Articles Posted in Supreme Court of Pennsylvania

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This case comes to us for a second time to determine if the Southeastern Pennsylvania Transportation Authority (SEPTA) was exempted from the jurisdiction of the City of Philadelphia (the City) via the Philadelphia Commission on Human Relations (Philadelphia Commission) and the provisions of the Philadelphia Fair Practices Ordinance (FPO). This case originated in seven administrative proceedings against SEPTA that individuals instituted with the Philadelphia Commission from July 2007 through April 2009, alleging violations of the FPO. At least two of the administrative complaints included claims of types of discrimination against which the FPO offers protection, but that the Pennsylvania Human Relations Act (PHRA) did not cover. The Pennsylvania Supreme Court previously remanded this case to the Commonwealth Court to ascertain the legislative intent regarding this issue by employing the analysis set forth in “Dep‘t of Gen. Serv. v. Ogontz Area Neighbors Ass‘n,” (483 A.2d 448 (Pa. 1984)). On remand, the Commonwealth Court determined that, applying the Ogontz test, the language and statutory scheme of the relevant statutes revealed the legislature‘s intent to exempt SEPTA from actions brought under the FPO. The Supreme Court found the Commonwealth Court did not err in its determination that, under the first prong of the Ogontz analysis, the statutory language and legislative scheme of the enabling legislation disclosed the legislature‘s intent to exclude SEPTA from the jurisdiction of the FPO. The order of the Commonwealth Court was therefore affirmed. View "SEPTA v. City of Philadelphia" on Justia Law