A SEPTA spokesperson this week said the agency supports LGBT civil rights, even though it doesn’t want to fall under the jurisdiction of the city’s Human Relations Commission, which enforces those rights.
“SEPTA has strict, clear policies that forbid discrimination against customers and employers based on sexual orientation or gender identity,” said Andrew Busch. “SEPTA supports allowing transgender individuals to use restrooms appropriate to their gender identity.”
Busch emphasized that the transit agency opposes all types of discrimination.
“SEPTA works hard to ensure all customers and employees are treated fairly, and remains committed to staying in the forefront with efforts to prohibit discrimination in all forms,” he said.
But Busch stopped short of pledging SEPTA’s support for the Fairness Act, which would create statewide LGBT civil-rights protections.
Andrew A. Chirls, an LGBT attorney, questioned SEPTA’s commitment to LGBT civil rights.
“We should wonder why SEPTA says that it promises not to discriminate based on sexual orientation but resists oversight by other governmental authorities,” Chirls said. “That’s as good as the riders saying that they promise to pay fares, so long as they are on the honor system of enforcement. SEPTA wouldn’t allow that, and they shouldn’t. Neither should the court. Discrimination laws come with enforcement.”
SEPTA is involved in contentious litigation with the city, dating back to 2009, to avoid falling under the jurisdiction of the city’s Human Relations Commission.
SEPTA claims that, as a state agency, it’s only required to follow state and federal laws antibias laws, which aren’t LGBT-inclusive.
Commonwealth Court recently agreed with SEPTA’s position, but the city wants the state Supreme Court to overturn the lower-court ruling.
In a June 22 filing, SEPTA contends that falling under the jurisdiction of the local HRC could increase taxes, reduce services and distract the agency from its core mission of transporting people.
The brief also notes SEPTA’s non-position on the Fairness Act, currently pending in the state legislature: “If the General Assembly wants SEPTA or other Commonwealth agencies to be subject to broader antidiscrimination laws, it can easily pass legislation that accomplishes those ends.”
Oral arguments in the dispute are set for 10 a.m. Sept. 13 in Courtroom 456 of City Hall.