SEPTA is not subject to a local anti-discrimination ordinance.

The Southeastern Pennsylvania Transportation Authority (SEPTA) sought a declaratory judgment that, as a Commonwealth agency, it is not subject to the City of Philadelphia’s anti-discrimination ordinance, but only to the provisions of the Pennsylvania Human Relations. The defendants, the City and the Philadelphia Commission on Human Relations (Philadelphia Commission), moved to dismiss the complaint, and the Court of Common Pleas of Philadelphia County sustained their preliminary objections, dismissing the declaratory action. Upon appeal, the Pennsylvania Commonwealth Court reversed the lower court’s decision. The Pennsylvania Supreme Court vacated the appellate court’s order and remanded the matter to the appellate court to do additional analysis as to the legislature’s intent.

Upon conducting the legislative intent analysis announced in Department of General Services v. Ogontz Area Neighbors Association, 505 Pa. 614, 483 A.2d 448 (1984), to determine when a state agency may be regulated by a local agency, the court found that, although SEPTA was subject to the provisions of the Pennsylvania Human Relations Act because the legislature “specifically” waived its immunity by statute, it was not subject to any local anti-discrimination ordinance because the legislature failed to “specifically” waive immunity pursuant to statute. Accordingly, as the legislature did not intend SEPTA to be subject to a local anti-discrimination ordinance, no such ordinance applies to SEPTA.

_{Case Law Alerts, 4^th Quarter, October 2015}

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