PREEMPTION - PENNSYLVANIA

Southeastern Pennsylvania Transportation Authority v. City of Philadelphia

Supreme Court of Pennsylvania - April 26, 2017 - A.3d - 2017 WL 1489043

Southeastern Pennsylvania Transportation Authority (SEPTA) brought action against city and city commission on human relations, seeking injunctive and declaratory relief, alleging that commission was prohibited from exercising jurisdiction over SEPTA under city’s fair practices ordinance.

The Court of Common Pleas sustained city and commission’s preliminary objections. SEPTA appealed. The Commonwealth Court reversed. City and commission appealed. The Supreme Court vacated and remanded. The Commonwealth Court reversed. City and commission appealed.

The Supreme Court of Pennsylvania held that SEPTA was exempt from provisions of city’s fair practices ordinance.

State Human Relations Commission had exclusive jurisdiction over Commonwealth agencies in anti-discrimination matters.



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