FULTON et al v. CITY OF PHILADELPHIA et al

Filing 1

COMPLAINT against CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS ( Filing fee $ 400 receipt number 178509.), filed by TONI LYNN SIMMS-BUSCH, SHARONELL FULTON, CECELIA PAUL, CATHOLIC SOCIAL SERVICES. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(jwl, )

Exhibit B

City of Philadelphia

Council of the City of Philadelphia
Office of the Chief Clerk
Room 402, City Hall
Philadelphia
(Resolution No. 180252)
RESOLUTION
Authorizing the Committee on Public Health and Human Services to investigate
Department of Human Services’ policies on contracting with social services agencies that
either discriminate against prospective LGBTQ foster parents or allow non-LGBTQ
foster parents to discriminate.

WHEREAS, Currently, approximately 700 children in Philadelphia are residing in group
home placements, and according to the Philadelphia School Notebook more than 8,000
children were in foster care at some point during 2016; and
WHEREAS, In March 2018 the Department of Human Services announced its first major
recruitment of foster parents in more than a decade—putting out an urgent call for 300
parents which included specific appeals to the LGBTQ community—to help move
children from group homes into family settings; and
WHEREAS, The Department of Human Services currently has contracts with several
social service providers for foster care placement and adoption services which were
collectively reimbursed by the City for $3 million in 2017; and
WHEREAS, According to Section 14.1 of the City of Philadelphia Professional Services
Contract, providers “shall not discriminate or permit discrimination against any
individual because of race, color, religion, ancestry or national original, sex, gender
identity, sexual orientation, age or disability”; and
WHEREAS, At least two of these providers have policies that prohibit the placement of
children with LGBTQ people based on religious principles, although the City of
Philadelphia has laws in place to protect its people from discrimination that occurs under
the guise of religious freedom; and
WHEREAS, The Fair Practices Ordinance is the City’s local anti-discrimination law,
enacted in 1963 to prohibit discrimination in Philadelphia in employment, housing, and

City of Philadelphia

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City of Philadelphia
RESOLUTION NO. 180252 continued

places of public accommodation in addition to covering over 16 protected categories such
as race, religion, national origin, age, sex, disability, sexual orientation, and gender
identity; and
WHEREAS, Any agency which violates City contract rules in addition to the Fair
Practices Ordinance should have their contract with the City terminated with all
deliberate speed; and
WHEREAS, The Department should also conduct a thorough review of its contracts with
all of its 26 foster care agencies to ensure that providers are adhering to antidiscrimination policies as they pertain to the City’s protected classes, now, therefore, be it
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That it hereby
authorizes the Committee on Public Health and Human Services to investigate
Department of Human Services’ policies on contracting with social services agencies that
either discriminate against prospective LGBTQ foster parents and allow non-LGBTQ
foster parents to discriminate against children.

City of Philadelphia

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City of Philadelphia
RESOLUTION NO. 180252 continued

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RESOLUTION NO. 180252 continued

CERTIFICATION: This is a true and correct copy of the original Resolution,
Adopted by the Council of the City of Philadelphia on the fifteenth of March,
2018.

Darrell L. Clarke
PRESIDENT OF THE COUNCIL

Michael A. Decker
CHIEF CLERK OF THE COUNCIL

Introduced by:

Councilmembers Bass, Green, Gym and Parker

Sponsored by:

Councilmembers Bass, Green, Gym, Parker, Reynolds Brown,
Jones, Blackwell, Greenlee, Squilla, Oh and Johnson

City of Philadelphia

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