PRINTER'S NO. 502
No. 434 Session of 2007
INTRODUCED BY READSHAW, BENNINGHOFF, BENNINGTON, CALTAGIRONE, CARROLL, CLYMER, DALEY, DePASQUALE, FREEMAN, GEORGE, GERGELY, JAMES, JOSEPHS, KOTIK, McGEEHAN, McILHATTAN, MELIO, MENSCH, PALLONE, RAMALEY, SAYLOR, SOLOBAY, STABACK, STURLA, THOMAS, WALKO, WOJNAROSKI AND FRANKEL, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 26, 2007
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222),
2 entitled, as amended, "An act prohibiting certain practices
3 of discrimination because of race, color, religious creed,
4 ancestry, age or national origin by employers, employment
5 agencies, labor organizations and others as herein defined;
6 creating the Pennsylvania Human Relations Commission in the
7 Governor's Office; defining its functions, powers and duties;
8 providing for procedure and enforcement; providing for
9 formulation of an educational program to prevent prejudice;
10 providing for judicial review and enforcement and imposing
11 penalties," prohibiting certain practices of discrimination
12 because of genetic information.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The title and sections 2 and 3 of the act of
16 October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
17 Human Relations Act, amended December 20, 1991 (P.L.414, No.51),
18 are amended to read:
19 AN ACT
20 Prohibiting certain practices of discrimination because of
21 genetic information, race, color, religious creed, ancestry,
1 age or national origin by employers, employment agencies,
2 labor organizations and others as herein defined; creating
3 the Pennsylvania Human Relations Commission in the Governor's
4 Office; defining its functions, powers and duties; providing
5 for procedure and enforcement; providing for formulation of
6 an educational program to prevent prejudice; providing for
7 judicial review and enforcement and imposing penalties.
8 Section 2. Findings and Declaration of Policy.--
9 (a) The practice or policy of discrimination against
10 individuals or groups by reason of their genetic information,
11 race, color, familial status, religious creed, ancestry, age,
12 sex, national origin, handicap or disability, use of guide or
13 support animals because of the blindness, deafness or physical
14 handicap of the user or because the user is a handler or trainer
15 of support or guide animals is a matter of concern of the
16 Commonwealth. Such discrimination foments domestic strife and
17 unrest, threatens the rights and privileges of the inhabitants
18 of the Commonwealth, and undermines the foundations of a free
19 democratic state. The denial of equal employment, housing and
20 public accommodation opportunities because of such
21 discrimination, and the consequent failure to utilize the
22 productive capacities of individuals to their fullest extent,
23 deprives large segments of the population of the Commonwealth of
24 earnings necessary to maintain decent standards of living,
25 necessitates their resort to public relief and intensifies group
26 conflicts, thereby resulting in grave injury to the public
27 health and welfare, compels many individuals to live in
28 dwellings which are substandard, unhealthful and overcrowded,
29 resulting in racial segregation in public schools and other
30 community facilities, juvenile delinquency and other evils,
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1 thereby threatening the peace, health, safety and general 2 welfare of the Commonwealth and its inhabitants. 3 (b) It is hereby declared to be the public policy of this 4 Commonwealth to foster the employment of all individuals in 5 accordance with their fullest capacities regardless of their 6 race, color, religious creed, ancestry, age, sex, national 7 origin, handicap or disability, use of guide or support animals 8 because of the blindness, deafness or physical handicap of the 9 user or because the user is a handler or trainer of support or 10 guide animals, and to safeguard their right to obtain and hold 11 employment without such discrimination, to assure equal 12 opportunities to all individuals and to safeguard their rights 13 to public accommodation and to secure housing accommodation and 14 commercial property regardless of genetic information, race, 15 color, familial status, religious creed, ancestry, age, sex, 16 national origin, handicap or disability, use of guide or support 17 animals because of blindness or deafness of the user or because 18 the user is a handler or trainer of guide or support animals. 19 (c) This act shall be deemed an exercise of the police power 20 of the Commonwealth for the protection of the public welfare, 21 prosperity, health and peace of the people of the Commonwealth 22 of Pennsylvania. 23 Section 3. Right to Freedom from Discrimination in 24 Employment, Housing and Public Accommodation.--The opportunity 25 for an individual to obtain employment for which he is 26 qualified, and to obtain all the accommodations, advantages, 27 facilities and privileges of any public accommodation and of any 28 housing accommodation and commercial property without 29 discrimination because of genetic information, race, color, 30 familial status, religious creed, ancestry, handicap or 20070H0434B0502 - 3 -
1 disability, age, sex, national origin, the use of a guide or
2 support animal because of the blindness, deafness or physical
3 handicap of the user or because the user is a handler or trainer
4 of support or guide animals is hereby recognized as and declared
5 to be a civil right which shall be enforceable as set forth in
6 this act.
7 Section 2. Sections 4 and 5 of the act, amended December 20,
8 1991 (P.L.414, No.51), July 12, 1996 (P.L.684, No.117) and June
9 25, 1997 (P.L.326, No.34), are amended to read:
10 Section 4. Definitions.--As used in this act unless a
11 different meaning clearly appears from the context:
12 (a) The term "person" includes one or more individuals,
13 partnerships, associations, organizations, corporations, legal
14 representatives, trustees in bankruptcy or receivers. It also
15 includes, but is not limited to, any owner, lessor, assignor,
16 builder, manager, broker, salesman, agent, employe, independent
17 contractor, lending institution and the Commonwealth of
18 Pennsylvania, and all political subdivisions, authorities,
19 boards and commissions thereof.
