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View as WebpageJanuary 2025 Newsletter

January 2025

Hello

Amanda,


Celebrating 70 Years of Advocacy: The Pennsylvania Human Relations Commission


In 2025, the Pennsylvania Human Relations Commission (PHRC) will proudly mark its 70th anniversary, a significant milestone that reflects its enduring commitment to fostering equality and combating discrimination throughout the Commonwealth. Established in 1955, the PHRC has played a pivotal role in promoting civil rights and ensuring that all residents of Pennsylvania can enjoy the fundamental freedoms guaranteed by our democracy.


The PHRC was created in response to a growing awareness of the need for a dedicated body to address issues of discrimination and to promote harmonious relations among diverse communities. Since its inception, the Commission has worked tirelessly to enforce the Pennsylvania Human Relations Act, which prohibits discrimination in employment, housing, and public accommodations based on race, color, religion, sex, national origin, ancestry, age, disability, and use of guide or support animals.

Over the decades, the PHRC has been instrumental in addressing systemic inequalities and advocating for marginalized populations. By investigating complaints, facilitating mediation, and providing education and outreach, the Commission has not only helped individual victims of discrimination but has also contributed to the broader movement for civil rights across the Commonwealth. Its work has underscored the vital principles of justice and equality that are essential to a functioning democracy.


As the PHRC approaches this historic anniversary, it is taking steps to commemorate its achievements and re-energize its mission for the future. Plans are underway for a special anniversary celebration, which will bring together stakeholders, community leaders, and advocates from across Pennsylvania and the country. This event will serve as a platform to reflect on the Commission's accomplishments over the past seven decades while also addressing the ongoing challenges related to discrimination and social justice.


As we reflect on the past 70 years, it is clear that the Pennsylvania Human Relations Commission has been a beacon of hope and a catalyst for change in our society. Its work has not only improved the lives of countless individuals but has also strengthened the fabric of our democracy. The upcoming anniversary celebration will not only honor this legacy but will also reaffirm the Commission's commitment to ensuring that all Pennsylvanians can live free from discrimination and enjoy equal rights.


In a time where the principles of equality and justice are more critical than ever, the PHRC remains dedicated to its mission. As we look ahead, we invite everyone to join us in celebrating this milestone and to continue working together to build a more inclusive and equitable Commonwealth for all.


Sincerely,


Chad Dion Lassiter, MSW

Executive Director

2024 “No Hate in Our State” report

 

The PHRC has released its 2024 “No Hate in Our State” report. The report details discrimination and hate trends seen nationally and statewide. The report also offers information about the programs and initiatives offered by the PHRC to help eliminate hate and build a community of support and understanding.

 

“In this report, you will see information about the discrimination we are seeing not only in our Commonwealth but also across the nation, Antisemitism, islamophobia, AAPI hate, LGBTQ+ hate and more are all at record levels,” said PHRC Chair Joel Bolstein, Esq. “The future can be daunting, but the mission of the PHRC remains the same, to promote equal opportunity for all and enforce Pennsylvania’s laws to protect people from unlawful discrimination.”

 

“Since 2018, the Pennsylvania Human Relations Commission has put together several reports documenting trends in discrimination and hate we see nationwide and statewide,” said PHRC Executive Director Chad Dion Lassiter MSW. “The only thing we can do to end discrimination and hate, is to open a seat at the table of our Beloved Community to everyone. When we can see a person’s humanity, see what truly ails them, we can begin a process of healing and work to build a culture of peace and understanding despite our differences. It’s the hope for a better future that can bring us together.”

 

“As the state’s civil rights leader, the Pennsylvania Human Relations Commission is committed to enforcing state laws and promoting equal opportunity,” PHRC Vice-Chair Dr. Raquel Yiengst. “Our staff works tirelessly to protect Pennsylvanians’ right to live, work, and learn free from unlawful discrimination. Anyone who faces discrimination should file a complaint with the PHRC.”

 

In 2025, the PHRC will mark 70 years since its creation. It was crafted from two pieces of legislation, the Pennsylvania Fair Employment Act of 1955 (later changed to the Pennsylvania Human Relations Act in 1997) and the Pennsylvania Fair Educational Opportunities Act of 1961. In general, Pennsylvania law prohibits discrimination based on race, color, religious creed, ancestry, age (40 and over), sex, national origin, familial status (only in housing), disability, and the use, handling, or training of support or guide animals for disability. Retaliation for filing a complaint, opposing unlawful behavior, or assisting investigations is also illegal.

English-Only Policies

Richard Olmos

HRR1, Harrisburg Regional Office

 

As a new investigator for the Pennsylvania Human Relations Commission (PHRC), I have come across a variety of cases that have been both succinct and clear, and a few that have had me double checking my processes with coworkers and with my team lead. One case that truly had me looking at it from every possible angle I could think of was an English-Only in the workplace claim. At first, I was sure that there was a clear guideline to follow and all I had to do was look it up on the Equal Employment Opportunity Commission (EEOC) website or via the PA employment guidelines. That is where the difficulties started.

