On April 7, 2016, Pennsylvania Governor Tom Wolf signed two anti-discrimination orders prohibiting discrimination based on sexual orientation, gender expression, or identity.
Executive Orders 2016-04 and 2016-05 extend these protections to Commonwealth employees and employees of businesses who are contracted by the Commonwealth, respectively.
Specifically, Executive Order 2016-04 prohibits discrimination and affirms equal employment opportunity for all agencies under the Governor’s jurisdiction. The order defines sexual orientation as heterosexuality, homosexuality, or bisexuality, and defines gender identity or expression as gender-related identity, appearance, mannerisms, expression or other gender-related characteristics of an individual regardless of the individual’s designated sex at birth.
Executive Order 2016-05 goes a step further by establishing a Contract Compliance Program wherein Commonwealth contracts and grants are nondiscriminatory in three aspects: (1) nondiscrimination in the award of such contracts and grants; (2) nondiscrimination by those who are awarded Commonwealth contracts and grants in the hiring and treatment of their employees; and (3) nondiscrimination by those who are awarded Commonwealth contracts and grants in their award of subcontracts and supply contracts for performance under Commonwealth contracts.
Governor Wolf signed the orders in light of the fact that the Pennsylvania Fairness Act has not left the General Assembly. The PA Fairness Act would apply these protections to all Pennsylvania workers, not just those of the Commonwealth or of businesses who contract with the Commonwealth.
Although the orders represent another step toward equality, the Governor beckoned the General Assembly, “to swiftly put legislation on my desk that ensures that people throughout the Commonwealth, regardless of sexual orientation, gender expression or identity, are treated equally under Pennsylvania law.”
Proponents of the Governor’s action wonder to what extent, if any, the orders provide a legal claim against a Commonwealth employer or employer who contracts with the Commonwealth. Conversely, opponents worry about the impact the orders will have on faith-based organizations which already claim federal and state protection.
While the future of the orders is uncertain, one thing remains clear, the legal landscape regarding discrimination is constantly evolving. Accordingly, we advise business clients to avoid any appearance of discrimination in making business decisions. Further, business owners are well advised to speak to an attorney experienced in Employment Law, such as the KingSpry Employment Law Practice Group, to ensure compliance.
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.