City Files Brief in Support of State Human Relations Commission Regarding Chestnut Hill College

(Philadelphia, November 18, 2016) – The City of Philadelphia today filed a “friend of the court” brief in support the Pennsylvania Human Relations Commission (PHRC) in an ongoing lawsuit between the Commission and Chestnut Hill College.

On May 6, 2016, the Pennsylvania Human Relations Commission issued an order stating that Chestnut Hill College was subject to its jurisdiction to hear a complaint of race discrimination. Chestnut Hill College later filed suit in Commonwealth Court, challenging the jurisdiction of the PHRC.

The “Amicus Curiae” brief was filed today by the Philadelphia Law Department on behalf of the Philadelphia Commission on Human Relations, and in support of the Pennsylvania HRC. The filing argues that Chestnut Hill College is a public accommodation, and so should be subject to the same laws that other institutions that serve college students and the Philadelphia community — both public and private — must follow, including submitting to the jurisdiction of the PHRC.

“The jurisdiction of the Pennsylvania Human Relations Commission does not, in any way, interfere with the College’s religious freedom,” said Solicitor Sozi Pedro Tulante. “We are pleased to file in support of the Commission in this very important case.  Discrimination has no place in our institutions of higher learning, nor does it have any place in Philadelphia.”

Chestnut Hill College specifically promotes itself as a college that follows the Philadelphia’s Fair Practices Ordinance.  The brief argues that any institution making a public claim that it follows the Ordinance should be subject to the jurisdiction of the Philadelphia Commission on Human Relations.  Similarly, the brief also points out that where Chestnut Hill College has conceded it is subject to federal anti-discrimination laws, it is illogical for the College to now claim that submitting to the Commonwealth’s jurisdiction unreasonably burdens its religious rights.  Remedying race discrimination is a goal that applies to all levels of government, the City contends.

“When entities like Chestnut Hill College try to create legal obstacles to shield themselves from liability from discrimination, the Philadelphia Commission on Human Relations is compelled to act,” said Rue Landau, Executive Director of the PCHR.  “We have just entered a time of increased racism and other acts of hate on college campuses.  Colleges should be working collaboratively with us to root out racism, not creating legal obstacles to avoid liability.”

The amicus brief follows passage of a resolution in City Council last month condemning Chestnut Hill College for challenging the jurisdiction of the PHRC.

“I applaud the City’s role in upholding civil rights for us all,” said at-large Council member Helen Gym, sponsor of the resolution. “Chestnut Hill College’s lawsuit would undermine the civil rights of students and higher education employees across the Commonwealth. We are calling on Chestnut Hill College, an institution that accepts public funding for its students, to live up to its own stated ideals of building a loving, inclusive community.”

“I feel very strongly that challenging the PHRC’s jurisdiction stands diametrically opposed to Chestnut Hill College’s stated mission, in addition to setting a dangerous precedent,” said 8^th District Councilwoman Cindy Bass, a co-sponsor of the resolution. “I fully support the City’s brief and look forward to an ongoing dialogue to try to find ways to bring about a positive outcome that acknowledges that racial discrimination still exists.”

This filing is the part of the Law Department’s effort to submit amicus briefs in cases where the City’s public policy is implicated. Solicitor Tulante believes that such filings are a vital tool in representing the interests of all Philadelphians in matters that come before the courts.