Delaware County, PA Enacts Antidiscrimination Ordinance

Delaware County, Pennsylvania became the latest county in the Keystone State to enact a county-level antidiscrimination ordinance. Passed on December 3rd, Ordinance No. 2025-06 goes into effect January 1, 2026.

The new Ordinance, which will become Section 6-89 of the Delaware County Code, will apply to employers with one or more employees in the County. Several protected classes are created including, but not limited to, race, ethnicity, religion, gender identity, marital and family status, and source of income. The Ordinance makes discrimination against any individual based on these protected classes, including in the areas of employment and housing, unlawful.

From an employment standpoint, the Ordinance impacts criminal history inquiries and use. Employers may not ask about criminal history on an initial employment application, but employers may include in job requirements that applicants have a clean driving record or be able to pass a child abuse clearance check.

Employers cannot require applicants to disclose criminal conviction information until after an initial interview. When considering criminal convictions, employers must ensure the information relates to an applicant’s suitability for employment. Employers may conduct a background check after the initial interview to help make this determination.

The above requirements do not apply to any position that, by law, includes a requirement that employees must be free from conviction of any crime or specific crimes, but in such circumstances, employers may inquire only into the limited set of crimes that are disqualifying for employment by law.

Employers should review the Ordinance in full as it addresses additional items such as prohibiting inquiries into salary history. The County’s Human Relations Commission will be responsible for enforcement.