20 (b) The term "employer" includes the Commonwealth or any
21 political subdivision or board, department, commission or school
22 district thereof and any person employing four or more persons
23 within the Commonwealth, but except as hereinafter provided,
24 does not include religious, fraternal, charitable or sectarian
25 corporations or associations, except such corporations or
26 associations supported, in whole or in part, by governmental
27 appropriations. The term "employer" with respect to
28 discriminatory practices based on genetic information, race,
29 color, age, sex, national origin or non-job related handicap or
30 disability, includes religious, fraternal, charitable and
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1 sectarian corporations and associations employing four or more 2 persons within the Commonwealth. 3 (c) The term "employe" does not include (1) any individual 4 employed in agriculture or in the domestic service of any 5 person, (2) any individuals who, as a part of their employment, 6 reside in the personal residence of the employer, (3) any 7 individual employed by said individual's parents, spouse or 8 child. 9 (d) The term "labor organizations" includes any organization 10 which exists for the purpose, in whole or in part, of collective 11 bargaining or of dealing with employers concerning grievances, 12 terms or conditions of employment or of other mutual aid or 13 protection in relation to employment. 14 (e) The term "employment agency" includes any person 15 regularly undertaking, with or without compensation, to procure 16 opportunities to work or to procure, recruit, refer or place 17 employes. 18 (f) The term "Commission" means the Pennsylvania Human 19 Relations Commission created by this act. 20 (g) The term "discriminate" includes segregate. 21 (h) The term "age" includes any person forty years of age or 22 older and shall also include any other person so protected by 23 further amendment to the Federal Age Discrimination in 24 Employment Act. 25 (i) The term "housing accommodations" includes (1) any 26 building, structure, mobile home site or facility, or portion 27 thereof, which is used or occupied or is intended, arranged or 28 designed to be used or occupied as the home residence or 29 sleeping place of one or more individuals, groups or families 30 whether or not living independently of each other; and (2) any 20070H0434B0502 - 5 -
1 vacant land offered for sale, lease or held for the purpose of 2 constructing or locating thereon any such building, structure, 3 mobile home site or facility. The term "housing accommodation" 4 shall not include any personal residence offered for rent by the 5 owner or lessee thereof or by his or her broker, salesperson, 6 agent or employe. 7 (j) The term "commercial property" means (1) any building, 8 structure or facility, or portion thereof, which is used, 9 occupied or is intended, arranged or designed to be used or 10 occupied for the purpose of operating a business, an office, a 11 manufactory or any public accommodation; and (2) any vacant land 12 offered for sale, lease or held for the purpose of constructing 13 or locating thereon any such building, structure, facility, 14 business concern or public accommodation. 15 (k) The term "personal residence" means a building or 16 structure containing living quarters occupied or intended to be 17 occupied by no more than two individuals, two groups or two 18 families living independently of each other and used by the 19 owner or lessee thereof as a bona fide residence for himself and 20 any members of his family forming his household. 21 (l) The term "public accommodation, resort or amusement" 22 means any accommodation, resort or amusement which is open to, 23 accepts or solicits the patronage of the general public, 24 including but not limited to inns, taverns, roadhouses, hotels, 25 motels, whether conducted for the entertainment of transient 26 guests or for the accommodation of those seeking health, 27 recreation or rest, or restaurants or eating houses, or any 28 place where food is sold for consumption on the premises, 29 buffets, saloons, barrooms or any store, park or enclosure where 30 spirituous or malt liquors are sold, ice cream parlors, 20070H0434B0502 - 6 -
1 confectioneries, soda fountains and all stores where ice cream, 2 ice and fruit preparations or their derivatives, or where 3 beverages of any kind are retailed for consumption on the 4 premises, drug stores, dispensaries, clinics, hospitals, 5 bathhouses, swimming pools, barber shops, beauty parlors, retail 6 stores and establishments, theatres, motion picture houses, 7 airdromes, roof gardens, music halls, race courses, skating 8 rinks, amusement and recreation parks, fairs, bowling alleys, 9 gymnasiums, shooting galleries, billiard and pool parlors, 10 public libraries, kindergartens, primary and secondary schools, 11 high schools, academies, colleges and universities, extension 12 courses and all educational institutions under the supervision 13 of this Commonwealth, nonsectarian cemeteries, garages and all 14 public conveyances operated on land or water or in the air as 15 well as the stations, terminals and airports thereof, financial 16 institutions and all Commonwealth facilities and services, 17 including such facilities and services of all political 18 subdivisions thereof, but shall not include any accommodations 19 which are in their nature distinctly private. 20 (m) The term "political subdivision" means any county, city, 21 borough, incorporated town or township of this Commonwealth. 22 (n) The term "legislative body" means the body or board 23 authorized by law to enact ordinances or adopt resolutions for 24 the political subdivision. 25 (o) The term "local commission" means a Human Relations 26 Commission created by the legislative body of a political 27 subdivision. 28 (p) The term "non-job related handicap or disability" means 29 any handicap or disability which does not substantially 30 interfere with the ability to perform the essential functions of 20070H0434B0502 - 7 -
1 the employment which a handicapped person applies for, is 2 engaged in or has been engaged in. Uninsurability or increased 3 cost of insurance under a group or employe insurance plan does 4 not render a handicap or disability job related. 5 (p.1) The term "handicap or disability," with respect to a 6 person, means: 7 (1) a physical or mental impairment which substantially 8 limits one or more of such person's major life activities; 9 (2) a record of having such an impairment; or 10 (3) being regarded as having such an impairment, 11 but such term does not include current, illegal use of or 12 addiction to a controlled substance, as defined in section 102 13 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 14 802). 15 (q) The term "permanent hearing examiner" shall mean a full- 16 time employe who is an attorney. 17 (r) The term "designated agent of the complainant" shall 18 mean an individual who is a para-legal under the supervision of 19 a practicing attorney. 20 (s) The term "commercial profit" means any form of 21 compensation in money, or which can be measured in terms of 22 money. 23 (t) The term "familial status" means one or more individuals 24 who have not attained the age of eighteen years being domiciled 25 with: 26 (1) a parent or other person having legal custody of such 27 individual or individuals; or 28 (2) the designee of such parent or other person having such 29 custody, with the written permission of such parent or other 30 person. 20070H0434B0502 - 8 -
