Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.204 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Affectional or sexual orientation
-Male,
						female or nonbinary heterosexuality, homosexuality, bisexuality or asexuality
						by inclination, practice, identity or expression, having a history thereof, or
						being perceived, presumed or identified by others as having such an
						orientation.
Asexuality
-The lack of sexual attraction
						to others, or low or absent interest in or desire for sexual or romantic
						activity.
Bisexuality
-Affectional, emotional, or
						physical attraction or behavior which is directed towards persons of either
						gender.
Complainant
-A person, including the PHRC
						or the Attorney General, who files a complaint with the PHRC under the PHRA or
						the PFEOA.
Complaint
-A complaint filed with the
						PHRC under the PHRA or the PFEOA.
Core identity
-Attributes that make a
						person unique as an individual such as fundamental beliefs and values, personal
						characteristics, and physical or mental attributes.
Ethnic characteristics
-Physical
						characteristics such as skin and hair color, body size and facial features
						typical of persons of a particular cultural or social background; linguistic
						characteristics such as language or dialect; behavioral or cultural
						characteristics such as religion or customs; and environmental characteristics
						such as living in the same area or region.
Gender identity
or
expression
-Having or being perceived as having a
						gender-related identity, appearance, expression or behavior, which may or may
						not be stereotypically associated with the person's sex assigned at birth.
						Gender identity or expression may be demonstrated by consistent and uniform
						assertion of the gender identity or any other evidence that the gender identity
						is part of a person's core identity.
Heterosexuality
-Affectional, emotional,
						or physical attraction or behavior which is primarily directed towards persons
						of the other gender.
Homosexuality
-Affectional, emotional, or
						physical attraction or behavior which is primarily directed towards persons of
						the same gender.
Intersex
-Describes a person born with
						sex characteristics that are not typical for male or female bodies. Sex
						characteristics are physical features relating to sex, including chromosomes,
						genitals, hormones and other reproductive anatomy.
PFEOA
-The Pennsylvania Fair Educational
						Opportunities Act (24 P.S. §§
												5001-5010).
PHRA
-The Pennsylvania Human Relations
						Act (43 P.S. §§
												951-963).
PHRC
-The Pennsylvania Human Relations
						Commission.
Person
-As defined in section 4(a) of the
						PHRA (43 P.S. §
												954(a)).
Pregnancy
-Includes all of the
						following:
(1) The use of assisted
					 reproductive technology.
(2) The
					 state of being in gestation.
(3)
					 Childbirth.
(4)
					 Breastfeeding.
(5) The postpartum
					 period after childbirth.
(6)
					 Medical conditions related to pregnancy.
Religious beliefs
-Include the
						following:
(1) Moral or ethical
					 beliefs as to what is right and wrong which are sincerely held with the
					 strength of traditional religious views.
(2) The beliefs a complainant professes
					 without regard to whether a religious group espouses these beliefs.
Respondent
-The person against whom a
						complaint was filed with the PHRC under the PHRA or the PFEOA.
Sex assigned at birth
-The assignment and
						classification of individuals at birth, including but not limited to male,
						female or intersex.
Traits associated with race
-Include, but
						are not limited to, hair texture and protective hairstyles, such as braids,
						locks and twists.