Interfaith Alliance of Pennsylvania

House Bill 300 – Amending the PA Human Relations Act to prohibit discrimination based on sexual orientation and gender identity or expression.  

The right to live and work free from discrimination is a basic civil right that should be afforded to all Pennsylvanians.

Pennsylvanians who are gay, lesbian, bisexual or transgender are not protected from most forms of discrimination under current state law.

The PA Human Relations Act prohibits discrimination in employment, housing, commercial property, public accommodation and education when discrimination isbased on sex, race, age, religion, ancestry, national origin or disability.

State and federal employees in PA are protected from workplace discrimination based on sexual orientation. Most private sector employees are not.

In most PA municipalities it is legal to fire someone, pay them less, refuse to rent or sell a home to them, harass them in school or the workplace, deny them public services — and the list goes on — based on the person’s sexual orientation or gender identity or expression.

Only sixteen PA municipalities have local ordinances prohibiting discrimination based on sexual orientation.

HB 300 defines sexual orientation as actual or perceived heterosexuality, homosexuality

or bisexuality.  Gender identity or expression is defined as actual or perceived gender identity, appearance, behavior, expression or physical characteristics, whether or not associated with an individual's assigned sex at birth.

Gay, lesbian, bisexual and transgender people may not have the same opportunities in PA workplaces, communities and educational institutions as they would in other states.  This makes Pennsylvania less welcoming to new residents, college students and jobcreating businesses.

Twenty other states and the District of Columbia have laws prohibiting discrimination on the basis of sexual orientation and of those, thirteen include gender identity.

In states that have made it illegal to discriminate on the basis of sexual orientation, the rates of workplace discrimination complaints filed on the basis of sexual orientation are similar to those filed on the basis of sex or race. ¹

Expanding the law in this way will not strain state budgetary resources.

A comparison of statewide unemployment rates with discrimination complaints shows that reported instances of discrimination rise when the economy declines.

Minority groups are the first to face discrimination in times of economic stress.

Religious freedom is protected by the First Amendment, and ironically, by the state law this bill amends. The law already contains exceptions for religious entities, including not obligating religiously affiliated employers to hire candidates whose religious beliefs do not agree with theirs.

¹ Evidence of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity: Complaints filed with State Enforcement Agencies 1999-2007.  The Williams Institute, UCLA School of Law.

The Pennsylvania Human Relations Commission enforces PA laws prohibiting discrimination and promotes equal opportunity and diversity in our communities, schools and workplaces.