A loophole in the city’s nondiscrimination law that could expose LGBT business owners to antigay bias may be closed later this year.
Currently, the Philadelphia Commission on Human Relations, which investigates and adjudicates cases of discrimination, is permitted, by the city’s Fair Practices Ordinance, to accept employment, public accommodations and housing cases. The last category, however, has been interpreted to refer to residential housing and not commercial property, which could include an instance such as a business facing discrimination by a landlord.
While the state nondiscrimination law does cover commercial-property cases, unlike the city law, it doesn’t include sexual orientation and gender identity, leaving the Pennsylvania Human Relations Commission also unable to accept cases of LGBT business discrimination.
Rue Landau, executive director of the local human-relations commission, could not recall any specific instances of LGBT-business discrimination coming before the agency, but did note the commission recently had to turn down a case of a massage-parlor owner who believed her business had been discriminated against because of her race or gender.
She noted that the gap in coverage for business owners, including those in the LGBT community, needs to be closed to safeguard against any future incidents.
“By its plain language, the ordinance prohibits discrimination in commercial housing, and historically the commission has interpreted that to include residential housing but not commercial property,” Landau said. “With that said, we believe that to effectuate the purpose of the ordinance, it should be interpreted as broadly as possible.”
Landau said the commission is in the process of researching the legislative history of this component of the ordinance and is planning to draft a series of amendments to the Fair Practices Ordinance, including one that would explicitly extend nondiscrimination protections to the commercial-property sector.
Many of the other changes that are in the works are meant to make the Fair Practices Ordinance more readable and user-friendly, with expanded definitions provided throughout.
The amendments are expected to be introduced to City Council in November.
Landau said that while the commercial-property change would allow for increased protection for LGBT business owners in Philadelphia, LGBT individuals in most places of the state still lack all forms of nondiscrimination protections.
“We can fix this here in Philadelphia and we trust that our elected officials will want to fix this,” she said. “But the greater concern is the smaller towns throughout the state who need these protections just as badly as we do here in Philadelphia.”
House Bill 300, which would amend the state nondiscrimination law to include sexual orientation and gender identity, was introduced in March 2009 and was approved by the Pennsylvania House State Government Committee that month, although it has been stalled in the Appropriations Committee since then.
Stephen Glassman, chair of the Pennsylvania Human Relations Commission, said the commercial-property issue further illuminates the need for changes to the state’s current nondiscrimination law.
“This is one of a number of loopholes that currently exists, which is why we are trying to amend the [Pennsylvania Human Relations Act] to include marital status, familial status beyond housing complaints, genetic information, as well as sexual orientation and gender identity or expression.”
Bill Gehrman, president of local LGBT chamber of commerce Independence Business Alliance, said that while he wasn’t aware of any area LGBT-owned businesses who’ve tried to file discrimination complaints with the local agency, both the local and state nondiscrimination laws need to be updated so they are reflective of the needs of the LGBT business community.
“It’s so important for all of us to remember that while Philadelphia is a fantastic city in which to live and work for LGBT business owners and professionals, our laws do not treat us equally, and there are still many opportunities for discrimination. The LGBT community generates an incredible amount of economic impact for the city and the commonwealth, and we deserve to be treated fairly so that we can grow successful businesses.”
Jen Colletta can be reached at [email protected].