1 The protections afforded against discrimination on the basis of 2 familial status shall apply to any person who is pregnant or is 3 in the process of securing legal custody of any individual who 4 has not attained the age of 18 years. 5 (u) The term "Fair Housing Act" means Public Law 90-284, 42 6 U.S.C. § 3601 et seq. 7 (v) The term "accessible" means being in compliance with the 8 applicable standards set forth in the following: 9 (1) the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 10 3601 et seq.); 11 (2) the Americans with Disabilities Act of 1990 (Public Law 12 101-336, 42 U.S.C. § 12101 et seq.); and 13 (3) the act of September 1, 1965 (P.L.459, No.235), 14 entitled, as amended, "An act requiring that certain buildings 15 and facilities adhere to certain principles, standards and 16 specifications to make the same accessible to and usable by 17 persons with physical handicaps, and providing for enforcement." 18 (w) (1) The term "housing for older persons" means housing: 19 (i) provided under any Federal or State program that the 20 Pennsylvania Human Relations Commission determines is 21 specifically designed and operated to assist elderly persons as 22 defined in the Federal or State program; 23 (ii) is intended for and solely occupied by persons sixty- 24 two years of age or older; or 25 (iii) is intended and operated for occupancy by at least one 26 person fifty-five years of age or older per unit. 27 (2) In determining whether housing qualifies as housing for 28 older persons under this clause, the Pennsylvania Human 29 Relations Commission's requirements shall include, but not be 30 limited to, the following: 20070H0434B0502 - 9 -
1 (ii) At least eighty percent of the units are occupied by at 2 least one person fifty-five years of age or older per unit. 3 (iii) There is publication of, and adherence to, policies 4 and procedures which demonstrate an intent by the owner or 5 manager to provide housing for persons fifty-five years of age 6 or older. 7 (iv) The housing complies with regulations promulgated by 8 the Pennsylvania Human Relations Commission for verification of 9 occupancy. Regulations under this paragraph shall do all of the 10 following: 11 (A) Provide for verification by reliable surveys and 12 affidavits. Surveys and affidavits under this subparagraph shall 13 be admissible in administrative and judicial proceedings for the 14 purpose of verification under this paragraph. 15 (B) Include examples of the types of policies and procedures 16 relevant to a determination of compliance with the requirement 17 of paragraph (iii). 18 (3) Housing shall not fail to meet the requirements for 19 housing for older persons by reason of unoccupied units provided 20 that such units are reserved for occupancy by persons who meet 21 the age requirements of this clause. 22 (x) The term "independent contractor" includes any person 23 who is subject to the provisions governing any of the 24 professions and occupations regulated by State licensing laws 25 enforced by the Bureau of Professional and Occupational Affairs 26 in the Department of State, or is included in the Fair Housing 27 Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.). 28 (y) The term "real estate-related transaction" means any of 29 the following: 30 (1) The making or purchasing of loans or providing other 20070H0434B0502 - 10 -
1 financial assistance for purchasing, constructing, improving, 2 repairing or maintaining a housing accommodation or commercial 3 property. 4 (2) The purchasing, constructing, improving, repairing or 5 maintaining a housing accommodation or commercial property. 6 (3) The selling, brokering or appraising of real property. 7 (z) The term "advertisement" or "advertising" means any 8 advertisement and any similar written, printed, taped or 9 broadcast communication, notice, statement or the like which is 10 disseminated (whether published, printed, circulated, issued, 11 displayed, posted or mailed) for the purpose of promoting 12 housing activity, including, but not limited to, rentals, leases 13 and sales. 14 (aa) The term "advertiser" means any person who places, 15 publishes, broadcasts or similarly causes to be disseminated by 16 any other means an advertisement or advertising as defined in 17 clause (z). 18 (bb) The term "genetic information" means information about 19 genes, gene products, or inherited characteristics that may 20 derive from an individual or with respect to that individual, 21 another individual related by blood to that individual, or a 22 spouse or adopted child of the individual. 23 Section 5. Unlawful Discriminatory Practices.--It shall be 24 an unlawful discriminatory practice, unless based upon a bona 25 fide occupational qualification, or in the case of a fraternal 26 corporation or association, unless based upon membership in such 27 association or corporation, or except where based upon 28 applicable security regulations established by the United States 29 or the Commonwealth of Pennsylvania: 30 (a) For any employer because of the genetic information, 20070H0434B0502 - 11 -
1 race, color, religious creed, ancestry, age, sex, national 2 origin or non-job related handicap or disability or the use of a 3 guide or support animal because of the blindness, deafness or 4 physical handicap of any individual or independent contractor, 5 to refuse to hire or employ or contract with, or to bar or to 6 discharge from employment such individual or independent 7 contractor, or to otherwise discriminate against such individual 8 or independent contractor with respect to compensation, hire, 9 tenure, terms, conditions or privileges of employment or 10 contract, if the individual or independent contractor is the 11 best able and most competent to perform the services required. 12 The provision of this paragraph shall not apply, to (1) 13 operation of the terms or conditions of any bona fide retirement 14 or pension plan which have the effect of a minimum service 15 requirement, (2) operation of the terms or conditions of any 16 bona fide group or employe insurance plan, (3) age limitations 17 placed upon entry into bona fide apprenticeship programs of two 18 years or more approved by the State Apprenticeship and Training 19 Council of the Department of Labor and Industry, established by 20 the act of July 14, 1961 (P.L.604, No.304), known as "The 21 Apprenticeship and Training Act." Notwithstanding any provision 22 of this clause, it shall not be an unlawful employment practice 23 for a religious corporation or association to hire or employ on 24 the basis of sex in those certain instances where sex is a bona 25 fide occupational qualification because of the religious 26 beliefs, practices, or observances of the corporation, or 27 association. 28 (b) For any employer, employment agency or labor 29 organization, prior to the employment, contracting with an 30 independent contractor or admission to membership, to: 20070H0434B0502 - 12 -
