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Why Pennsylvania needs to have a comprehensive Human Relations Commission statue

Steve Glassman had previously suggested that I contact PoliticsPA.com about posting a link to the article about our lobbying visit with US Rep PA-3 Kathy Dahlkemper.

Sy Snyder, one of the folks, asked me to write a little something about HB 300, so I dashed something off this morning. They included me, which is pretty cool.

So, I am treating this as blog fodder. ;)

Why Pennsylvania needs to have a comprehensive Human Relations Commission statue

By Michael Mahler, Erie Gay News

Right now, the Pennsylvania House of Representatives is considering HB 300, which would amend the current statewide Human Relations Commission statute to include sexual orientation and gender identity/expression. The statute has covered other categories, like race, religion, gender and etc since 1955. There are 20 other states in the US which already include similar legislation, including New Jersey, New York and Maryland, which border us. Additionally, thirteen municipalities in Pennsylvania already include this legislation. So, we are not talking about exploring radical and untried territory here. If our neighboring states can have this and if almost half the states in the US can have this, then why should Pennsylvania lag behind?
Why do we need this law? First and foremost, people should be judged on how they perform their jobs, and not on criteria that are unrelated to that. This law does not set hiring quotas. It already protects religious institutions, since the same law already deals with other categories that impact religious institutions.
Since 80% of Pennsylvania residents live in areas not covered by this particular anti-discrimination legislation, we have some legal anomalies. As an example, I have a very good friend who works here in Erie County, which does protect on these categories, she does have legal recourse if she is fired from her job because of her sexual orientation. However, she lives in a county adjacent to Erie, so she has no legal recourse if she is denied housing on that basis. That situation would be reversed for someone who lived in Erie, but worked in an adjoining county. Does that make sense? Of course not.
Pennsylvania is at a disadvantage for competing for skilled workers by not having this legislation. Over 97 percent of Fortune 500 companies already include protection on the basis of sexual orientation in their company policy, and over 35 percent also include protection for gender identity. (http://www.hrc.org/issues/fortune500.htm) Unfortunately, this does not carry the force of law, and this does not protect workers at companies that don’t provide this. It also creates confusion for companies that have facilities in multiple areas; a branch in Erie would be subject to different local laws than a branch in Meadville. Companies are much farther in realizing that employment practices that judge solely on performance make good business sense.
I live in Erie County, and was involved with those who helped pass this legislation back in 2002. Then County Executive Rick Schenker (R) signed the law on March 8, 2002. (See the article at http://www.eriegaynews.com/news/article.php?recordid=2002hrcpasses.html) At the time, there were anti-gay organizations and individuals who were predicting dire consequences if Erie County passed this legislation. It has been 7 years since this was enacted here, and these wild claims have not been substantiated. We now hear from similar voices, and in some cases, the very same people, who are trying to argue the same tired arguments that were not true for Erie County will be true for Pennsylvania. Again, similar legislation is already in place in neighboring states and almost half of the states in the US.
This law would protect all citizens equally. Just as the other categories protect both those of a minority class within a category as well as the majority exactly equally, so too would this law protect the proposed additional categories. For example, the current legislation protects a worker fired for being Christian exactly the same as a worker fired for being Muslim or Jewish. Similarly, a worker fired for being straight or non-transgendered would be equally protected as a worker fired for being gay or transgendered. The law does NOT give anyone "special rights" since everyone belongs to a class within each of the categories. Every has a sexual orientation and gender identity, just as everyone belongs to a race or has a religious orientation.
The proposed law only deals with employment, housing and public accommodations (like restaurants.) It does NOT deal with other aspects of the law, such as marriage, requirements of domestic partner benefits or etc.
So please, contact your state legislator and ask them to support HB 300. Pennsylvania needs to treat ALL of its citizens equally under the law.


Michael Mahler is the Business Manager, Co-editor and Contributing Writer of the Erie Gay News

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