Allegheny County Council made history last month when legislation that
prohibits discrimination in housing and employment for the county's LGBT
residents was signed into law.
HR Commission Bill No. 4201-08, which was proposed by Councilwoman Amanda
Green last summer, was approved by an 8-6 vote on July 1, and was signed
into law by Allegheny County Executive Dan Onarato at a special signing
ceremony on July 9.
Successful passage of the bill came after several months of analysis and
debate over its language.
Kris Rust, past president and current member of the Steel City Stonewall
Democrats, said the amended version of the bill addressed concerns that both
opponents and supporters voiced during its development.
One of those concerns was the inclusion of legal protection for the county's
transgendered residents, which Rust said was accomplished through a
grassroots campaign that involved personal conversations between residents
and lawmakers.
"Gender identity was a big concern for us, because we really wanted to
ensure those residents were protected," Rust said. "Several politicians had
questions about gender identity and expression, so we really had to work
with and educate them."
Despite initial concerns, Rust said the issue of gender identity was
resolved relatively early in the process of developing the language of the
bill.
Another issue, which was resolved in the process of developing the
legislation, was the cost of funding the commission charged with
investigating claims of discrimination.
Councilwoman Green said she had originally proposed a paid commission of 15
members, which was later amended to a seven-member, volunteer panel.
Green said members of the commission will be appointed by the county
executive's office, a process that typically carries a deadline of 30 days
from the date the bill was signed. Because of the unprecedented novelty of
the legislation, however, Green said the deadline is tentative, and hopes
that the flexibility will ensure a competent and qualified staff of
commissioners.
"The initial commission may take some time to establish because we don't
have enough information right now to fill all the vacancies," Green said.
"But we do have a lot of people interested in serving on the commission."
Green also said she has instructed people interested in serving on the
commission to send letters of interest along with qualifications and contact
information to County Executive Dan Onarato's office.
Although language and funding were initial concerns faced by county council
members in the process of vetting the legislation, Green and Rust said
exemptions would prove to be the biggest challenge in getting the bill
passed.
Green said some members of County Council had suggested that the bill should
include exemptions for religious organizations.
Rust said Green had originally proposed an amendment modeled after the
Pittsburgh ordinance, which included exemptions for religious, fraternal and
charitable organizations that did not receive county funds. He added,
however, that a government reform committee determined that the exemptions
were too broad and might actually weaken the bill.
"Basically, if these organizations weren't receiving county funds, they
could still discriminate because of the exemptions," Rust said.
Rust added that despite any opposition to the exemptions, they eventually
became an inevitable part of the signed legislation.
"It became apparent to all of us that we weren't going to get this bill
passed without exemptions," Rust said.
To settle the debate over exemptions in the bill, Green and Rust said the
bill was reevaluated and modeled after similar legislation in Philadelphia,
which does not mention public funding in its exemptions.
"The compromise we came up with is silent on the question of county
funding," Rust said. "The hope is that the ordinance will be written into
contracts with the county, which will require organizations to comply with
the ordinance."
Green added that despite the exemptions, the legislation and its intended
purpose reflects the community's desire to promote equality and social
justice throughout Allegheny County.
"Really, this bill was about what the community wanted," Green said, "both
the LGBT community and the community at large."
Despite the unprecedented historical significance of HR-Bill 4201-08, Green,
Rust, and other supporters of the legislation said its purpose is not simply
limited to investigating and/or prosecuting alleged cases of discrimination.
Rust pointed out that beyond the investigative and prosecutorial facets of
the bill, education is also an important goal supporters of the legislation
hope to accomplish.
"This bill isn't just about prosecuting cases of discrimination, but
actually preventing them," Rust said. "We want to promote fair employment
practices, and we want the commission to be a resource for employers and
housing agencies across the county."
Rust added that much of the commission's job will be mediating alleged cases
of discrimination outside of court and actually preventing frivolous
lawsuits.
Charles Morrison, who has directed Pittsburgh's Commission on Human
Relations for 14 years, said most complaints are usually served within 72
hours. He added that alleged cases of discrimination are carefully screened,
and that claims need to be substantiated before a formal investigation can
take place.
"People just can't file a case anonymously," Morrison said. "The person
filing a case needs to provide a basis for discrimination and provide
examples of how other people were treated more fairly."
Morrison also reiterated the educational benefits of nondiscrimination
policy, and said both are vital to ensuring the effectiveness of such
legislation.
"Civil rights legislation has a two-prong approach-enforcement and
education," Morrison said. "If people know certain conduct and actions are
illegal, they will presumably not engage in them."
Morrison added that education also provides awareness to residents who might
not otherwise know what their legal rights are or how to exercise those
rights.
Morrison also pointed out that the city's commission has been effective in
promoting an environment of equality and social justice, and is glad to see
the county has inally followed suit.
Green said that although County Council is enjoying a much needed summer
break, County Council's next goal in terms of enforcing the legislation is
to assemble the commission charged with investigating alleged cases. In the
meantime, Green said county residents with concerns or possible cases can
still file complaints with the county executive's office.
Morrison said the county bill serves to strengthen local law and give people
outside the city protections that they didn't have before. He added that the
bill adds value to what individual residents bring to their communities and
prevents them from being limited because of who they are.
"This bill is a landmark decision in the area of civil rights for Allegheny
County," Morrison said. "It's basically saying we're glad you're here and we
value what you have to offer our community."