The following changes to employment laws in Pennsylvania take effect in January 2026.

EXPANDED PROTECTIONS FOR RACE AND RELIGION
As of January 4, 2026, the state’s Human Relations Act, which applies to employers with four or more employees, will have broader protections for race and religion.

Specifically, the definition of race will be expanded to include traits historically associated with race, including hair texture and protective hairstyles, such as locs, braids, twists, coils, Bantu knots, afros, and extensions. The definition of religious creed will be expanded to include head coverings and hairstyles historically associated with religious beliefs.

While the new definition of race calls out hairstyles and head coverings specifically, the change could result in wider applications, such as protections for dialect and styles of dress.

Employers should evaluate any policies that limit hairstyles and head coverings, including indirect restrictions like those that limit hair length. Narrow exceptions could exist for health and safety related reasons, but if you feel that you can’t resolve a conflict between protected hairstyles and safety, we recommend consulting an attorney.

Action Items

Update your Equal Employment Opportunity (EEO) policy to include these expanded definitions. If you use our Smart Employee Handbook, accept the update.
Review your dress code, grooming, or appearance policies to ensure they don’t prohibit protected hairstyles and head coverings.
Talk to managers and those involved in the hiring process about not making judgments about professionalism or cultural fit based on an applicant or employee’s hairstyle or head covering.
PITTSBURGH AMENDS PAID SICK LEAVE
Beginning January 1, 2026, employees in Pittsburgh will accrue one hour of paid sick leave for every 30 hours worked (previously 35). The yearly accrual caps have also increased as follows:

48 hours per calendar year for employers with 14 or fewer employees
72 hours per calendar year for employers with 15 or more employees
Employers that use the frontloading method must provide the required hours at the beginning of each calendar year.

Action Item
Update your paid sick leave policy. If you use our Smart Employee Handbook, accept the update if you haven’t already.

PHILADELPHIA AMENDS CRIMINAL HISTORY PROTECTIONS
Beginning January 6, 2026, Philadelphia’s ban the box ordinance, which limits how and when employers can consider criminal records, will have broader employer obligations and a few clarifications. The ordinance covers all employers that have employees in the city of Philadelphia. Highlights of the changes include:

Employers can’t consider misdemeanor conviction records that occurred four or more years ago, measured from the date of arrest or release from incarceration, whichever came later.
Employers can’t consider an applicant or employee’s “summary offense conviction record.” These are minor criminal charges such as disorderly conduct and public intoxication.
The lookback period for felony convictions remains the same (less than seven years) but is now measured from the latter of the date of arrest or release from incarceration.
Employers can’t consider expunged or sealed criminal records. If these appear on a driving record, which is a fairly common occurrence, the applicant or employee must be allowed to show proof of expungement or sealing.
Employers that give notice of their intent to conduct background checks need to let applicants and employees know that they’ll perform an individualized assessment before making decisions based on the results.
Employers can’t reject an applicant or employee unless a reasonable person would believe they pose a specific unacceptable risk to business operations or coworkers.
Notice and Pre-Adverse Action Process
Employers that intend to reject an applicant based on their criminal record information must now provide that applicant with a provisional written decision including their basis for the decisions and the specific convictions considered. (Previously, employers provided a written decision with their basis after rejecting the applicant.)

Additionally, employers have a new notice requirement for both applicants and employees. This notice needs to include a summary of rights, instructions on how to exercise those rights, and a statement that the employer will consider evidence of error or rehabilitation.

Employers can’t make a final determination until the applicant or employee has had 10 business days to provide evidence of inaccuracy or an explanation.

Templates Might Be Coming
The Philadelphia Commission on Human Relations (or another office designated by the mayor) has permission to create forms for employers—including a notice template, a summary of rights, and a statement concerning evidence of error or rehabilitation. However, just because they can doesn’t mean they will.

Action Item
Ensure your application forms and hiring practices are in line with the new requirements and that those involved in the hiring process are aware of the changes.