House advances Madden bill requiring employers to post discrimination policies

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Legislation requiring employers to have written policies and procedures for preventing harassment, discrimination and retaliation against employees has passed the state House of Representatives.

House Bill 2104 was authored by Rep. Maureen Madden, D-Monroe. The bill moves to the state Senate for consideration.

The Pennsylvania Human Relations Act protects residents from discrimination in the workplace, including harassment and retaliation, but according to the U.S. Equal Employment Opportunity Commission, the commonwealth had the fifth-highest rate of workplace discrimination in the country in 2022.

“This should be unacceptable to every business owner and employees should not have to tolerate such unwelcome circumstances in their workplace,” Madden said in a statement.

Madden added that the EEOC identified the following principles to be effective in preventing and addressing harassment – strong and comprehensive policies; trusted and accessible complaint procedures; and regular, interactive training tailored to the audience and the organization.

“By ensuring that policies are readily available for employees and supervisors to read, it is our hope that far fewer instances of discrimination and harassment will occur,” said Madden.

A complaint with the Pennsylvania Human Relations Commission can be filed by a person claiming a violation of their employer providing written policies and procedures. If the commission determines after investigation that an employer is in violation, the commission may seek compliance and issue a citation and fine of between $500 and $5,000.

House Bill 2104 would also create the Human Relations Training Fund to ensure financial penalties collected under the act are used by the Pennsylvania Human Relations Commission for training, education and outreach.

“This would help employers comply with the law and help employees understand their rights,” said Madden.