Commission has challenging past

By Timothy Cwiek
PGN Writer-at-Large
© 2008 Philadelphia Gay News

When Mayor Nutter said he wants the Philadelphia Commission on Human Relations to be the best of its kind in the country, he also expressed confidence that this goal will be accomplished — praising its staff as dedicated, hardworking individuals.

Nevertheless, many perceive the PCHR as a lackluster city agency, not particularly skillful in ferreting out discrimination in housing, employment and public accommodations.

This perception can be devastating to members of the LGBT community, who depend on the agency as their last resort to combat anti-LGBT bias as state and federal agencies lack jurisdiction.

The accuracy of this perception is anyone’s guess, since most of the commission’s internal operations are shrouded in secrecy due to privacy considerations for complainants and respondents.

Statistics released by the commission can offer some clues, but no definite conclusions.

Since 1982, when the city enacted a gay-rights ordinance, the commission has investigated 422 LGBT-related bias cases, according to PCHR records.

Of those cases, probable-cause findings were rendered in two employment complaints involving antigay bias and one housing case involving antigay bias.

A probable-cause finding means that the PCHR staff, in conjunction with the city Law Department, determined that discrimination probably occurred due to an illegal bias.

Ultimately, the employment cases were settled privately, but Donald Sheppard, the complainant in the housing case, reported continued harassment and death threats from neighbors.

The vast majority of the cases — more than 99 percent — were dismissed without any probable-cause finding that discrimination took place.

But PCHR officials are quick to point out that no conclusions can be drawn from those stats, because a significant number of LGBT cases have been settled privately to the satisfaction of both parties.

Details of those settlements aren’t available to the public, nor is an approximate number of those settlements, but some have involved significant financial pay-outs, according to PCHR staffers.

Agency officials stress that thorough investigations are conducted on all complaints accepted by the PCHR, after an intake session establishes a “prima-facie” case of discrimination.

If a bias charge isn’t substantiated, it’s not due to staff incompetence or disinterest. And even if a case is dismissed, PCHR can still intervene by suggesting counseling for suspected discriminators, said staffers.

They also noted that bias cases can be very difficult to substantiate, especially if a respondent is lying or distorting the evidence.

Over the years, PGN has received numerous concerns from disgruntled LGBT complainants convinced that the PCHR failed to adequately investigate their cases.

But PCHR staffers counter that disgruntled complainants can hardly be considered objective, detached observers of the process.

In recent years, the PCHR reportedly has been plagued by a distant, aloof relationship with the Law Department, which is supposed to work closely with the PCHR on questions of jurisdiction and probable-cause findings.

One LGBT-related employment complaint has been languishing in limbo for almost a year as the Law Department determines whether the PCHR has jurisdiction to investigate, as it involves the Archdiocese of Philadelphia.

This week, Nutter declined to comment on any past problems of the commission, but he said its current relationship with the Law Department is fine.

“There is no issue here,” he told PGN. “We all get along well together.”

The PCHR also has been faulted for failing to exhibit leadership on blatant examples of anti-LGBT bias, such as the local Boy Scouts dispute, where it could have held a public hearing on the matter.

Nutter, however, declined to fault the PCHR for lack of intervention in the Scouts dispute, noting that the matter has been deferred to the Law Department, where eviction proceedings are ensuing.

In the 1990s, also upon the advice of the Law Department, the PCHR declined to rule in favor of Phil Marra, a gay school teacher who wanted domestic-partnership benefits from his then-employer, the School District of Philadelphia.

However, supporters of the PCHR said the agency has taken an active role in handling several inter-group conflicts involving LBGT residents and visitors, with mixed results.

State Rep. Babette Josephs (D-Phila.) shares Nutter’s optimism that the reconstituted PCHR will be an effective city agency. She said she’s never received a complaint about the agency from a constituent.

“If the public demands professionalism from the agency, I’m fully confident that they’ll get that back in full measure,” Josephs said. “It’s helpful to learn from the past, but we shouldn’t dwell on it. Looking forward, I’m very optimistic that the agency will continue to fulfill its mission.”

Timothy Cwiek can be reached at (215) 625-8501 ext. 208.