Pennsylvania

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Know the laws in your state that protect LBGT people and people living with HIV.

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Lambda Legal Urges Pine-Richland School District to Maintain Safe and Affirming Bathroom Policy

“The transgender students we represent should have a safe and affirming educational experience. Any policy that sends a message to other students that it’s okay to demean transgender students is discriminatory.” Learn More

Workplace

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Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

See Executive Order No. 2003-10 (7/28/2003).

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

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Does the state explicitly ban transgender exclusions in health insurance?

Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?

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Does Pennsylvania have an HIV criminalization law?

NO, Pennsylvania does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.

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Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in Pennsylvania in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Pennsylvania.

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Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

YES, Pennsylvania also has laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, despite the fact that none of these activities presents any real risk of HIV transmission. In Pennsylvania, these laws only apply in the correctional setting.

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Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

YES, Pennsylvania also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Pennsylvania, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.