1Amending the act of October 27, 1955 (P.L.744, No.222),
2entitled, as amended, "An act prohibiting certain practices
3of discrimination because of race, color, religious creed,
4ancestry, age or national origin by employers, employment
5agencies, labor organizations and others as herein defined;
6creating the Pennsylvania Human Relations Commission in the
7Governor's Office; defining its functions, powers and duties;
8providing for procedure and enforcement; providing for
9formulation of an educational program to prevent prejudice;
10providing for judicial review and enforcement and imposing
11penalties," further providing for procedure and for
12construction and exclusiveness of remedy.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Sections 9(b) and 12(c) of the act of October 27,
161955 (P.L.744, No.222), known as the Pennsylvania Human
17Relations Act, amended December 20, 1991 (P.L.414, No.51), are
18amended to read:

19Section 9. Procedure.--* * *

20(b) The following apply:

21(1) After the filing of any complaint, [or whenever] the 
22Commission shall notify the complainant on a form promulgated by
 

1the Commission and approved by the Commissioner of:

2(i) the rights of the complainant under this act, including
3the right to file a complaint in the courts of common pleas to
4be heard before a jury;

5(ii) the jurisdictional limitations of the Commission; and

6(iii) any other provisions of this act, without
7interpretation, that may apply to the complaint.

8(2) The Commission, upon its own initiative, or Attorney
9General, in like manner, may make, sign and file the complaint.

10(3) A complainant may initiate suit in a court of common
11pleas under this act without first filing a complaint with the
12Commission. Upon the application of a party, a jury trial shall
13be directed to try the validity of a claim under this act
14specified in the suit. A remedy available in common law tort
15actions shall be available to prevailing plaintiffs. The remedy
16shall be in addition to a remedy provided by this act or any
17other statute. Prosecution of the suit in a court of common 
18pleas under this act shall bar the filing of a complaint with 
19the Commission during the pendency of the suit. An action under 
20this subsection shall be filed within two years after the 
21alleged discriminatory action.

22(4) A party to an action based upon a violation of this act 
23shall mail a copy of the initial pleadings or claims, amended 
24pleadings or claims, counterclaims, briefs and legal memoranda 
25to the Commission at the same time as filing the documents with 
26the court. Upon application to the court where the matter is 
27pending, the Commission shall be permitted to intervene in the 
28action.

29(5) Whenever there is reason to believe that an unlawful
30discriminatory practice has been committed, the Commission shall

1make a prompt investigation in connection therewith.

2[(2)] (6) The Commission shall send a copy of the complaint
3to the named respondent within thirty days from the date of
4docketing the complaint, unless otherwise required by the Fair
5Housing Act.

6[(3)] (7) A respondent shall file a written, verified answer
7to the complaint within thirty days of service of the complaint,
8unless otherwise required by the Fair Housing Act. The
9Commission, upon request of the respondent, may grant an
10extension of not more than thirty additional days, unless
11otherwise required by the Fair Housing Act.

12[(4)] (8) After service of the complaint, the Commission
13shall encourage voluntary and informed predetermination
14settlements between parties.

15* * *

16Section 12. Construction and Exclusiveness of Remedy.--* * *

17(c) (1) In cases involving a claim of discrimination, if a
18complainant invokes the procedures set forth in this act, that
19individual's right of action in the courts of the Commonwealth
20shall not be foreclosed. [If] Except as provided under section 
219(b)(1), (2), (3) and (4), if within one (1) year after the
22filing of a complaint with the Commission, the Commission
23dismisses the complaint or has not entered into a conciliation
24agreement to which the complainant is a party, the Commission
25must so notify the complainant. On receipt of such a notice the
26complainant shall be able to bring an action in the courts of
27common pleas of the Commonwealth based on the right to freedom
28from discrimination granted by this act.

29(2) An action under this subsection shall be filed within
30two years after the date of notice from the Commission closing

1the complaint. Any complaint so filed shall be served on the
2Commission at the time the complaint is filed in court. The
3Commission shall notify the complainant of this requirement. A 
4complainant whose complaint of employment discrimination filed 
5with the Commission under this act is also filed with the Equal 
6Employment Opportunity Commission may, upon receipt of the 
7notice of a right to sue from the Equal Employment Opportunity 
8Commission, file a complaint in a court of common pleas under 
9the provisions of this act within the time limit to file the 
10suit under Federal law.

11(3) If the court finds that the respondent has engaged in or
12is engaging in an unlawful discriminatory practice charged in
13the complaint, the court shall enjoin the respondent from
14engaging in such unlawful discriminatory practice and order
15affirmative action which may include, but is not limited to,
16reinstatement or hiring of employes, granting of back pay, or
17any other legal or equitable relief as the court deems
18appropriate. Back pay liability shall not accrue from a date
19more than three years prior to the filing of a complaint
20charging violations of this act.

21(4) The court shall serve upon the Commission any final
22order issued in any action brought under this subsection.

23* * *

24Section 2. This act shall take effect in 60 days.