1 (1) Elicit any information or make or keep a record of or 2 use any form of application or application blank containing 3 questions or entries concerning the genetic information, race, 4 color, religious creed, ancestry, age, sex, national origin, 5 past handicap or disability or the use of a guide or support 6 animal because of the blindness, deafness or physical handicap 7 of any applicant for employment or membership. Prior to an offer 8 of employment, an employer may not inquire as to whether an 9 individual has a handicap or disability or as to the severity of 10 such handicap or disability. An employer may inquire as to the 11 individual's ability to perform the essential functions of the 12 employment. 13 (2) Print or publish or cause to be printed or published any 14 notice or advertisement relating to employment or membership 15 indicating any preference, limitation, specification or 16 discrimination based upon genetic information, race, color, 17 religious creed, ancestry, age, sex, national origin, non-job 18 related handicap or disability or the use of a guide or support 19 animal because of the blindness, deafness or physical handicap 20 of the user. 21 (3) Deny or limit, through a quota system, employment or 22 membership because of genetic information, race, color, 23 religious creed, ancestry, age, sex, national origin, non-job 24 related handicap or disability, the use of a guide or support 25 animal because of the blindness, deafness or physical handicap 26 of the user or place of birth. 27 (4) Substantially confine or limit recruitment or hiring of 28 individuals, with intent to circumvent the spirit and purpose of 29 this act, to any employment agency, employment service, labor 30 organization, training school or training center or any other 20070H0434B0502 - 13 -
1 employe-referring source which services individuals who are 2 predominantly of the same genetic information, race, color, 3 religious creed, ancestry, age, sex, national origin or non-job 4 related handicap or disability. 5 (5) Deny employment because of a prior handicap or 6 disability. 7 Nothing in clause (b) of this section shall bar any 8 institution or organization for handicapped or disabled persons 9 from limiting or giving preference in employment or membership 10 to handicapped or disabled persons. 11 (c) For any labor organization because of the genetic 12 information, race, color, religious creed, ancestry, age, sex, 13 national origin, non-job related handicap or disability or the 14 use of a guide or support animal because of the blindness, 15 deafness or physical handicap of any individual to deny full and 16 equal membership rights to any individual or otherwise to 17 discriminate against such individuals with respect to hire, 18 tenure, terms, conditions or privileges of employment or any 19 other matter, directly or indirectly, related to employment. 20 (d) For any person, employer, employment agency or labor 21 organization to discriminate in any manner against any 22 individual because such individual has opposed any practice 23 forbidden by this act, or because such individual has made a 24 charge, testified or assisted, in any manner, in any 25 investigation, proceeding or hearing under this act. 26 (e) For any person, employer, employment agency, labor 27 organization or employe, to aid, abet, incite, compel or coerce 28 the doing of any act declared by this section to be an unlawful 29 discriminatory practice, or to obstruct or prevent any person 30 from complying with the provisions of this act or any order 20070H0434B0502 - 14 -
1 issued thereunder, or to attempt, directly or indirectly, to 2 commit any act declared by this section to be an unlawful 3 discriminatory practice. 4 (f) For any employment agency to fail or refuse to classify 5 properly, refer for employment or otherwise to discriminate 6 against any individual because of his genetic information, race, 7 color, religious creed, ancestry, age, sex, national origin, 8 non-job related handicap or disability or the use of a guide or 9 support animal because of the blindness, deafness or physical 10 handicap of the user. 11 (g) For any individual seeking employment to publish or 12 cause to be published any advertisement which in any manner 13 expresses a limitation or preference as to the genetic 14 information, race, color, religious creed, ancestry, age, sex, 15 national origin, non-job related handicap or disability or the 16 use of a guide or support animal because of the blindness, 17 deafness or physical handicap of any prospective employer. 18 (h) For any person to: 19 (1) Refuse to sell, lease, finance or otherwise to deny or 20 withhold any housing accommodation or commercial property from 21 any person because of the genetic information, race, color, 22 familial status, age, religious creed, ancestry, sex, national 23 origin or handicap or disability of any person, prospective 24 owner, occupant or user of such housing accommodation or 25 commercial property, or to refuse to lease any housing 26 accommodation or commercial property to any person due to use of 27 a guide animal because of the blindness or deafness of the user, 28 use of a support animal because of a physical handicap of the 29 user or because the user is a handler or trainer of support or 30 guide animals or because of the handicap or disability of an 20070H0434B0502 - 15 -
1 individual with whom the person is known to have a relationship 2 or association. 3 (1.1) Evict or attempt to evict an occupant of any housing 4 accommodation before the end of the term of a lease because of 5 pregnancy or the birth of a child. 6 (2) Refuse to lend money, whether or not secured by mortgage 7 or otherwise for the acquisition, construction, rehabilitation, 8 repair or maintenance of any housing accommodation or commercial 9 property or otherwise withhold financing of any housing 10 accommodation or commercial property from any person because of 11 the genetic information, race, color, familial status, age, 12 religious creed, ancestry, sex, national origin, handicap or 13 disability of any person, the use of a guide or support animal 14 because of the blindness, deafness or physical handicap of the 15 user or because the user is a handler or trainer of support or 16 guide animals or because of the handicap or disability of an 17 individual with whom the person is known to have a relationship 18 or association. 19 (3) Discriminate against any person in the terms or 20 conditions of selling or leasing any housing accommodation or 21 commercial property or in furnishing facilities, services or 22 privileges in connection with the ownership, occupancy or use of 23 any housing accommodation or commercial property because of the 24 genetic information, race, color, familial status, age, 25 religious creed, ancestry, sex, national origin, handicap or 26 disability of any person, the use of a guide or support animal 27 because of the blindness, deafness or physical handicap of the 28 user or because the user is a handler or trainer of support or 29 guide animals or because of the handicap or disability of an 30 individual with whom the person is known to have a relationship 20070H0434B0502 - 16 -
1 or association.
