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38 Alb. L. Rev. 847 (1973-1974)
Discrimination in Classified Advertising - Pittsburgh Press Company v. Pittsburgh Commission on Human Relations

handle is hein.journals/albany38 and id is 857 raw text is: Notes DISCRIMINATION IN CLASSIFIED ADVERTISING- PITTSBURGH PRESS COMPANY V. PITTSBURGH C OMMISSION ON HUMAN RELATIONS In June 1973 the Supreme Court upheld a municipal human relations ordinance which prohibited newspapers from publishing sex-segregated want ads for non-exempt job opportunities.' The case, Pittsburgh Press Company v. Pittsburgh Commission on Human Relations,2 marks the first Supreme Court decision which condones changing the organizational lay- out of a newspaper. This paper traces the travels of the case through the court system, analyzing its major issues and the changes in focus of each journey into a higher court. It considers only the dominant constitutional issues in- volved, for, although the parties and amicus curiae briefs raised subsidiary issues, to deal'with all of them would be more confusing than enlighten- ing. COMMISSION ON HUMAN RELATIONS In October 1969 the National Organization of Women (hereinafter NOW) filed a complaint with the Commission on Human Relations for the City of Pittsburgh (hereinafter Commission) charging the Pittsburgh Press (hereinafter the Press) with violating the Human Relations Ordinance of the City of Pittsburgh (hereinafter Ordinance).' The complaint charged the newspaper with a deliberate and constant discriminatory practice of allowing employers to place advertisements under Help-Wanted Female and Help-Wanted Male columns although sex was not a bona fide occu- pational requirement (hereinafter BFOQ). I PITTSBURGH, PA., HUMAN RELATIONS ORDINANCE No. 75 (1967) as amended by HUMAN RELATIONS ORDINANCE No. 395 (1969). 2 93 S. Ct. 2553 (1973). 3 PITTSBURGH, PA., HUMAN RELATIONS ORDINANCE No. 75 (1967) as amended. Sec- tion 8(j) makes it an unlawful employment practice [fIor any person, whether an employer, employment agency or labor organization, to aid, incite, compel, coerce or participate in the doing of any act declared to be an unlawful employment practice by this ordinance, or to obstruct or prevent any person from enforcing or complying with the provisions of this ordinance or any rule, regulation, or order of the Commission, or to attempt directly or indirectly to commit any act declared by this ordi- nance to be unlawful employment practice.

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