The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Philly Long a Leader in LGBTQ+ Protection

Philadelphia's Fair Practice Ordinance Prohibits Discrimination by All Employers Who Do Business in the City

One may wonder - Title VII makes discrimination illegal, and Pennsylvania has its own state law, the Human Relations Act - so why did Philadelphia need to enact the Fair Practices Ordinance?

On the heels of that question may come another - is a city allowed to enact a law on subject matter that has already legislated via federal and state legislation?

Welcome to Civics 101! Interestingly, the answers to these questions provided US with a more enlightened understanding into how historically controversial issues such as abortion rights, same sex marriage, voting rights, school prayer, riparian rights and the like have been a constant source of discord between local municipalities, states and the federal government.

Substantial Protections afforded beyond Those Found in Title VII!

The Philadelphia Fair Practices Ordinance also prohibits discrimination based on age, sex, race, religious beliefs, national origin or disability unlawful by employers. The PFPO defines "employer" as follows:

Any person who does business in the City of Philadelphia through employees or who employs one or more employees exclusive of parents, spouse, Life Partner or children, including any public agency or authority; any agency, authority or other instrumentality of the Commonwealth; and the City, its departments, boards and commissions.

So, PFPO applies to any company that has 1 employee or more (Title VII only protects employees who work for companies that have 15 or more employees; the Pennsylvania Human relations Act, 4 or more).

So, an employee who works for a company in Philadelphia that that has 3 workers can sue for discrimination under PFPO, but not under PHRA or Title VII.

Looking for a Contingent Fee Lawyer for a Discrimination Case in Philadelphia? Work in Philadelphia and Discriminated Against at Work? Discriminated Against Because of Your Sexual Preference or Gender Identity?

Neither Title VII nor the PHRA prohibit discrimination based upon the sexual orientation or sexual identity of the employee. Hence, absent a municipality ordinance stating otherwise, gay or transgender workers in Pennsylvania have no protection from discrimination based upon sexual orientation or preference.

LGBTQ Protection Not Found in Title VII or Pennsylvania Human Relations Act

PFPO just such an ordinance; it’s broad definition of discrimination reads as follows:

§ 9-1103. Unlawful Employment Practices.
(A) It shall be an unlawful employment practice:
(1) For any employer to refuse to hire, discharge, or discriminate against any person because of race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap, or marital status with respect to tenure, promotions, terms, conditions or privileges of employment or with respect to any matter directly or indirectly related to employment.
(2) For any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, the employment or membership opportunities, of any individual or group because of race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap or marital status.
(3) For any employer, employment agency or labor organization prior to employment or admission to membership to: (a) make any inquiry concerning, or make any record of the race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, past handicap or marital status of any applicant for employment or membership. (b) use any form of application for employment of personnel or membership blanks containing questions or entries regarding race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, past handicap or marital status. (c) cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap or marital status.
(4) For any employment agency because of a person's race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap or marital status to: (a) fail or refuse to classify properly or refer for employment. (b) otherwise discriminate against any person.