Is there preemption?
No, the Pennsylvania Human Relations Act (PHRA) explicitly grants permission to cities, townships, boroughs, and counties to create local human relations commissions and pass non-discrimination ordinances.[1]
Governing Statutes
The Pennsylvania Human Relations Act of 1955 (PHRA) prohibits discrimination statewide in employment, housing, commercial, property, education, and public accommodations. The PHRA protects against discrimination based on “race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap, or disability.”[2] The PHRA created the Pennsylvania Human Relations Commission, which enforces the PHRA and the Pennsylvania Fair Educational Opportunities Act (PFEOA). In 2023, PHRC implemented new regulations that expand the definition for the protected class of ‘sex’ to include pregnancy status, childbirth status, breastfeeding status, sex assigned at birth, gender identity or expression, affectional or sexual orientation, and differences in sex development.[3]
Examples of Non-Discrimination Ordinances
As of 2023, at least 73 Pennsylvania political subdivisions (towns, counties, municipalities, and boroughs) have passed LGBTQ-inclusive non-discrimination ordinances.[4] Currently, 35% of Pennsylvanians are covered by one of these ordinances.[5] Philadelphia, Pittsburgh, and Reading are all examples of cities with Human Relation Commissions and non-discrimination ordinances.[6]
[1] 43 P.S. § 962.1
[2] 43 P.S. § 953
[3] 53 Pa.B. 3188
[4] https://payouthcongress.org/localnondiscrimination/
[5] Movement Advancement Project. “Equality Maps: Local Nondiscrimination Ordinances.” https://www.lgbtmap.org/equality-maps/non_discrimination_ordinances. Accessed 09/28/2023.
[6] Philadelphia Municipal Code § 9-1101 – 9-1134; Pittsburgh Code of Ordinances § 651.01 – 659-.07; Reading Code of Ordinances § 23-501 – 23-514