HARRISBURG, Pa. — Despite perceived wins for equality not only in recent years but dating back to Obergefell v. Hodges for marriage equality, LGBTQ advocates say the fight for equality continues.
One particular fight involves non-discrimination.
"A lot of people think it's a law already," said Henry Sias, the executive director of the Governor's Commission on LGBTQ Affairs.
There is no explicit statewide protection for LGBTQ non-discrimination in Pennsylvania. However, the Pennsylvania Human Relations Commission (PHRC), using guidance from Clayton V. Bostock as well as Executive Order 13988, does investigate discrimination claims related to sexual orientation and gender identity, based on sex.
"We determined we would need to look at these cases on a case-by-case basis in order to protect people," Adrian Garcia, the director of fair housing and commercial property for the PHRC, said. "We believe that would be discrimination on the basis of sex."
The PHRC, the Governor's Commission on LGBTQ+ Affairs and the Pennsylvania Youth Congress reportedly receive calls for help in discrimination cases nearly every day.
Garcia recalled one particularly nasty story.
"The landlord actually spread rumors to the neighbors in the multi-family unit. Every time they walked in they were cat-called, harassed, called names. It was an impossible situation," Garcia said.
"We still get calls from people facing harassment in the workplace, discrimination in finding apartments," recounted Jason Landau Goodman, board chair of the PA Youth Congress. "These issues are persistent until we get a state law passed."
That state law advocates want to be passed is the Pa. Fairness Act. Proponents say it would codify sexual orientation and gender identity as a protected class into state law, like religion, race or sex.
"To be rendered jobless or kicked out of their apartments because of something is intrinsic to who they are, it's not compatible with a fair and ordered society," Sias said.
More than 70 municipalities have taken the extra step in adopting non-discrimination ordinances to overlap potential interpretations of state law.
Officials say local non-discrimination ordinances give Pennsylvanians comfort, while also filling a gap in knowledge about potential state help.
"Is it rampant [discrimination]? I believe it is," Garcia said. "I believe because there hasn't been protections in the past, people don't know they can file."
And the filing process, while attempted to be limited to 100 days, still can be a trying process.
"Retaliation is real. Landlords retaliate in many cases, even though the law has prohibitions against that," Garcia said.
The investigation begins after a complaint with a notification sent to the landlord that they're being investigated. Garcia said that's when the retaliation often occurs in those examples.
"It's usually, 'I'm not renewing your lease. I'm selling the building.' There's a rent increase. Not responding to maintenance requests when asked," Garcia said.
And for many, local and statewide protections mean simply being treated like every other member of their respective communities.
"LGBTQ people are just regular people who are getting up in the morning, just trying to make things a little bit better every day," Sias said. "People who contribute to our communities deserve to be treated fairly."
As of June 1, the Pa. Fairness Act's debate continues. For information on statewide discrimination, how to file and more, visit the PHRC's website.