International Ladies' Garment Workers' Union v. Human Relations Commission

417 A.2d 1279, 53 Pa. Commw. 229, 1980 Pa. Commw. LEXIS 1640, 23 Empl. Prac. Dec. (CCH) 31,170, 30 Fair Empl. Prac. Cas. (BNA) 1739
CourtCommonwealth Court of Pennsylvania
DecidedJuly 24, 1980
DocketAppeal, No. 1485 C.D. 1979
StatusPublished
Cited by5 cases

This text of 417 A.2d 1279 (International Ladies' Garment Workers' Union v. Human Relations Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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International Ladies' Garment Workers' Union v. Human Relations Commission, 417 A.2d 1279, 53 Pa. Commw. 229, 1980 Pa. Commw. LEXIS 1640, 23 Empl. Prac. Dec. (CCH) 31,170, 30 Fair Empl. Prac. Cas. (BNA) 1739 (Pa. Ct. App. 1980).

Opinion

Opinion by

Judge Mencer,

The International Ladies’ Garment Workers’ Union, Local Union No. 111 (Union) appeals from an order of the Court of Common Pleas of Lehigh County, which affirmed an order of the Allentown Human Relations Commission (Commission). We reverse.

On June 28, 1977, Debra Werner and Alice Peters filed complaints with the Commission,1 alleging that they were pregnant and that the Union’s health and welfare plan, which did not treat pregnancy claims the same as other disabilities, discriminated against them because of their sex. After several hearings, the Commission concluded that the Union had violated the Commission’s ordinance prohibiting sex discrimination. The lower court agreed and this appeal followed.

The Union argues that Section 514 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1144, expressly preempts the Commission’s regulation of the Union’s benefit plan and that, therefore, the Commission was without jurisdiction to decide the matter.2 The Commission, while recognizing ERISA’s broad preemption, nevertheless argues that ERISA was not intended to preempt state fair employment laws.

We recognize that there is a split of authority among those courts which have addressed this issue.3 [232]*232Although our Superior Court has recently determined that ERISA does not preempt state fair employment laws,4 we must conclude, after careful reflection, that the reasoning of those courts advocating preemption are more persuasive.

Section 514(a) of ERISA expressly provides that “the provisions of this subchapter ... shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan described in [29 U.S.C. §1003(a)] and not exempt under [29 [233]*233U.S.C. §1003(b)].” (Emphasis added.) “State law” is defined in 29 U.S.C. §1144(c)(1) as follows: “The term ‘State law’ includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State.” “State” is defined in 29 U.S.C. §1144(c)(2) as follows: “The term ‘State’ includes a State, any political subdivisions thereof, or any agency or instrumentality of either, which purports to regulate, directly or indirectly, the terms and conditions of employee benefit plans covered by this subchapter.” (Emphasis added.) It is undisputed that the Union’s plan is an employee benefit plan as defined in, and subject to, ERISA.5

This language clearly evidences an intent by Congress to preempt the field. “[T]he Court doubts that Congress could have chosen any more precise language to express its intent to preempt a state statute ... insofar as it seeks to regulate ERISA-covered employee benefit plans....” Hewlett-Packard Co. v. Barnes, 425 F. Supp. 1294, 1297 (N.D. Cal. 1977). Virtually every court that has considered this issue has recognized the broad preemptive intent of Congress. See, e.g., Francis v. United Technologies Corp., 458 F. Supp. 84, 86 (N.D. Cal. 1978) (“This language was intended to effect the broadest possible preemption of state law. The inclusion of all state laws which ‘relate to’ any ERISA plan was an attempt to make this preemption cover laws which were not specifically directed at this subject area, but which still affected it”); In re C.D. Moyer Co. Trust Fund, 441 F. Supp. 1128, 1131 (E.D. Pa. 1977), aff’d, 582 F.2d 1273 (3d Cir. 1978) (“This statute was specifically intended to preempt any state regulation of employee benefit plans”). See also Wadsworth v. Whaland, 562 F.2d 70 (1st Cir. 1977); National Carriers’ Conference Committee v. Heffer[234]*234nan, 454 F. Supp. 914 (D. Conn. 1978); Azzaro v. Harnett, 414 F. Supp. 473 (S.D.N.Y. 1976), aff'd, 553 F.2d 93 (2d Cir.), cert. denied, 434 U.S. 824 (1977); Lukus v. Westinghouse Electric Corp., supra note 4; Hutchinson & Ifshin, Federal Preemption of State Law under the Employee Retirement Income Security Act of 1974, 46 Chi. L. Rev. 23 (1978).6

This preemption must be given effect, for it constitutes an exercise by Congress of its powers under the supremacy clause. U.S. Const. art. VI, cl. 2. See Bell v. Employee Security Benefit Association, 437 F. Supp. 382 (D. Kan. 1977). Since the language of the statute unequivocally expresses its meaning, we need not discuss the legislative history. Caminetti v. United States, 242 U.S. 470 (1917). Nevertheless, a brief examination of the legislative history, as outlined in Delta Airlines, Inc. v. Kramarsky, supra note 3, at 1431-32, solidifies the conclusion that Congress intended broad preemption:

[T]he scope of the preemption clause is fully as broad as its language suggests. Both the House and Senate Conference Committees rejected earlier versions of the clause which would have limited preemption to areas of specific conflict between state and federal law. Thus, the House version originally would have superseded state law only ‘insofar as they may now of hereafter relate to the reporting and disclosure responsibilities, and fiduciary responsibilities, of persons acting on behalf of any employee benefit plan ...,’ 120 Cong. Rec. 4742 (1974), while the Senate version would have superseded state laws only ‘insofar as they may now or hereafter [235]*235relate to the subject matters regulated by this Act....’ 120 Cong. Rec. 5002 (1974). Instead of adopting one of these narrow provisions, Congress opted for broad preemption language. According to Senator Javits, the ranking minority member of the Senate Committee on Labor and Public Welfare, this action was taken to avoid the possibility of:
‘endless litigation over the validity of State action that might impinge on Federal regulation, as well as opening the door to multiple and potentially conflicting State Laws hastily contrived to deal with some particular aspect of private welfare or pension benefit plans not clearly connected to the Federal regulatory scheme.’ 120 Cong. Rec. 29942 (1974).
The sponsors of the bill in both the House and Senate also described the scope of the clause in sweeping terms. Senator Harrison Williams, the Senate sponsor, stated during his presentation of the bill that, with the narrow exceptions specified in the bill, the preemption principle ‘is intended to apply in its broadest sense to all actions of State or local governments, or any instrumentality thereof, which have the force or effect of law.’ 120 Cong. Rec. 29933 (1974). Similarly, John Dent, the House sponsor, stated that the ‘crowning achievement’ of ERISA was its reservation to the federal government of the sole power to regulate the field of employee benefit plans:
‘The conferees, with the narrow exceptions specifically enumerated,

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417 A.2d 1279, 53 Pa. Commw. 229, 1980 Pa. Commw. LEXIS 1640, 23 Empl. Prac. Dec. (CCH) 31,170, 30 Fair Empl. Prac. Cas. (BNA) 1739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-ladies-garment-workers-union-v-human-relations-commission-pacommwct-1980.