 

Many states, including the Commonwealth of Pennsylvania, lack specific laws that mandates any policies for “English-Only in the workplace.” There are some rules and policies established by the EEOC that can be implemented, but only under limited constraints, and they must also follow Title VII of the Civil Rights Act of 1964, that prohibit employment discrimination based on race, color, religion, sex, or national origin.  

 

The EEOC guidelines have a clear distinction between English-Only rules that apply only at specific times, and those rules that apply at all times while at the workplace. The latter rules that require employees to always use English, constitute discrimination of national origin. Those rules are generally considered unlawful unless there is an insurmountable and compelling necessity for the business or organization.

 

English-Only rules that apply at certain times in the workday are allowed by the EEOC, but solely when the business necessity is justified, and the need falls within these exceptions:

  1. Communications with Customers, Coworkers, or Supervisors Who Only Speak English, such as a salesperson attending to English-speaking customers or a radio announcer addressing an English-speaking audience.
  2. Emergencies or Situations Requiring a Common Language for Safety, like performing surgical procedures, working on construction sites, or handling volatile materials where clear communication is critical for safety.
  3. Cooperative Work Assignments to Promote Efficiency, such as preventing employees from speaking languages other than English that exclude others from work assignments discussions.
  4. Supervision and Monitoring of Performance. For example, enabling supervisors who only speak English to effectively monitor employee performance when job duties require communication in English with coworkers or customers.

 

A business or organization contemplating an English-Only policy for the workplace should observe these needs. The implementation of the policy must be nondiscriminatory; you can not say no to one language, but allow another non-English language. If you do introduce a policy, the notification of said policy must be clearly communicated to all employees in a language they understand. The employer MUST provide justification for enacting this policy, and where/what times it applies, but allow exceptions when feasible. The English-only policy can not be implemented when employees are in non-work-related times, such as breaks. Employees have the right to use their preferred language outside of work-related contexts.


While Pennsylvania does not have specific laws governing English-only policies, there may still be local laws, ordinances, or regulations that may affect language use in the workplace. Employers may enact English-only policies under certain conditions, they must consider the legal requirements and the implications for employee rights and workplace culture. Any language related rule should be weighed for the need of English-only, balanced against the morale, inclusivity, and diversity for your workers.


In Pennsylvania, if an employee believes that an English-only policy discriminates against them based on their national origin or language ability, they have the option to file a complaint with the EEOC or the PHRC.


References

  1. U.S. Equal Employment Opportunity Commission. “Language Access Guidance.” EEOC.gov (Web).
  2. National Labor Relations Board. “Guidance on Language Policies.” NLRB.gov (Web).
  3. Bender, William N., et al. Workplace Diversity: A Manager’s Guide to Solving Problems and Turning Diversity into a Competitive Advantage. Business Expert Press, 2018 (Print).
  4. U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964.”, www.eeoc.gov/statutes/title-vii-civil-rights-act-1964. (Web)
  5. Ainsworth, James et al., “Cultural Competence in Organizations.” Encyclopedia of Diversity in Education, 2012. (Print)

 

Western District of Pennsylvania Rules that Mt. Lebanon School District Violated Parents Constitutional Rights

Keirstyn Marcucci

Assistant Chief Counsel


Earlier this year, the Western District of Pennsylvania granted a motion for summary judgment in Tatel v. Mt. Lebanon School District, et al. (Tatel v. Mt. Lebanon Sch. Dist., CV 22-837, 2024 WL 4362459 (W.D. Pa. Sept. 30, 2024)), ruling that the Defendants violated parents’ constitutional rights when a teacher discussed transgender identity with first grade students.  


Parents of students brought this action in the Western District of Pennsylvania, claiming that their constitutional rights were violated when a first-grade teacher, without providing notice or opt-outs, observed Transgender Awareness Day by reading noncurricular books and presenting gender identity topics to students. The parents asserted that their federal constitutional rights to Due Process, Free Exercise of Religion, Equal Protection and familial privacy, as well as their rights under the Pennsylvania School Code, were violated. The Parents asserted that they had sincerely held religious and moral beliefs that a person cannot change their gender in any circumstance.


This lawsuit was filed against Mt. Lebanon School District, a school district in Pittsburgh, as well as other administrators and the teacher in question. Here, the Defendants argued that parents do not have the right to notice and the ability to opt out from classroom instruction and that classroom instruction does not implicate fundamental parental liberty interests, even when the Parents’ religious beliefs are at issue. Further, Defendants noted that these beliefs were not religious, but rather political.


