Anti-LGBT job discrimination law for PA?

Posted 8/21/12

HARRISBURG, PA — This may be the year that the Pennsylvania General Assembly passes legislation that prohibits job discrimination against people based on sexual orientation or gender identity.

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Anti-LGBT job discrimination law for PA?

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HARRISBURG, PA — This may be the year that the Pennsylvania General Assembly passes legislation that prohibits job discrimination against people based on sexual orientation or gender identity.

Democrats have been pushing for such legislation for several years, and on August 31, the Senate Labor and Industry Committee, chaired by Sen. Lisa Baker, whose district includes Wayne and Pike counties, held a public hearing on Senate Bill 1306.

A press release issued by Baker before the hearing said, “The broad philosophical arguments related to these issues are well known. What the committee is seeking are detailed arguments for or against the provisions set forth in the bill that can be used to help members determine whether it adequately addresses workplace discrimination as written, or whether changes to the current language might be necessary.”

Both sides of the debate were represented. Jonathan Alexandre, the director of public policy at Liberty Counsel, a non-profit that promotes religious freedom, opposed the law, saying, “Religious organizations in Pennsylvania have the right under current state law to hire people who believe as they do and act consistent [sic] with those beliefs. This bill strips that right away from religious employers, using an utterly false and offensive comparison to someone’s skin color. They want you to believe that, if a religious organization didn’t hire such a person, it would be no different than refusal to hire a person because of skin color. This is a lie. The color of my skin is not a feeling or desire. It is not something I can choose to act on or not act on. I simply am black.”

On the other side of the issue was the testimony offered by the Pennsylvania American Civil Liberties Union (ACLUPA), which said the legislation does not go far enough because it does not address housing issues.

Andy Hoover, legislative director of ACLUPA said, “We are grateful that the General Assembly is finally giving serious consideration to the idea of stopping discrimination against gay and transgender Pennsylvanians. Employment protections are critical, but this bill leaves LGBT people vulnerable, as it fails to provide them with the same legal protections in housing or public accommodations that are provided to every other designated characteristic under the law.

“Protections in public accommodations are particularly important for transgender and gay people, who face discrimination in aspects of daily life that many of us take for granted, such as seeking medical care or going to eat at a restaurant. LGBT people deserve to be treated equally in all aspects of the law. This work will not be finished until gay and transgender Pennsylvanians have protection from discrimination at work, at home and in public life.”

The legislative action comes in the wake of a move in April in which Gov. Tom Wolf banned LGBT job discrimination in hiring in the executive branch of state government. So far, however, the House and Senate have been reluctant to pass legislation that would ban LGBT job discrimination outright.

Public comments are still being accepted. They can be submitted via email to SB1306@pasen.gov or they can go to www.senatorbaker.com and click on the SB1306 public comment box.

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