The Importance of Local Commissions and County Ordinances Given Lack of Protection for Sexual Orientation and Gender Identity Under State and Federal Law

by Atty. Joseph Aguglia

Title VII of the 1964 Civil Rights Act does not specifically include sexual orientation and gender identity as protected classes, nor has there been a trending movement to include them. The federal agency that handles discrimination complaints, the Equal Employment Opportunity Commission (EEOC) used to treat the definition of "sex" under the statute to include sexual orientation and gender identity. Further, the US Supreme Court ruled in 2020 in the Bostock v. Clayton County case that sexual orientation and gender identity discrimination can constitute sex discrimination under Title VII. Just last year, the EEOC issued guidance to specify that deliberately using the wrong pronouns for an employee or refusing them access to bathrooms corresponding with their gender identity, constituted harassment and illegal discrimination. Now, staff of EEOC are directed to code charges of discrimination as "C", the lowest categorization in the EEOC's system that is usually reserved for meritless charges. Additionally, the EEOC has moved on its own to dismiss seven of its own cases on behalf of workers alleging gender identity discrimination, arguing that the cases now conflict with President Donald Trump's January 20th executive order, declaring that the government would recognize only two sexes as the reason for why it no longer intends to pursue the cases. Civil rights activists have accused the EEOC of illegally defying the Supreme Court and abdicating its duty to enforce anti-discrimination laws by abandoning gender identity lawsuits. This latest decision to bury gender identity complaints leaves people experiencing discrimination at work with limited recourse at the federal level.

At the state level, the Pennsylvania Human Relations Act (PHRA) of 1955 does not include sexual orientation or gender identity as protected classes. The PA Fairness Act was introduced again on June 3rd , 2025 to amend the PHRA to include sexual orientation and gender identity. A previous version of the act passed the state House in 2023 but was never brought to the state Senate for a vote.

On a local level, the Erie County Human Relations Commission Ordinance grants jurisdiction to the Erie County Human Relations Commission (ECHRC) to investigate incidences of employment, housing, and public accommodation discrimination against the protected classes of sexual orientation and gender identity. It is noteworthy that Erie was one of the first counties in Pennsylvania to enact such protection. I am proud of my tenure in Erie as director of the ECHRC from 2006-2018. However, if you travel south to Crawford County, no such legal protection exists. Indeed, only four (4) counties in Pennsylvania out of sixty-seven (67), Erie, Allegheny, Philadelphia, and York, protect against discrimination based on sexual orientation and gender identity. The importance of local Commissions is now more important than ever. Furthermore, the cries from elected officials that the ECHRC and other local Commissions are "duplicative of federal services" are wrong and misguided as noted above.

The public can write to their elected officials to support the PA Fairness Act to allow for the state to include sexual orientation and gender identity as protected classes at the state level. The public can go to the ballot box and elect people who are able and willing to support protection for gender identity and sexual orientation. Until you elect leaders who are willing to change the law and stand up against discrimination, you will not have true legal equality.