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Chester County, PA, Enacts Nondiscrimination Law

28 Nov

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Update Applicable to:Effective Date
All Employers in Chester County, Pennsylvania Who Have 4 or More EmployeesDecember 23, 2025


What happened?

On September 24, 2025, the Chester County Board of Commissioners passed Ordinance No. ORD-2025-03, establishing the Chester County Human Relations Commission (CCHRC) and enacting broad nondiscrimination protections across employment, housing, and public accommodations.


Overview:

Starting December 23, 2025, Chester County employers must comply with new local rules that prohibit discrimination based on expanded protected classes, restrict hiring practices, and establish a local enforcement body with authority to investigate and penalize violations.

Highlights for Employers

Employment Discrimination Protections (SECTION 301.1): Employers are prohibited from engaging in discriminatory practices, including:

  • Hiring & Employment Decisions
    • Refusing to hire, employ, or contract with individuals based on protected class status.
    • Discriminating in compensation, tenure, terms, conditions, or privileges of employment.
  • Recruitment & Applications
    • Employment agencies and labor organizations may not limit recruitment to avoid compliance.
    • Employers may not ask about protected class status or disabilities on applications.
    • Disability inquiries are only allowed post-offer and must relate to job function.
  • Disability Protections
    • No inquiries about criminal convictions or salary history on applications.
    • No denial of employment due to past, current, or perceived future disabilities.
  • Criminal History & Salary History
    • No inquiries about criminal convictions or salary history on applications.
    • Criminal history may only be discussed after an initial interview and if legally required.
    • Written notice is required if employment is denied due to criminal history.
  • Retaliation & Compliance
    • Retaliation against complainants or participants in investigations is prohibited.
    • Employers may not obstruct others from complying with the ordinance.
  • Advertising: Job postings must not express preferences or limitations based on protected class status.
  • Labor Organizations: Must provide equal membership rights and access to employment-related benefits.
  • Exemptions
    • Employers are not required to hire unqualified individuals.
    • Institutions serving persons with disabilities may prioritize disabled applicants.


Complaint Procedures (SECTION 701):

  • Filing Complaints
    • Employees may file complaints within 180 days of the alleged discriminatory act.
    • Complaints can be submitted online or in person.
  • Investigation & Hearings
    • The CCHRC investigates complaints, may issue subpoenas, and attempts conciliation.
    • If conciliation fails, a public hearing is held.
    • Employers may be required to testify and provide documentation.
  • Remedies: If discrimination is found, the Commission may issue:
    • Cease-and-desist orders
    • Restitution
    • Civil fines up to $500


Unlawful Retaliation (SECTION 801): Employers may not retaliate against employees for:

  • Filing a complaint
  • Participating in investigations or hearings
  • Exercising rights under the ordinance

Appeals and Remedies (SECTION 1001): Employers may appeal Commission decisions to the Chester County Court of Common Pleas.

  • The ordinance does not limit other legal remedies available to employees.


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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