PA’s Chester County Creates Human Rights Commission; Employers to Face Expanded List of Protected Classes

Takeaways

• Nondiscrimination provisions covering employment, housing and public accommodations take effect 12.23.25.
• Joining a state trend to fill perceived gaps in state and federal protections, the ordinance expands protections based on gender identity, gender expression, and more.
• The new Chester County Human Relations Commission has investigatory and quasi-adjudicatory authority.

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• Chester County Ordinance No. ORD-2025-03

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The Chester County Board of Commissioners recently adopted Ordinance No. ORD-2025-03, creating the Chester County Human Relations Commission (CCHRC) and enacting broad countywide nondiscrimination provisions covering employment, housing and public accommodations. Passed 2-1 along party lines on Sept. 24, 2025, the ordinance takes effect 90 days after enactment, Dec. 23, 2025.

Modeled on the Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq., the Chester County ordinance substantially expands the list of protected classes beyond those already covered by state law. The ordinance expands protections based on gender identity, gender expression, sexual orientation, marital and familial status, source of income, veteran status, and status as a victim of domestic or sexual violence. 

These additional protections reflect a growing local trend in Pennsylvania as several other counties (including Delaware, Lehigh, and Montgomery) have enacted similar ordinances or taken steps in recent years to fill perceived gaps in state and federal protections. Chester County’s action makes it the first “collar county” around Philadelphia to implement a county-level enforcement mechanism.

The CCHRC is set to consist of seven to 13 volunteer members, appointed by the county commissioners for staggered three-year terms. While volunteers serve without compensation, the county has authorized limited funding and legal support through the Solicitor’s Office. The Commission has investigatory and quasi-adjudicatory authority: It may receive verified complaints, conduct investigations, issue subpoenas, and, if conciliation fails, hold public hearings. Remedies include cease-and-desist orders, restitution and civil fines of up to $500. Commission determinations are appealable to the Chester County Court of Common Pleas under the Local Agency Law, 2 Pa.C.S. § 751, et seq.

The Chester County ordinance was enacted under Section 12.1 of the PHRA, which expressly authorizes municipalities and counties to establish local human relations commissions. In practice, this creates concurrent jurisdiction. For instance, an aggrieved individual may file either with the state PHRC or with the local county commission, but generally not both for the same claim. The local body serves as a first-tier forum intended to offer faster, community-based resolution of discrimination complaints. The Chester County Commission also may refer or coordinate cases with the PHRC when state-level expertise or enforcement is warranted.

Complaints must be filed within 180 days of the alleged discriminatory act, either online or through the County Solicitor’s Office. The process includes preliminary jurisdictional review, investigation and conciliation, followed (if necessary) by an adjudicative hearing. Retaliation against complainants or witnesses is expressly prohibited.

The ordinance reflects a different approach to civil rights enforcement in Pennsylvania. Local governments may extend protections beyond state minimums while coordinating with the PHRC. Chester County intends its commission to serve as a complementary, rather than competing, mechanism for addressing discrimination at the community level. 

Critics are characterizing the Commission as duplicative, noting that residents already fund the PHRC through state taxes. Proponents view it as a subsidiary mechanism designed to improve accessibility and responsiveness on a local level. Which view eventually prevails remains to be seen; either way, Chester County employers should be prepared for a potential extra level of nondiscrimination enforcement starting in December.

Please contact a Jackson Lewis attorney with any questions.