PRINTER'S NO. 2022
No. 1639 Session of 1977
INTRODUCED BY IRVIS, DOYLE, MANDERINO, GARZIA, BITTINGER,
BERLIN, SHUMAN, McLANE, PETRARCA, REED, STAPLETON, ZITTERMAN,
CALTAGIRONE, FREIND, NOYE, ZORD, WILSON, LYNCH,
W. D. HUTCHINSON, KATZ, ZELLER, O'CONNELL AND PRATT,
SEPTEMBER 28, 1977
REFERRED TO COMMITTEE ON FINANCE, SEPTEMBER 28, 1977
AN ACT
1 Providing for the regulation of job discrimination based on age;
2 and providing for enforcement by civil suits.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Age
7 Discrimination in Employment Act."
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Employee." Any individual who is employed by an employer
13 excepting any individual, who, as part of said individual's
14 employment, resides in the personal residence of the employer,
15 or any individual who is employed by his or her parents, spouse
16 or child.
1 "Employer." Any person who employs one or more individuals
2 within the Commonwealth and shall include the Commonwealth, any
3 departments, boards, commissions, agencies or any political
4 subdivisions or authorities thereof. The term "employer" shall
5 only include religious, fraternal, charitable, or sectarian
6 corporations or associations when such corporation or
7 association is supported, in whole or in part, by governmental
8 appropriations.
9 "Employment agency." Any person who undertakes, with or
10 without compensation, to procure employees for an employer or to
11 procure, recruit, refer or place employees.
12 "Labor organization." Any association or organization which
13 exists for the purpose, in whole or in part, of collective
14 bargaining, or of dealing with employers concerning grievances,
15 terms or conditions of employment.
16 "Person." Any individual, partnership, association,
17 organization, corporation, legal representatives, trustees in
18 bankruptcy, receivers, or any organized group of persons.
19 Section 3. Limitation.
20 The prohibitions in this act shall be limited to individuals
21 who are at least 40 years of age.
22 Section 4. Prohibition of age discrimination.
23 (a) It shall be unlawful for an employer to:
24 (1) Fail or refuse to hire any applicant for employment
25 because of such applicant's age.
26 (2) Discriminate against any employee with respect to
27 such employee's compensation, retirement, termination,
28 tenure, training, retraining, promotion, benefits, terms,
29 conditions, or privileges of employment because of such
30 employee's age.
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1 (b) It shall be unlawful for an employment agency to fail or
2 refuse to refer for employment, or otherwise to discriminate
3 against, any individual because of such individual's age.
4 (c) It shall be unlawful for a labor organization to:
5 (1) Exclude or expel from its membership, or otherwise
6 discriminate against any individual because of such
7 individual's age.
8 (2) Fail or refuse to refer for employment any
9 individual, deprive the individual of employment
10 opportunities, limit such employment opportunities, or
11 adversely affect such individual's status as an employee or
12 applicant for employment because of such individual's age.
13 (d) It shall be unlawful for an employer to discriminate
14 against any employee or applicant for employment, for an
15 employment agency to discriminate against any individual, or for
16 a labor organization to discriminate against any member or
17 applicant for membership, because such employee applicant for
18 employment, individual, member or applicant for membership has
19 made a charge, testified, assisted, or participated in any
20 manner in an investigation, proceeding or litigation under this
21 act.
22 (e) It shall be unlawful for an employer, employment agency,
23 or labor union to cause any other employer, employment agency,
24 or labor union to discriminate in violation of this section.
25 (f) It shall be unlawful for an employer, labor organization
26 or employment agency to print, publish, circulate or use, or to
27 cause to be printed, publishied, circulated or used, a statement
28 advertisement, publication, notice or form of application or
29 referral which expresses, directly or indirectly, any
30 preference, limitation, specification or discrimination based on
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1 age.
2 Section 5. Civil suit authorized.
3 (a) Any aggrieved person may bring a civil action in any
4 court of competent jurisdiction for such legal or equitable
5 relief as may be appropriate to effectuate the purposes of this
6 act.
7 (b) In any action brought to enforce this act the court
8 shall have jurisdiction to grant such legal and equitable relief
9 as may be appropriate to effectuate the purposes of this act,
10 including without limitation judgments compelling employment,
11 reinstatement, promotion, training, retraining, restoration of
12 status with respect to seniority and benefits, or enforcing the
13 liability for amounts in lost wages.
14 (c) Any action may not be brought under this act unless
15 commenced within four years after the alleged unlawful practice
16 occurred.
17 Section 6. Effective date.
18 This act shall take effect in 60 days.
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