On March 19, 2026, Northampton County Council approved a non-discrimination ordinance (the “Ordinance”), expanding local civil rights protections and authorizing the creation of a county Human Relations Commission.
In her latest article, KingSpry’s partner Karley Biggs Sebia, Esq., reviews the Ordinance and its impact across a broad range of sectors, including employers, educational institutions, housing providers, healthcare providers, and other public-facing entities operating within Northampton County (the “County”).
Overview of the Ordinance and the Commission
The stated purpose of the Ordinance is to “promote the rights and opportunities of all persons to participate in the social, cultural, recreational, and economic life of the County and to assure equal opportunity for all persons concerning employment, housing, education, health care, and use of public accommodations…”
Consistent with this purpose, the County will establish the Northampton County Human Relations Commission (“Commission”), which will have authority to receive, investigate, and adjudicate discrimination complaints. The Commission will operate similarly to the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act (“PHRA”), but at a county level, potentially providing a more accessible and efficient forum for resolving complaints.
The Ordinance also reflects a broader regional trend, as similar ordinances have been adopted in neighboring jurisdictions, including Lehigh County.
Expanded Protected Classes
The Ordinance expands the scope of protected classes beyond those expressly recognized under federal and Pennsylvania law. In addition to traditional categories (e.g., race, religion, sex, and national origin), the Ordinance includes protections based on:
- Gender identity and expression;
- Sexual orientation;
- Source of income;
- Marital and familial status;
- Relationship or association with a disabled person;
- Veteran status;
- Status as a survivor of domestic or sexual violence;
- Education status (e.g., GED v. high school diploma); and
- Physical characteristics such as height and weight.
These expanded classifications broaden the scope of protected classes at the local level.
Expanded Applicability Across Sectors
The Ordinance applies to employers with one (1) or more employees (excluding immediate family members), expanding coverage beyond the Pennsylvania Human Relations Act (“PHRA”), which generally applies to employers with four (4) or more employees. As a result, some businesses may be brought within the scope of anti-discrimination regulation for the first time, and organizations may face increased obligations and exposure in their relationships with both employees and contractors.
The Ordinance also applies broadly to housing providers, covering most housing accommodations offered for sale or rent, including those listed or managed by brokers, agents, or owners themselves, while excluding the rental of rooms in an owner-occupied personal residence where living space is shared. This framework is generally consistent with the PHRA, which contains a similar exemption for certain owner-occupied dwellings.
Employment Discrimination Protections
Key Takeaways For Employers:
- Equal opportunity in employment: Employers cannot refuse to hire, fire, or otherwise disadvantage employees or contractors based on a protected class. This includes compensation, hiring, job conditions, and benefits.
- Recruitment and referrals: Employment agencies, unions, and training programs cannot limit or steer candidates in ways that undermine anti-discrimination protections.
- Application and hiring practices:
- Employers cannot ask about protected characteristics on applications or keep related records.
- Disability-related questions are prohibited before a job offer, except regarding the ability to perform essential job functions.
- Employers cannot ask about salary history.
- Criminal history protections:
- Employers cannot ask about criminal convictions on initial applications and must wait until after an initial interview.
- Convictions can only be considered if relevant to the job.
- Applicants must be notified if a decision is based on criminal history.
- Disability protections:
- Employers cannot discriminate based on past or present disability.
- Protections extend to individuals associated with someone with a disability.
- Retaliation prohibited: Employees are protected from retaliation for filing complaints or participating in investigations.
- Advertising restrictions: Job postings cannot express preferences or limitations based on protected class.
- Limits of the law: Employers are not required to hire unqualified individuals, and certain disability-focused organizations may give preference to disabled individuals.
Housing Discrimination Protections
The Ordinance ensures equal access to housing and related services, prohibiting discrimination in renting, selling, financing, and occupancy.
Key Takeaways:
- Equal access to housing: Landlords, sellers, and lenders cannot deny housing, financing, or related services based on protected class.
- Tenant protections:
- Evictions based on pregnancy or childbirth are prohibited.
- Individuals with disabilities must be allowed reasonable modifications (at their expense) and accommodations.
- Advertising and inquiries:
- Housing ads cannot express discriminatory preferences.
- Landlords and sellers cannot ask about protected characteristics during transactions.
- Real estate practices:
- “Steering” or influencing housing choices based on neighborhood demographics is prohibited.
- Equal access to real estate services and listings must be provided.
- Anti-retaliation: Individuals are protected from threats or harm for asserting their rights.
- Exemptions include:
- Housing for older persons (limited age-related exceptions).
- Owner-occupied shared housing rentals.
- Private clubs not open to the public.
- Landlords cannot be required to participate in programs like Section 8.
- Reasonable occupancy limits still apply.
Educational Discrimination Protections
Public and private educational institutions within the County must comply with the Ordinance’s expanded protections. The Ordinance reinforces that educational access must be free from discrimination across a wider range of characteristics than those recognized under state law alone.
Key Takeaways:
- Equal access and treatment: Schools cannot deny admission, participation, or equal treatment based on protected class.
- Employment within education: Faculty and staff are also protected in hiring, compensation, and working conditions.
- Association-based protection: Students cannot be treated differently due to a relationship with a person in a protected class (e.g., disability).
Public Accommodations
The Ordinance focuses on public-facing entities, including businesses and services open to the public.
Key Takeaways:
- Equal access: Businesses cannot deny goods, services, or access based on protected class.
- No discriminatory messaging: Public communications or advertisements cannot indicate exclusion.
- Specific protections:
- Breastfeeding mothers must be allowed access without restriction or segregation.
- Individuals with disabilities must be accommodated, including service animals and mobility devices, without extra charges.
- Protections extend to individuals associated with someone in a protected class.
- Limited exemption: Individuals are not required to create speech or artistic expression that conflicts with sincerely held religious beliefs.
Healthcare Discrimination Protections
The Ordinance ensures non-discriminatory access to medical care.
Key Takeaways:
- Equal access to care: Healthcare providers cannot deny or limit treatment, procedures, medications, insurance benefits, or program participation based on protected class.
Enforcement and Penalties
The Commission will have authority to investigate discrimination complaints, facilitate resolution, conduct hearings, and impose penalties where violations are found. The Commission may assess fines of up to $600 per violation. While modest compared to federal remedies, the creation of a local enforcement body is likely to increase the volume of claims.
Compliance Considerations
Importantly, claims that may not succeed under the PHRA could still proceed under the Ordinance. Organizations operating in the County should take proactive steps to mitigate risk:
- Policy Updates: Review and revise employee handbooks, leasing documents, institutional policies, and anti-discrimination procedures to reflect the expanded protected classes.
- Training and Education: Provide training on implicit bias, inclusive practices, and the newly protected categories.
- Reasonable Accommodations Ensure compliance with obligations related to disability accommodations in employment, housing, and services.
Effective Date
For all municipalities within the County, except the City of Bethlehem, this Ordinance shall take effect on June 1, 2026. For the City of Bethlehem, the Ordinance shall take effect in June 2027, unless the Bethlehem City Council has taken action to exclude the City from the Ordinance.
Conclusion
Northampton County’s new Ordinance expands civil rights protections and introduces an additional layer of regulatory oversight across multiple sectors.
Across employment, housing, public accommodations, education, and healthcare, the Ordinance reinforces a clear principle: decisions must be based on merit and legitimate factors, not protected characteristics, while emphasizing fair access, anti-retaliation protections, and reasonable accommodations.
Organizations should act promptly to review policies, implement training, and ensure compliance. As local enforcement expands, proactive compliance will be critical to mitigating both legal and reputational risk.
