Anti-bias bill re-intro’d in PA Senate

*This story has been updated to include comments from Senator Larry Farnese’s office

A bipartisan group of Pennsylvania senators this week re-introduced a bill to prohibit discrimination against LGBT people in the state.

The Pennsylvania Human Relations Act currently provides protections for people based only on “race, color, religious creed, ancestry, age or national origin” in employment, housing and public accommodations. Sens. Patrick M. Browne (R-16th Dist.) and Larry Farnese (D-First Dist.) on Monday introduced Senate Bill 613 to add “sexual orientation” and “gender identity or expression” to the list of protected classes.

Last session, Browne introduced identical legislation and also later broke the legislation into three separate bills — each addressing protections in employment, housing and public accommodations — but this version is again comprehensive. Last session, the housing-related bill advanced out of committee but all bills ultimately died in session.

Representatives from Browne’s office were not immediately available for comment. Sarah Kurish, legislative director for Farnese’s office, noted that Pennsylvania is the only state in the Northeast lacking LGBT protections.

“The senator’s position is that absolutely everyone in the Commonwealth should be treated equally,” Kurish said. “You can look at the devastating economic impact the lack of this protection has had on other states. Look at North Carolina; they lost billions of dollars. I think it’s important that Philadelphia already has these protections in place but as soon as you’re outside of the city, you lose that protection and that’s not how it should be in the state.”

The bill includes definitions of “sexual orientation” and “gender identity or expression” for reference. Additionally, it notes that employers must allow employees to adhere to dress codes and grooming standards based on the employee’s gender identity or expression.

“Nothing in this act shall prohibit an employer from requiring an employee, during the employee’s hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of federal, state or local law, provided that the employer permits an employee to adhere to the dress or grooming standards that are consistent with the employee’s gender identity or expression,” the bill states.

Additionally, the bill outlines that there is no defense to a claim if an individual practices discriminatory actions based on the “mistaken belief “ that a person or group has characteristics “upon which this act prohibits discrimination” or based upon a person or group the individual associates with.

Two Republicans joined Browne and Farnese — Reps. Scott Wagner (28th Dist.) and Charles McIlhinney (10th Dist.) — along with Democratic Sens. Jay Costa (43rd Dist.), Vincent Hughes (Seventh Dist.), James Brewster (45th Dist.), Anthony Williams (Eighth Dist.), Daylin Leach (17th Dist.), Lisa Boscola (18th Dist.), John Sabatina (Fifth Dist.), John Yudichak (14th Dist.), Art Haywood (Fourth Dist.), John Blake (22nd Dist.), Sharif Street (Third Dist.) and Wayne Fontana (42nd Dist.).

Five cosponsors from last session are no longer serving in the legislature. Meanwhile, Sens. Judith Schwank (D-11th Dist.), Christine Tartaglione (D-Second Dist.) and Andrew Dinniman (D-19th Dist.) cosponsored last session but have not yet signed on to this bill. 

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