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Commission supports explicit medical nondiscrimination language to protect gender identity and expression
Summary
The Commission on Human Relations presented a proposed code amendment to clarify that providers may not withhold elective medical treatment because of a patient's gender identity or expression; the LGBTQIA+ Commission voted to support the proposal.
The City of Pittsburgh Commission on Human Relations (CHR) presented June 20 a proposed amendment to the city’s public-accommodations code to explicitly prohibit medical providers from refusing or withholding elective medical treatment because of a person’s gender identity or expression.
“...it will explicitly keep anyone in the medical field within the city of Pittsburgh limits from discriminating against someone for … withholding or denying any person an elective medical treatment that would otherwise be provided to someone but for their gender identity or expression,” Rachel of CHR said during the presentation.
Nut graf: CHR staff said gender identity and expression are already protected under the city’s public-accommodations code but that the amendment would make protections clearer to the public and enforceable under CHR’s discrimination-investigation procedures.
How CHR enforcement works: Rachel summarized CHR’s complaint process: individuals file an intake, CHR determines whether the allegation falls within its jurisdiction (incident in the city within the last 365 days and tied to a protected status), serves a complaint on the respondent, and conducts a formal investigation. “If we do find that folks have discriminated, then … we have the ability to force a conciliation process,” she said. If conciliation fails, CHR can hold a public hearing and may issue an order enforceable in court.
Limitations and special cases: Commissioners asked about religious exemptions and denials by large health systems. CHR staff said religious-exemption claims would be evaluated case by case and must show a legitimate nondiscriminatory business reason. On large systems such as UPMC, CHR staff said the commission cannot compel the hospital to provide services if the system has closed a department due to federal funding conditions, but CHR can investigate individual denials and pursue commission-initiated enforcement if there is a pattern.
Commission action: The LGBTQIA+ Commission voted to draft a statement of support for CHR’s proposed amendment and to encourage members to attend the council press event tied to the package of bills. The vote was recorded as in favor by voice and noted as passed.