2 (3.1) Refuse to permit, at the expense of a person with a
3 handicap, reasonable modifications of existing premises occupied
4 or to be occupied by such person if such modifications may be
5 necessary to afford such person full enjoyment of the premises,
6 except that, in the case of a rental, the landlord may, where it
7 is reasonable to do so, grant permission for a modification if
8 the renter agrees to restore the interior of the premises to the
9 condition that existed before the modification, with reasonable
10 wear and tear excepted.
11 (3.2) Refuse to make reasonable accommodations in rules,
12 policies, practices or services when such accommodations may be
13 necessary to afford such person equal opportunity to use and
14 enjoy a housing accommodation.
15 (4) Discriminate against any person in the terms or
16 conditions of any loan of money, whether or not secured by
17 mortgage or otherwise for the acquisition, construction,
18 rehabilitation, repair or maintenance of housing accommodation
19 or commercial property because of the genetic information, race,
20 color, familial status, age, religious creed, ancestry, sex,
21 national origin or handicap or disability of any person, the use
22 of a guide or support animal because of the blindness, deafness
23 or physical handicap of the user or because the user is a
24 handler or trainer of guide or support animals or because of the
25 handicap or disability of an individual with whom the person is
26 known to have a relationship or association.
27 (5) Print, publish or circulate any statement or
28 advertisement: (i) relating to the sale, lease or acquisition of
29 any housing accommodation or commercial property or the loan of
30 money, whether or not secured by mortgage, or otherwise for the
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1 acquisition, construction, rehabilitation, repair or maintenance 2 of any housing accommodation or commercial property which 3 indicates any preference, limitation, specification, or 4 discrimination based upon genetic information, race, color, 5 familial status, age, religious creed, ancestry, sex, national 6 origin, handicap or disability or because of the handicap or 7 disability of an individual with whom the person is known to 8 have a relationship or association, or (ii) relating to the 9 sale, lease or acquisition of any housing accommodation or 10 commercial property which indicates any preference, limitation, 11 specification or discrimination based upon use of a guide or 12 support animal because of the blindness, deafness or physical 13 handicap of the user or because the user is a handler or trainer 14 of support or guide animals. 15 (6) Make any inquiry, elicit any information, make or keep 16 any record or use any form of application, containing questions 17 or entries concerning genetic information, race, color, familial 18 status, age, religious creed, ancestry, sex, national origin, 19 handicap or disability or because of the handicap or disability 20 of an individual with whom the person is known to have a 21 relationship or association in connection with the sale or lease 22 of any housing accommodation or commercial property or loan of 23 any money, whether or not secured by mortgage or otherwise for 24 the acquisition, construction, rehabilitation, repair or 25 maintenance of any housing accommodation or commercial property, 26 or to make any inquiry, elicit any information, make or keep any 27 record or use any form of application, containing questions or 28 entries concerning the use of a guide or support animal because 29 of the blindness, deafness or physical handicap of the user or 30 because the user is a handler or trainer of support or guide 20070H0434B0502 - 18 -
1 animals, in connection with the lease of any housing 2 accommodation or commercial property. 3 (7) Construct, operate, offer for sale, lease or rent or 4 otherwise make available housing or commercial property which is 5 not accessible. 6 (8) Discriminate in real estate-related transactions, as 7 described by and subject to the following: 8 (i) It shall be unlawful for any person or other entity 9 whose business includes engaging in real estate-related 10 transactions to discriminate against any person in making 11 available such a transaction or in the terms or conditions of 12 such a transaction because of genetic information, race, color, 13 religious creed, ancestry, national origin, sex, age, handicap 14 or disability, use of a guide or support animal because of a 15 physical handicap or because the user is a handler or trainer of 16 guide or support animals or familial status. 17 (ii) Nothing in this act prohibits a person engaged in the 18 business of furnishing appraisals of real property to take into 19 consideration factors other than genetic information, race, 20 color, religious creed, ancestry, national origin, sex, age, 21 handicap or disability, use of a guide or support animal because 22 of a physical handicap or because the user is a handler or 23 trainer of guide or support animals or familial status. 24 (9) Nothing in this clause, regarding age or familial 25 status, shall apply with respect to housing for older persons. A 26 person shall not be held personally liable for monetary damages 27 for a violation of this act if the person reasonably relied, in 28 good faith, on the application of the exemption of this 29 subclause. A person may only prove good faith reliance on the 30 application of the exemption of this subclause by proving that 20070H0434B0502 - 19 -