The Court looked at two factors when deciding this issue: 1. Whether the beliefs are religious in Plaintiffs’ subjective view of the world and 2. Whether the beliefs are sincerely held. On the first factor, the Court noted that it did not have any difficulty in concluding that a reasonable jury could find that Plaintiffs’ beliefs about the gender identity of their children are religious in nature. On the second factor, the Court noted that there is not a genuine dispute of fact about the sincerity of Plaintiffs’ beliefs. Defendants did not cite any evidence in the record from which a reasonable jury could conclude that Plaintiffs religious beliefs were not truly held.


The Court ruled in Plaintiffs’ favor on the issues of Due Process, for Plaintiffs Tatel and Melton on the count of Free Exercise of Religion, and Equal Protection Clause. The Court noted that “absent a compelling governmental interest, parents have a constitutional right to reasonable and realistic advance notice and the ability to opt their elementary-age children out of noncurricular instruction on transgender topics and to not have requirements for notice and opting out for those topics that are more stringent than those for other sensitive topics.”


While limited in scope, this ruling could have implications for school districts around Pennsylvania. This Order makes it clear that parents have a constitutional right when it comes to the topics that their children learn in school, especially when religion is involved, and that notice and opt-outs should be required.

Recognizing the Importance of Employee Mental Health

Lauren Daman

Human Resources Director


In 2025, we will see and expect a continued focus on employee well-being, mental health, and flexible work arrangements to support employees. Employees are really taking a big stand on their mental health, especially in the work force. We tend to spend most of our time working, whether it be in the physical office or working from home. It is no longer a trend for employees to focus more on their mental health and what does not work for the individual, rather it is a reality. Companies/organizations who recognize that investing in these areas for several reasons:

 

  • Return on Investment: Companies/organizations who invest $1 in mental health programs see a return of $4 in improved health and productivity.
  • Enhanced Productivity: A happy workforce is more productive.
  • Improved Retention: Supporting mental health can lead to better employee retention.
  • Increased Loyalty and Engagement: Employees who feel like their well being is prioritized tend to be more loyal and engaged.

PHRC Recent Events

On Tuesday, December 3, the PHRC met with our colleagues from the United States Department of Justice Office of Civil Rights Community Relations Services.

On Saturday, December 7, Executive Director Chad Dion Lassiter visited two local barber shops to engage in important conversations about discrimination in our community. These discussions are crucial in understanding the real-life experiences of individuals and addressing the challenges they face. Thank you to everyone who shared their stories and insights. Together, we can work towards creating a more inclusive and equitable community for all.


On Friday, December 13, the PHRC was honored to host a roundtable with Governor Shapiro's Housing Action Plan team, key housing organizations, and stakeholders to discuss housing inventory, affordability, and equity across the Commonwealth.

On Tuesday, December 17, The Harrisburg Regional Office held its holiday luncheon. The group played Holiday Bingo. Chris Young and Stephanie Chapman were the prize winners. They had a cookie tasting – Meghan Weisen was the winner with her delicious Whipper Snapper Cookies, and 7 people competed for the Ugly Sweater award. First time competitor Rick Olmos took first place and Seasoned Competitor Ian Fahnestock took 2nd place!



December 3-5, Hearing Examiners Tamara Shehadeh-Cope and Darlene Martin presented during the National Associations of Hearing Officials conference in Savannah.

On Wednesday, December 4, PHRC Director of Enforcement Adrian Garcia was celebrated during City and State PA's 2024 Impact Awards. 

On International Human Rights Day, December 10, the PHRC visited the Embassy of the Czech Republic for an hour-long tour and discussion of human rights issues not only here in Pennsylvania but around the world. This visit not only affirms our commitment to protecting the rights and freedoms of all Pennsylvanians, but it also aligns with the PHRC social justice global initiative.

On Thursday, December 12, the Adams County Advisory Council to the PHRC and the Gettysburg Human Relations Commission held a joint lunch. The lunch was an opportunity for the two groups to connect about discrimination in the area and to discuss joint outreach.

PHRC Civil Mediators Mila Pilz and Christopher Young joined host Brittany Mellinger on December 15 to discuss finding common ground through mediation during "PHRC Speaks: Fair Housing Forward," on PCNtv.

Upcoming PHRC Events

PHRC Speaks: Fair Housing Forward

New Episode: Working Together for Welcoming Communities featuring Sheryl Meck, PHRC Civil Rights Outreach Director.


Watch on PCNtv: January 5 at 3 p.m.

PHRC Virtual Diversity Speaks: Inclusion & Equality for Disabled People

Understanding Your Rights and Protections

  • Tuesday, January 28, 2025
  • 6:00-8:00 p.m.
  • Dickinson College, Stern Center Great Room, 208 Louther Street, Carlisle, PA 17013
  • Register today.

PHRC Fair Housing Empower Hour: Reasonable Accommodations & Modifications

Learn how to handle requests for changes to homes and policies so that individuals with disabilities can use & enjoy their housing.

Want to share any upcoming events? Send events to ambrothman@pa.gov.

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(717) 787-9537

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