HRC FAQ's

Please note that this was written by Rev. Willie Damper, the current Chief Compliance Officer of the Erie County Human Relations Commission as of Spring 2001. 

Friends:

The Erie County Human Relations Commission (ECHRC) and its Advisory Board have recommended passage of a revised anti-discrimination ordinance to the Erie County Council.

Why is a new ordinance needed?

Our current ordinance, passed in 1993, is procedurally flawed. In the Fall of 2000, the new County Solicitor, Arthur Martinucci, pointed out the numerous flaws in the current ordinance; it does not reflect current civil rights law language, definitions, or proper procedures.  As a result, the commission chose to revise our ordinance based upon that of the York (Pennsylvania) Human Relations Commission. 

York was chosen because their ordinance has been deemed "substantially similar" by both the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD).  Because of that determination, York HRC receives significant federal funding from HUD and has a working agreement with EEOC to enforce federal, state and local anti-discrimination laws.

Thus, a new ordinance may increase the funding of our local Human Relations Commission without additional costs to the County.  York also has a "Practices and Procedures Manual" to explain how the ordinance is implemented and enforced.  This manual, will clarify the process for claimants, respondents and lawyers.  It will be adopted by the Erie County HRC after adoption of the new ordinance.

Is there really discrimination in Erie County?

Yes. Last year Erie County HRC staff (one Compliance officer and a secretary) received some 300 inquiries that resulted in more than 100 written complaints.  Many inquiries are referred to other agencies or private lawyers. Very few complaints go to a formal hearing process, most are resolved by mediation or conciliation. During a typical year, the Pennsylvania Human Relations Commission received an additional 100 formal complaints from Erie County. Thus, Erie County generates more than 200 complaints of discrimination a year. 

Most of the claims filed with the Erie County HRC in 1999 were based on race (52%), sex or gender (27%), or disability (17%).  Most of the complaints (85%)  were related to employment.  For example, women are still terminated for pregnancy, a violation of local, state and federal law.

Do not State and Federal Agencies handles these complaints?

Yes, but they are slow! A complaint filed with the Pennsylvania Human Relations Commission typically takes three years for final resolution.  EEOC takes even longer.  That is why Congress has urged EEOC and HUD to fund local agencies.

In Erie, by contrast, the typical HRC complaint is handled in 3 1/2 months. Thus, a new ordinance means Erie County can offer faster, more cost-effective resolutions.  Its decisions will be made by local staff and appointed commissioners familiar with local circumstances.

Who is covered by the New Ordinance?

Everyone! Not just minorities are covered.  The effect of these protected classifications is far broader.  "Gender" includes men as well as women; "race" includes whites as well as blacks and others shades.  "Sexual orientation" covers heterosexuals as well as homosexuals.  It also covers people over 40 years of age, those using guide or support animals, and our diverse religious persuasions and practices.  

What is covered by the New Ordinance?

Both the current and proposed HRC Ordinance bar discrimination in  housing, employment, and public accommodations.  We are bringing the ordinance in conformance with federal and state law.  Both the old and the new ordinances authorize  the Erie HRC to deal with issues of community tension, community education and provide technical assistance.

Are there exceptions?

Yes! There are exceptions to many kinds of otherwise discriminatory behavior.

There are exemptions in the ordinance for religious organizations, private clubs and landlord occupied housing. These exemptions are conditional, however. For example, businesses open to the public, even if run by people of religious conviction, cannot discriminate. 

Another exemption is a "Bona Fide Job Qualification" which allows an employer to discriminate against persons who cannot meet that standard.  However, employers may have to clearly show the standard is truly a job requirement, especially if it has a disparate impact on a protected class, such as women.  

Why was "Sexual Orientation" added as a protected class?

 Because the Erie Commission received written reports and oral testimony of discrimination based on a citizen's sexual orientation.

 Because six other Pennsylvania cities include "sexual orientation" in their Human Relations Commission Ordinance; Philadelphia, Pittsburgh, Harrisburg, Lancaster, York and State College. 

 Because some Erie County residents are already protected:

The Pennsylvania governor, by executive order, states "No agency under the jurisdiction of the Governor may discriminate ..., because of ,...sexual orientation...."(ref: 4 Pa. Code § 1.161)

Service providers like public schools, educators and residential treatmentcenters are to "provide (services) without discrimination on the basis of, ...sexual orientation..."(ref: 22 Pa. Code § 4.4, 235.4, 709.30 etc.)

Finally, Erie County, in its most recent contract with Health and Planning Departments employees, included "sexual orientation" in it's non-discrimination clause.(ref: Erie County Personnel Department)

We believe there should be equal protection for all.

SUMMARY

To be a tolerant community, every member has the right to be protected from discrimination based on these protected classes.  These are not special rights for a few, but equal access for all to employment, housing and public hotels, restaurants and theaters. Discrimination happens often enough here in Erie County to concern everyone. When it does we need an effective ordinance to educate our citizens, conciliate, and if necessary, enforce our community standard of equality and non-violence. To that end, we need a new and improved ordinance for an effective anti-discrimination agency.

The new ordinance, modeled after the effective York agency, offers up-to-date law, clear procedures and the opportunity to secure additional federal funding for the increased demand.  Finally, Erie County businesses and citizens deserve prompt, cost effective and local resolution of discrimination complaints.  After all, it is our community.  Let us demonstrate that Erie County is a level playing field for all our citizens.

Sincerely,

Rev. Willie Damper,

Chief Compliance Officer

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