Members of Action Together NEPA gather outside of Popeye’s in Wilkes-Barre Township on Wednesday.
Margaret Roarty | Times Leader
Supporters rally for LGBTQ+ protections outside WB Township Popeyes
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WILKES-BARRE — Members of nonprofit group Action Together NEPA gathered outside of the Popeye’s fast food restaurant Wednesday to show support for the Pennsylvania Human Rights Commission’s decision to fine the restaurant nearly $50,000 for firing an employee who claimed he was sexually harassed and terminated due to his sexual orientation.
They also called for expanding legal protections for LGBTQ+ people across the state, including passage of a bill designed to grant nondiscrimination protections for LGBTQ+ residents statewide.
“Currently, local ordinances only cover about 30% percent of Pennsylvanians,” said Levi Larouche, community organizer for Action Together. “That is not nearly enough.”
There are 2,560 municipalities statewide. Of the 73 municipalities in the Commonwealth that have passed LGBTQ inclusive, nondiscrimination ordinances.
In Luzerne County, only the cities of Wilkes-Barre and Pittston have done so.
Commission: Employee harassed, fired
The Human Rights Commission ordered Wilkes-Barre Chicken LLC to pay $48,839.58 in damages to former employee Kyle Rodin. As a result of not responding to the complaint filed against them, the commission found that the company failed to provide Rodin with a workplace free from sexual harassment based on his sex or sexual orientation between September 2020 and February 2021.
In addition, the commission determined that Rodin was fired on Feb. 4, 2021, because of his sex and sexual orientation and in retaliation for opposing the harassment.
A public hearing was held on April 6, after the company failed to respond to the initial complaint. Although they were notified, representatives for the business did not attend the hearing.
The commission subsequently ordered the business to cease and desist from terminating employees because of their sex and sexual orientation and pay Rodin the lump sum $48,840 within 45 days. The business also is required to report to the commission within 30 days on how it will comply with the order.
A member of the Popeye’s management team, who declined to be identified, offered no comment on the protest activity taking place outside the restaurant.
About a dozen at rally
The rally was attended by a small group of about a dozen people and organized by Action Together NEPA, a nonprofit with several chapters throughout the Commonwealth, focusing on community action and supporting progressive policies.
While Action Together applauded the decision of the commission, Mark Shaffer, co-coordinator for Luzerne County, was quick to point out that Pennsylvania doesn’t currently have a statewide law that explicitly prohibits denying someone a job, housing or service because they are LGBTQ+.
The PHRC enforces state laws that prohibit discrimination, including the Pennsylvania Human Relations Act (PHRA), which does not explicitly prohibit discrimination based sexual orientation and gender identity or expression.
Shaffer explained that because of this, it’s all up to how the PHRC interpreters the law and that that interpretation can always change depending on who is on the commission.
“Whoever appointed the last guy, determines what the law means — so until you pass a law that says, ‘No, you can’t do this’, it can go away at any moment,” said Shaffer.
“If Roe v. Wade can go away after 50 years, the interpretation of a commission can go away,” he added.
Support for Fairness Act
During the rally, protesters chanted in support of the Fairness Act, which seeks to amend the PHRA and grant nondiscrimination protections for LGBTQ+ residents statewide.
The Fairness Act was passed by the state’s Democratic-majority House of Representatives back in May, but faces a future vote from the Republican-majority senate.
“We need to be reaching out to our senators,” Action Together’s Larouche said. “The senate is always going to be the harder place to get this passed, but we have the full support of our governor and clearly we have the support of the House.”
Because there’s no guarantee that the Senate will pass the Fairness Act, Larouche said that it’s important to stand up for an protect the rights of those in the community they live in.
“We’re going to do the fighting that we can on the local level, try to get Luzerne County as a whole on board with protecting minorities, but ultimately all Pennsylvanians deserve these rights,” Larouche said.
EDITOR’S NOTE: This story was corrected to reflect the fact that the restaurant is located in the City of Wilkes-Barre.