1 at the time of the act complained of all of the following 2 applied: 3 (i) The person had no actual knowledge that the housing was 4 not eligible for exemption under this subclause. 5 (ii) The owner or manager of the housing had stated 6 formally, in writing, that the housing complied with the 7 requirements for exemption under this subclause. 8 (10) Nothing in this clause shall bar any religious or 9 denominational institution or organization or any charitable or 10 educational organization which is operated, supervised or 11 controlled by or in connection with a religious organization or 12 any bona fide private or fraternal organization from giving 13 preference to persons of the same religion or denomination or to 14 members of such private or fraternal organization or from making 15 such selection as is calculated by such organization to promote 16 the religious principles or the aims, purposes or fraternal 17 principles for which it is established or maintained. Nor shall 18 it apply to the rental of rooms in a landlord-occupied rooming 19 house with a common entrance, nor with respect to discrimination 20 based on sex, the advertising, rental or leasing of housing 21 accommodations in a single-sex dormitory or rooms in one's 22 personal residence in which common living areas are shared. 23 (11) Nothing in this act limits the applicability of the 24 Fair Housing Act and reasonable State or local restrictions on 25 the maximum number of occupants permitted to occupy a dwelling 26 or a reasonable restriction relating to health or safety 27 standards or business necessity. Owners and managers of 28 dwellings may develop and implement reasonable occupancy and 29 safety standards based on factors such as the number and size of 30 sleeping areas or bedrooms and the overall size of a dwelling 20070H0434B0502 - 20 -
1 unit so long as the standards do not violate the Fair Housing 2 Act or State or local restrictions. 3 (i) For any person being the owner, lessee, proprietor, 4 manager, superintendent, agent or employe of any public 5 accommodation, resort or amusement to: 6 (1) Refuse, withhold from, or deny to any person because of 7 his genetic information, race, color, sex, religious creed, 8 ancestry, national origin or handicap or disability, or to any 9 person due to use of a guide or support animal because of the 10 blindness, deafness or physical handicap of the user or because 11 the user is a handler or trainer of support or guide animals, 12 either directly or indirectly, any of the accommodations, 13 advantages, facilities or privileges of such public 14 accommodation, resort or amusement. 15 (2) Publish, circulate, issue, display, post or mail, either 16 directly or indirectly, any written or printed communication, 17 notice or advertisement to the effect that any of the 18 accommodations, advantages, facilities and privileges of any 19 such place shall be refused, withheld from or denied to any 20 person on account of genetic information, race, color, religious 21 creed, sex, ancestry, national origin or handicap or disability, 22 or to any person due to use of a guide or support animal because 23 of the blindness, deafness or physical handicap of the user, or 24 because the user is a handler or trainer of support or guide 25 animals, or that the patronage or custom thereat of any person, 26 belonging to or purporting to be of any particular genetic 27 information, race, color, religious creed, sex, ancestry, 28 national origin or handicap or disability, or to any person due 29 to use of a guide or support animal because of the blindness, 30 deafness or physical handicap of the user or because the user is 20070H0434B0502 - 21 -
1 a handler or trainer of support or guide animals, is unwelcome, 2 objectionable or not acceptable, desired or solicited. 3 (3) Exclude or otherwise deny equal goods, services, 4 facilities, privileges, advantages, accommodations or other 5 opportunities to a person because of the handicap or disability 6 of an individual with whom the person is known to have a 7 relationship or association. 8 (4) Construct, operate or otherwise make available such 9 place of public accommodation, resort or amusement which is not 10 accessible. 11 (j) For any person subject to the act to fail to post and 12 exhibit prominently in his place of business any fair practices 13 notice prepared and distributed by the Pennsylvania Human 14 Relations Commission. 15 (k) For any employer to discriminate against an employe or a 16 prospective employe because the employe only has a diploma based 17 on passing a general educational development test as compared to 18 a high school diploma. However, should vocational technical 19 training or other special training be required with regard to a 20 specific position, then such training or special training may be 21 considered by the employer. 22 (l) To exclude or otherwise deny equal jobs or benefits to a 23 person because of the handicap or disability of an individual 24 with whom the person is known to have a relationship or 25 association. 26 This section of the act shall not be construed to prohibit 27 the refusal to hire or the dismissal of a person who is not able 28 to function properly in the job applied for or engaged in. 29 Section 3. Sections 5.3 and 7 of the act, amended December 30 20, 1991 (P.L.414, No.51), are amended to read: 20070H0434B0502 - 22 -
1 Section 5.3. Prohibition of Certain Real Estate Practices.-- 2 It shall be an unlawful discriminatory practice for any person 3 to: 4 (a) Induce, solicit or attempt to induce or solicit for 5 commercial profit any listing, sale or transaction involving any 6 housing accommodation or commercial property by representing 7 that such housing accommodation or commercial property is within 8 any neighborhood, community or area adjacent to any other area 9 in which there reside, or do not reside, persons of a particular 10 genetic information, race, color, familial status, age, 11 religious creed, ancestry, sex, national origin, handicap or 12 disability, or who are guide or support animal dependent. 13 (b) Discourage, or attempt to discourage, for commercial 14 profit, the purchase or lease of any housing accommodation or 15 commercial property by representing that such housing 16 accommodation or commercial property is within any neighborhood, 17 community or area adjacent to any other area in which there 18 reside, or may in the future reside in increased or decreased 19 numbers, persons of a particular genetic information, race, 20 color, familial status, age, religious creed, ancestry, sex, 21 national origin, handicap or disability, or who are guide or 22 support animal dependent. 23 (c) Misrepresent, create or distort a circumstance, 24 condition or incident for the purpose of fostering the 25 impression or belief, on the part of any owner, occupant or 26 prospective owner or occupant of any housing accommodation or 27 commercial property, that such housing accommodation or 28 commercial property is within any neighborhood, community or 29 area adjacent to any other area which would be adversely 30 impacted by the residence, or future increased or decreased 20070H0434B0502 - 23 -
