January 30 Tip of the Week

“Protected Classes”

Human resources professionals have a difficult job; they must stay current on the everchanging labor and employment laws.  This is not an easy task, as there are several sources of these laws, including the federal government, federal agencies, state governments, state agencies, and various local governments.  One area where the prolific nature of employment laws is obvious is the minimum wage.  All employers know the importance of keeping abreast of the changing minimum wage laws in each state and, in many instances, each metropolitan or other local area.  Minimum wages are required to be posted in the workplace and employers are reminded through a variety of sources regarding these changes. 

Another changing area of employment law that is not so obvious but has equally significant ramifications is the definition of a protected class.  Protected class is a term that is associated with the laws regarding employment discrimination and members of protected classes are required to be given equal employment opportunities regardless of certain characteristics or identifying factors that are protected under the law.  Title VII of the Civil Rights Act of 1964 was the first employment discrimination law and it prohibited employers from discriminating against employees and applicants for employment on the basis of race, religion, national origin, color, and sex.  Over the years, protected classes have been expanded both on a federal and state level to include other types of discrimination, including age, gender identity, veteran status, marital status, and status as a domestic violence victim.  These expansions have been both specific, by adding new categories to existing state and federal laws, and implied by reading each category in a broader fashion. 

A recent example of such a change can be found in Pennsylvania.  The Pennsylvania Human Relations Commission proposed regulations in April 2022 that further expand and explain the definitions of protected classes under the state and federal anti-discrimination laws.  For example, the regulations note that discrimination on the basis of sex includes: pregnancy, childbirth, breastfeeding, sex assigned at birth, gender identity or expression, affectional or sexual orientation, and differences in sex development.  The regulations also expand the definition of race to include ancestry, national origin, ethnic characteristics, interracial marriage or association, traits historically associated with race, persons of Hispanic national origin or ancestry, and persons of any other national origin or ancestry.  The new regulations also explain that discrimination on the basis of religious creed includes all aspects of religious observance and practice, as well as belief.  In providing these expanded definitions of protected classes, the regulations refer to various state and federal laws, as well as court decisions that have interpreted these laws more expansively.  The Commission uses these references to support its assertion that the new regulations do not constitute a change in the law; rather they are a clarification of the law designed to provide individuals with a fuller understanding of their protections under the anti-discrimination statutes. 

Although these changes are specific to Pennsylvania, they are not exclusive to that state.  The regulations rely on interpretations of existing employment discrimination laws in federal and state courts and demonstrate how the definitions of protected classes have expanded in other states and on the federal level.  These new regulations are important because it reminds employers that laws change and develop over time and, as a result, policies and procedures need to be reviewed and updated on a regular basis.  Labor and employment laws change and evolve in the same way that society changes.  These expanded definitions of protected classes are consistent with the increased focus on diversity, equity, and inclusion in the workplace and are a good reminder for employers to review their workplace trainings and other employment practices to ensure that they are effective in creating and maintaining a safe and respectful workplace for all. At myHRcounsel, we can assist you with the review of your practices and procedures and ensure that your policies are legally compliant.  Whether it is the development of a comprehensive employee handbook or legal guidance in dealing with specific employment issues, myHRcounsel is ready to assist.