Pennsylvania Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Pennsylvania and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

In Pennsylvania, the Fair Chance Hiring Policy limits when an employer in the public sector may inquire about an applicant’s criminal history. They may not ask about criminal backgrounds on job applications or during the initial interviews. A background check may be run after a conditional job offer has been made.

Does Pennsylvania Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are laws in place in Pennsylvania that differ from federal standards.

Do Pennsylvania Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Equal Pay Law (EPL) in Pennsylvania is similar to the EPA in that it restricts employers from paying employees of one sex less than employees of the other. However, it is more expansive and covers all employers in the state.

Do Pennsylvania Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Pennsylvania Human Relations Act (PHRA) offers protection against age-based discrimination for those ages 40 and over. It extends to employers with 4+ employees, while the federal law includes employers with 20+ employees.

Do Pennsylvania Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The PHRA also includes protections for individuals with disabilities. Employers with 4+ employees cannot discriminate against people with disabilities when making hiring decisions. It also prohibits discrimination based on the training, handling, or use of a guide or support animal for a disability.

Do Pennsylvania Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Under the PHRA, eligible employers (4+ employees) may not use genetic information to discriminate against an applicant for a job. This information includes the results of genetic testing (the individual’s and any family members), as well as any details about conditions, disorders, and diseases.

Do Pennsylvania Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. The PHRA includes more protected characteristics, such as age, familial status, and ancestry. It also applies to employers with 4+ employees.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Pennsylvania?

Yes. The cities of Philadelphia and Pittsburgh have ban-the-box laws in effect that are more stringent than the statewide law. Philadelphia’s law applies to all employers with at least one employee, and protections were expanded to include independent contractors and gig workers in 2021. Pittsburgh’s law restricts employers with 4+ employees from including questions about criminal history on job applications.

A ban-the-box ordinance is also in effect in Lehigh County. This law restricts employers from asking about criminal history or requiring an applicant to disclose such information before an initial interview. Conviction records unrelated to employment eligibility also may not be considered when making hiring decisions.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.