Resignations & An Investigation: What’s Next For The State Human Relations Commission?

By Whitney Downard | Pennsylvania Capital-Star

For 70 years, the Pennsylvania Human Relations Commission has enforced civil rights throughout the commonwealth.

It started with the Fair Employment Practice Act of 1955 and the Fair Educational Opportunities Act of 1961. The agency catalogs and responds to thousands of complaints related discrimination on the basis of age, race, sex, disability and more each year.

But in a matter of weeks, the number of PHMC commissioners fell from seven to five, below the six required for a quorum, and the body’s executive director signaled he would leave in June. 

In the most recent commissioner resignation, the announcement states that the lack of quorum, “could delay or halt the Commission’s ability to advance specific guidance … hear cases; and deliver justice to the people it serves.”

No new appointments have been made since 2018, under former Gov. Tom Wolf, with the confirmation of attorney Aleena Sorathia. Two years later, the number of commissioners dropped from 11 to nine. The first annual report under Gov. Josh Shapiro in 2022 lists seven members after one became a judge and another joined the Biden administration.

The governor’s office declined to respond to questions about why Shapiro hasn’t made any appointments, nor did it say if he planned to appoint any members in the near future.

Under the law, eight commissioners can call for an investigation into racial discrimination even if no complaints have been filed — a power they haven’t had since the resignations that occurred around the time Shapiro took office due to low numbers.

Executive Director Chad Dion Lassiter made headlines when he announced he would resign in June while the Governor’s Office reviews agency purchases. Lassiter said he didn’t know why no new appointments have been made, but ultimately declined to discuss the commission’s future with the Capital-Star in an interview. 

“I do know that from 2019 until now, they were and are a dedicated cohort of human being dedicated to the people of the Commonwealth and to the mission of the PHRC,” Lassiter said in an email. “I’m sure that replacements will emerge when they do and that aspect of things will be strengthened.”

In an opinion published with PennLive, Lassiter said he left the agency “stronger than I found it,” detailing the elimination of a historical case backlog and modernized case management system during his eight years with the agency.

“As I step away from this role, I do so in the faith that God is preparing me for my next assignment. But the divine assignment with the PHRC will remain a special chapter in my life and in the life of my family,” wrote Lassiter. “To the PHRC staff, you are the heartbeat of this commission. May God bless you in this next chapter of fighting for justice for the people of the commonwealth.”

More about the office

Though more than 100 other employees work for the PHRC, the commissioners are the ones tasked with investigating allegations, holding hearings, issuing subpoenas for witnesses and taking testimony. 

The body may even rule that an entity violated state law, such as a case where a court upheld a commission finding about a Reading Housing Authority denying a reasonable accommodation for a disabled tenant. That woman is set to receive $20,000 after the housing authority denied her accessible parking — though the defendant disputes that finding.

The agency also offers remediation to companies, landlords and others accused of discrimination.

Before any case alleging discrimination can be filed in court, attorneys must get the nod from the commission or its federal counterpart, the Equal Employment Opportunity Commission (EEOC).

Deirdre Kamber Todd, a former employment and civil rights attorney for over two decades with experience in both Pennsylvania and New York, said she’s practiced in front of the EEOC and state human rights commissions in both states. 

In her experience, cases may be filed with the EEOC, the PHRC or both, depending on the circumstances. With an allegation of age discrimination, for example, federal law requires that a business have at least 20 employees to be sued — compared to just four under commonwealth law.

“It really is important that we have an active PHRC to enforce the law,” said Kamber Todd. 

One key distinction is personal liability. Kamber Todd noted that state law would allow a victim of sexual harassment at work to sue the perpetrator directly as well as the company, while the EEOC only allows for action against the entire company and the perpetrator is shielded from liability.

Former EEOC employees claim that the federal agency has become a hostile workplace under the Trump administration, pushing out transgender employees and halting complaint processing for LBGTQ+ discrimination complaints. Other reporting details the current chair’s opposition to Diversity, Equity and Inclusion (DEI) policies, which former commissioners have tried to counter.

“If you can’t go to the EEOC, and you can’t go to the PHRC, where do you go?” Kamber Todd asked. “We can’t afford to not have the PHRC in operational order.”

While she no longer practices law, she’s running as a Democrat against incumbent state Rep. Zachary Mako (R-Northampton) in November’s election.

Next steps for PHRC?

If Shapiro makes any commission appointments, each must be confirmed by the state Senate. But a new executive director requires no confirmation.

Sen. Kristin Phillips-Hill (R-York), shortly after the news of Lassiter’s departure, filed a memo about a forthcoming bill to change that while also prohibiting the executive director from weighing in on cases before the commission.

“He’s supposed to be an independent, impartial and unbiased individual in this process, and what we saw him doing was being an advocate instead,” Phillips-Hill told the Capital-Star about Lassiter. “To me, a core function of what an executive director does is manage the finances of that organization … I want to make sure that the executive director is focused on the core function of the job.” 

Phillips-Hill also weighed whether more oversight was needed as the governor’s office investigates spending, which the Philadelphia Inquirer tied to a dispute over $20,000 in taxpayer dollars set aside to purchase tables at a local NAACP gala. The newspaper reports that the money wasn’t paid “after concerns were raised.”

Despite serving in the Senate since January of 2019, Phillips-Hill noted she’s never confirmed a commission member. Each commissioner is confirmed for a five-year term “or until his successor shall have been duly appointed and qualified,” by law. Additionally, a maximum of six members may be from the same party.

The latest member’s five-year term expired in 2023, Phillips-Hill said.

“You sit there and you say, ‘What is going on here and what can we do to make this entity work appropriately?’” Phillips-Hill continued. 

Other legislation would extend the period of time a Pennsylvanian can take to file a complaint from 180 days to a full year for housing discrimination complaints, mirroring the federal standard. But decisions by the commission aren’t always popular.

In a general statement about “recent developments” at the agency, the Pennsylvania Legislative Black Caucus emphasized its support, saying its mission “extends beyond any single individual.”

“In moments of transition and heightened public attention, it is critical that we remain focused on the core mission of protecting civil rights for all,” said state Rep. Napoleon Nelson (D-Montgomery), who chairs the caucus. “The work of the commission is essential, and it must continue without disruption.”

“Together, we must ensure that Pennsylvania remains a place where fairness, opportunity and justice are not ideals, but realities for every resident,” he continued.

The next meeting of the PHRC is scheduled for Monday, April 27 in Philadelphia.

Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com.