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HB 2103

An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for the title of the act, for findings and declaration of policy, for right to freedom from discrimination in employment, housing and public accommodation, for definitions, for unlawful discriminatory practices and for prohibition of certain real estate practices; providing for protection of religious exercise; and further providing for powers and duties of the commission and for construction and exclusiveness of remedy.

2025-2026 Regular Session Introduced by Johanny Cepeda-Freytiz and 14 co-sponsors

HB 2103 preserves broad anti-discrimination protections in PA Human Relations Act but adds a religious-principles carve-out allowing certain religiously affiliated organizations to

Referred to State Government
0
WeVote Research Nonpartisan
Bill Summary · HB 2103

Summary of Pennsylvania House Bill HB 2103 (2025-2026)

Basic information

  • Bill: HB 2103
  • Session: 2025-2026
  • Jurisdiction: Pennsylvania
  • Title (as introduced): An Act amending the Pennsylvania Human Relations Act to address the title of the act, findings and policy, employment/housing/public accommodations discrimination, definitions, unlawful discriminatory practices, and related remedies; including protection of religious exercise; and defining powers and duties of the Pennsylvania Human Relations Commission; with construction and exclusiveness of remedy.
  • Introduced: December 16, 2025
  • Principal sponsor: Representative Waxman (co-sponsors listed)
  • Committee: Housing and Community Development
  • Effective date: 60 days after enactment

1) Main purpose and intent

HB 2103 proposes amendments to the Pennsylvania Human Relations Act (PHRA) to clarify and potentially broaden protections related to discrimination in employment, housing, and public accommodations, while explicitly protecting certain religious exercise and organizational preferences under specified conditions. The bill emphasizes:
- Maintaining the PHRA’s framework for prohibiting unlawful discriminatory practices.
- Providing a specific carve-out to accommodate religious, denominational, charitable, educational, and certain private/fraternal organizations in areas where they exercise religious principles or organizational aims.
- Clarifying the construction and exclusivity of remedies under the act.

2) Key provisions and changes

A. Unlawful discriminatory practices (Section 5(h)(10))

  • The bill reproduces and clarifies a clause that allows certain organizations to give preference or select individuals in line with their religious principles or aims, without violating the PHRA, under specific conditions.
  • Protected entities include:
    • Religious or denominational institutions or organizations
    • Charitable or educational organizations operated or controlled by a religious organization or connected to one
    • Bona fide private or fraternal organizations
  • Conditions and scope:
    • The preference or selection must be in furtherance of religious principles or the aims/purposes for which the organization exists.
    • The carve-out does not apply to organizations that restrict membership on the basis of race, color, national origin, or ancestry for the purpose or effect of denying equal access to housing, employment, or public accommodations.
    • The carve-out explicitly mentions that it does not apply to rental rooms in a landlord-occupied rooming house with a common entrance, nor to discrimination based on sex in specific housing scenarios (e.g., single-sex dormitories or shared personal residences with common living areas).

B. Scope of protections

  • The bill maintains broad protections against unlawful discrimination in employment, housing, and public accommodations but introduces or codifies a religious exercise exception for certain organizations.
  • It clarifies the boundaries of permissible preferences by religiously affiliated or related organizations to promote religious principles or the organization’s aims.

C. Other structural elements

  • The title, findings, and policy declarations are targeted to align with these protections.
  • The act continues to regulate the powers and duties of the Pennsylvania Human Relations Commission and the construction/exclusivity of the remedy framework (though the precise language on these points is not altered beyond the above carve-out).

3) Who or what would be affected

A. Organizations potentially benefiting from the carve-out

  • Religious or denominational institutions and their affiliated organizations
  • Charitable or educational organizations operated or supervised by religious groups
  • Bona fide private or fraternal organizations

B. Individuals and groups potentially affected

  • Members or potential employees, housing applicants, or consumers seeking protection under PHRA in non-religious contexts
  • Those who might be affected by religious-principle-based selection or preference practices in the specified organizations (as long as the criteria align with the organization’s religious aims and do not contravene the explicit restrictions on discrimination based on race/color/national origin/ancestry)

C. Housing context caveats

  • The carve-out explicitly limits application in certain housing scenarios (e.g., landlord-occupied rooming houses with a common entrance; single-sex dormitories or personal residences with shared living areas) to ensure reasonable housing nondiscrimination where applicable.

4) Procedural and timeline aspects

  • Introduction: December 16, 2025
  • Referral: Housing and Community Development Committee (December 17, 2025)
  • Status progression (as of latest available):
    • Reported as committed (February 2, 2026)
    • Laid on the table and subsequent actions
    • Referred back and amended; second consideration with amendments, then recommitted to Appropriations (April 2026)
  • Effective date: 60 days after enactment (if enacted)

5) Practical impact and considerations

  • The bill clarifies that certain religious and related organizations can apply preferences aligned with their religious principles without violating PHRA, provided they do not engage in discriminatory practices prohibited for non-religious contexts (e.g., discrimination based on race, color, national origin, or ancestry in housing, employment, public accommodations).
  • It narrows or delineates the scope of permissible religious-based preferences by defining “bona fide private or fraternal organization” and restricting eligibility to avoid broader protected-class discrimination concerns.
  • Stakeholders (religious organizations, private/fraternal groups, housing providers, employers) would need to assess whether their practices fall within the carve-out and ensure compliance with the remaining non-discrimination obligations of PHRA.

Note: This summary focuses on the text as introduced and the amendments described in the bill’s history. For full impact, readers should consult the final enacted language and any Legislative Budget and Finance Committee analyses, as well as guidance from the Pennsylvania Human Relations Commission.

Compiled from official sources — confirm details with the bill’s official record.

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