1 residence, of persons of a particular genetic information, race, 2 color, familial status, age, religious creed, ancestry, sex, 3 national origin, handicap or disability, or who are guide or 4 support animal dependent within such neighborhood, community or 5 area. 6 (d) In any way misrepresent or otherwise misadvertise within 7 a neighborhood or community, whether or not in writing, that any 8 housing accommodation or commercial property within such 9 neighborhood or community is available for inspection, sale, 10 lease, sublease or other transfer, in any context where such 11 misrepresentation or misadvertising would have the effect of 12 fostering an impression or belief that there has been or will be 13 an increase in real estate activity within such neighborhood or 14 community due to the residence, or anticipated increased or 15 decreased residence, of persons of a particular genetic 16 information, race, color, familial status, age, religious creed, 17 ancestry, sex, national origin, handicap or disability, or the 18 use of a guide or support animal because of the blindness, 19 deafness or physical handicap of the user. 20 Section 7. Powers and Duties of the Commission.--The 21 Commission shall have the following powers and duties: 22 (a) To establish and maintain a central office in the City 23 of Harrisburg. 24 (b) To meet and function at any place within the 25 Commonwealth. 26 (c) To appoint such attorneys and permanent hearing 27 examiners and other employes and agents as it may deem 28 necessary, fix their compensation within the limitations 29 provided by law, and prescribe their duties. Permanent hearing 30 examiners shall perform no duties inconsistent with their duties 20070H0434B0502 - 24 -
1 and responsibilities as permanent hearing examiners. 2 (c.1) To conduct mandatory training seminars on the 3 Pennsylvania Human Relations Act and other applicable Federal 4 and State law, procedures and rules for all investigative 5 personnel. 6 (c.2) To afford complainants and respondents the opportunity 7 for comments after the final disposition of a complaint. These 8 comments shall be provided to the Commission members. 9 (c.3) To appoint attorneys to perform the following 10 functions: (1) render legal advice to Commission members on 11 matters appearing before it; or (2) give legal assistance to 12 complainants appearing before the Commission or hearing 13 examiners. These responsibilities shall require a separate staff 14 of attorneys to perform each function. 15 (d) To adopt, promulgate, amend and rescind rules and 16 regulations to effectuate the policies and provisions of this 17 act. 18 (e) To formulate policies to effectuate the purposes of this 19 act and make recommendations to agencies and officers of the 20 Commonwealth or political subdivisions of government or board, 21 department, commission or school district thereof to effectuate 22 such policies. 23 (f) To initiate, receive, investigate and pass upon 24 complaints charging unlawful discriminatory practices. 25 (f.1) To investigate where no complaint has been filed but 26 with the consent of at least eight of the members of the 27 Commission any problem of racial discrimination with the intent 28 of avoiding and preventing the development of racial tension. 29 (f.2) On request of the Governor, to investigate claims of 30 excessive use of force by police in civil rights protest 20070H0434B0502 - 25 -
1 activities. 2 (g) (1) To hold hearings, subpoena witnesses, compel their 3 attendance, administer oaths, take testimony of any person under 4 oath or affirmation and, in connection therewith, to require the 5 production for examination of any books and papers relating to 6 any matter under investigation where a complaint has been 7 properly filed before the Commission. The Commission may make 8 rules as to the issuance of subpoenas by individual 9 Commissioners. In case of contumacy or refusal to obey a 10 subpoena issued to any person any court of jurisdiction, upon 11 application by the Commission, may issue to such person an order 12 requiring such person to appear before the Commission, there to 13 produce documentary evidence, if so ordered, or there to give 14 evidence touching the matter in question, and any failure to 15 obey such order of the court may be punished by said court as a 16 contempt thereof. 17 (2) No person shall be excused from attending and 18 testifying, or from producing records, correspondence, documents 19 or other evidence in obedience to the subpoena of the Commission 20 or of any individual Commissioner, on the ground that the 21 testimony or evidence required of him may tend to incriminate 22 him or subject him to a penalty or forfeiture, but no person 23 shall be prosecuted or subjected to any penalty or forfeiture 24 for or on account of any transaction, matter or thing concerning 25 which he is compelled, after having claimed his privilege 26 against self-incrimination, to testify or produce evidence, 27 except that such person so testifying shall not be exempt from 28 prosecution and punishment for perjury committed in so 29 testifying. The immunity herein provided shall extend only to 30 natural persons so compelled to testify. 20070H0434B0502 - 26 -
