From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A local Catholic school is seeking a teacher. Can the ad say “only Catholics with a baptismal certificate need apply”?

A: Probably not and the Pennsylvania Newspaper Association recommends against publishing such ads.

The Pennsylvania Human Relations Act makes it illegal for employers to discriminate or show a preference based upon age, sex, race, religion, disability or any other protected class. Publishers can be held liable for discriminatory employment advertisements. 16 Pa.C. 41.72.

There is a limited exception in the act that would permit certain religious organizations to discriminate based on religion only, but it only applies if the religious organization does not receive ANY public funds. Most, if not all, religious schools receive public funds for books and many also receive public funding for special education. If the religious school receives ANY public funds, it may not discriminate based on religion.

Please remember that even if this exception applies, religious organizations cannot discriminate based upon any other protected class (age, sex, race, disability, etc.).

There is another exception in the act that allows advertisers to discriminate if they receive a written Bona Fide Occupational Qualification, “BFOQ”, from the Pennsylvania Human Relations Commission. Newspapers should not publish such discriminatory employment ads without a copy of a written “BFOQ” from the Pennsylvania Human Relations Commission.

To learn more about “BFOQ”s and how advertisers can obtain one: [CLICK HERE]

Please contact your attorney or the Legal Hotline with questions (717) 703-3080.

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PNA Legal Hotline: (717) 703-3080