Pennsylvania Governor Tom Wolf yesterday signed two executive orders (EOs) that prohibit discrimination against employees of the Commonwealth as well as Commonwealth contractors and grantees on the basis of sexual orientation and gender identity or expression.
EO 2016-04 is intended to expand protections for the Commonwealth's employees and contractors by prohibiting discrimination and harassment on the basis of sexual orientation and gender identity or expression. In the Order, Governor Wolf charges the Secretary of Administration with implementing its directives, including developing Commonwealth-wide equal employment opportunity policies, procedures, and training; conducting periodic on-site reviews and audits of agency equal employment opportunity programs, and promulgating a complaint procedure. EO 2016-04 expands upon the protections first set forth in EO 2003-10, which protected Commonwealth employees from discrimination based on sexual orientation and gender identity or expression, as well as race, color, religious creed, ancestry, union membership, age, gender, national origin, AIDS or HIV status, or disability.
EO 2016-05 prohibits discrimination by reason of sexual orientation, or gender identity or expression (as well as race, gender, creed, color) with respect to the award, selection, or performance of any contracts or grants issued by the Commonwealth. Specifically, the Order prohibits such discrimination in the award of Commonwealth contracts and grants and by those who are awarded Commonwealth contracts and grants in the hiring and treatment of their employees and subcontractors. EO2016-05 further mandates that the Department of General Services implement the Order's directives, including developing standards for a uniform statewide contract compliance program that ensure nondiscrimination; developing and implementing monitoring and reporting systems to measure effectiveness; and requiring contractors and grantees to agree, as a condition in their contracts or agreements, not to discriminate in the award of subcontracts or in hiring, promoting, or other labor matters on the bases identified above. It rescinds and replaces EO 2006-02, which prohibited discrimination on the basis of gender, race, creed, or color.
EOs2016-04 and 2016-05 define "sexual orientation" as "heterosexuality, homosexuality, or bisexuality." In addition, both define "gender identity or expression" as "the gender-related identity, appearance, mannerisms, expression or other gender-related characteristics of an individual regardless of the individual's designated sex at birth." Both Orders take effect immediately.
Governor Wolf commented that he issued the EOs at this time because the legislature has not done enough to advance its Pennsylvania Fairness Act, an act that would amend the Pennsylvania Human Relations Act (PHRA) to ban discrimination on the basis of sexual orientation or gender identity or expression. The PHRA currently protects employees throughout Pennsylvania against discrimination on the basis of race, color, religion, ancestry, age, sex, national origin, and disability.
