal counsel to ensure your organization is taking appropriate steps to comply with the new ordinance.

By taking these proactive steps, businesses in Lehigh County can navigate the new legal landscape and create a workplace that’s fair and welcoming to all employees.