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Keywords

discrimination

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Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 4 Pa.Cmwlth. 448, 287 A.2d 161, 4 Fair Empl.Prac.Cas. (BNA) 325, 4 Empl. Prac. Dec. P 7732

Facts

This case arose from a complaint filed by the National Organization for Women (N.O.W.) against the Pittsburgh Press, alleging violations of the Human Relations Ordinance due to discriminatory employment advertising practices. The Commission found that the newspaper's practice of segregating job advertisements by gender was discriminatory, particularly when jobs did not have bona fide occupational qualifications. The court affirmed the Commission's order, which mandated the removal of gender references in classified ads.

Issue

Did the Pittsburgh Press violate the Human Relations Ordinance by allowing gender-based classifications in its employment advertisements?

Did the Pittsburgh Press violate the Human Relations Ordinance by allowing gender-based classifications in its employment advertisements?

Rule

The Human Relations Ordinance prohibits any employment practice that discriminates based on sex, race, color, religion, ancestry, national origin, or place of birth. It is unlawful for any person to aid or participate in discriminatory practices, and the ordinance allows for certain exemptions only when bona fide occupational qualifications are established.

Analysis

The court analyzed whether the Pittsburgh Press's use of gender-specific headings in job advertisements constituted discrimination under the Human Relations Ordinance. It concluded that the newspaper's disclaimer did not absolve it from responsibility for the discriminatory effects of its advertising practices. The evidence presented showed that the newspaper's practices contributed to systemic discrimination against women in employment opportunities.

Conclusion

The court affirmed the Commission's order, concluding that the Pittsburgh Press's advertising practices violated the Human Relations Ordinance by perpetuating gender discrimination.

Who won?

The prevailing party in this case was the Pittsburgh Commission on Human Relations, which successfully argued that the Pittsburgh Press's employment advertising practices were discriminatory. The court upheld the Commission's findings and order, emphasizing the importance of eliminating gender-based discrimination in job advertisements to ensure equal employment opportunities for all individuals, regardless of sex.

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