1 (h) To inspect upon request such records of the Commonwealth 2 or any political subdivision, board, department, commission or 3 school district thereof as it may deem necessary or advisable to 4 carry into effect the provisions of this act. 5 (i) To create such advisory agencies and conciliation 6 councils, local or state-wide, as will aid in effectuating the 7 purposes of this act. The Commission may itself or it may 8 empower these agencies and councils to (1) study the problems of 9 discrimination in all or specific fields of human relationships 10 when based on genetic information, race, color, familial status, 11 religious creed, ancestry, age, sex, national origin or handicap 12 or disability, and (2) foster, through community effort or 13 otherwise, good will among the groups and elements of the 14 population of the State. Such agencies and councils may make 15 recommendations to the Commission for the development of 16 policies and procedure in general. Advisory agencies and 17 conciliation councils created by the Commission shall be 18 composed of representative citizens, serving without pay, but 19 the Commission may make provision for technical and clerical 20 assistance to such agencies and councils, and for the payment of 21 the expenses of such assistance. 22 (j) To issue such publications and such results of 23 investigations and research as, in its judgment, will tend to 24 promote good will and minimize or eliminate discrimination 25 because of genetic information, race, color, familial status, 26 religious creed, ancestry, age, sex, national origin or handicap 27 or disability. 28 (k) To submit an annual report for each fiscal year by the 29 following March 31 to the General Assembly, the Labor and 30 Industry Committee of the Senate and the State Government 20070H0434B0502 - 27 -
1 Committee of the House of Representatives and the Governor
2 describing in detail the types of complaints received, the
3 investigations, status of cases, Commission action which has
4 been taken, how many were found to have probable cause, how many
5 were resolved by public hearing and the length of time from the
6 initial complaint to final Commission resolution. It shall also
7 contain recommendations for such further legislation concerning
8 abuses and discrimination because of genetic information, race,
9 color, familial status, religious creed, ancestry, national
10 origin, age, sex, handicap or disability or the use of a guide
11 or support animal because of the blindness, deafness or physical
12 handicap of the user or because the user is a handler or trainer
13 of support or guide animals, as may be desirable.
14 (l) To prepare and distribute fair practices notices.
15 (n) To notify local human relations commissions of
16 complaints received by the Pennsylvania Human Relations
17 Commission involving persons within a commission's jurisdiction.
18 The Pennsylvania Human Relations Commission may enter into work-
19 sharing agreements with those local commissions having
20 comparable jurisdiction and enforcement authority.
21 (o) To prepare and publish all findings of fact, conclusions
22 of the law, final decisions and orders made after a public
23 hearing by the hearing examiners, Commission panel or full
24 Commission.
25 (p) To give public access to the commission's compliance
26 manual.
27 (q) To preserve opinions rendered by the Commission for five
28 years from the date of publication.
29 Section 4. Section 8 of the act, amended July 12, 1996
30 (P.L.684, No.117), is amended to read:
20070H0434B0502 - 28 -
1 Section 8. Educational Program.--The Commission, in 2 cooperation with the Department of Education, is authorized to 3 recommend a multicultural educational program, designed for the 4 students of the schools in this Commonwealth and for all other 5 residents thereof, with emphasis on foreign cultural and 6 language studies, as well as on the basic shared precepts and 7 principles of United States culture, in order to promote 8 cultural understanding and appreciation and to further good will 9 among all persons, without regard to genetic information, race, 10 color, familial status, religious creed, ancestry, age, sex, 11 national origin, handicap or disability. 12 Section 5. Section 12 of the act, amended December 20, 1991 13 (P.L.414, No.51), is amended to read: 14 Section 12. Construction and Exclusiveness of Remedy.-- 15 (a) The provisions of this act shall be construed liberally 16 for the accomplishment of the purposes thereof, and any law 17 inconsistent with any provisions hereof shall not apply. 18 (b) Except as provided in subsection (c), nothing contained 19 in this act shall be deemed to repeal or supersede any of the 20 provisions of any existing or hereafter adopted municipal 21 ordinance, municipal charter or of any law of this Commonwealth 22 relating to discrimination because of genetic information, 23 race, color, familial status, religious creed, ancestry, age, 24 sex, national origin or handicap or disability, but as to acts 25 declared unlawful by section five of this act the procedure 26 herein provided shall, when invoked, be exclusive and the final 27 determination therein shall exclude any other action, civil or 28 criminal, based on the same grievance of the complainant 29 concerned. If the complainant institutes any action based on 30 such grievance without resorting to the procedure provided in 20070H0434B0502 - 29 -
1 this act, such complainant may not subsequently resort to the 2 procedure herein. In the event of a conflict between the 3 interpretation of a provision of this act and the interpretation 4 of a similar provision contained in any municipal ordinance, the 5 interpretation of the provision in this act shall apply to such 6 municipal ordinance. 7 (c) (1) In cases involving a claim of discrimination, if a 8 complainant invokes the procedures set forth in this act, that 9 individual's right of action in the courts of the Commonwealth 10 shall not be foreclosed. If within one (1) year after the filing 11 of a complaint with the Commission, the Commission dismisses the 12 complaint or has not entered into a conciliation agreement to 13 which the complainant is a party, the Commission must so notify 14 the complainant. On receipt of such a notice the complainant 15 shall be able to bring an action in the courts of common pleas 16 of the Commonwealth based on the right to freedom from 17 discrimination granted by this act. 18 (2) An action under this subsection shall be filed within 19 two years after the date of notice from the Commission closing 20 the complaint. Any complaint so filed shall be served on the 21 Commission at the time the complaint is filed in court. The 22 Commission shall notify the complainant of this requirement. 23 (3) If the court finds that the respondent has engaged in or 24 is engaging in an unlawful discriminatory practice charged in 25 the complaint, the court shall enjoin the respondent from 26 engaging in such unlawful discriminatory practice and order 27 affirmative action which may include, but is not limited to, 28 reinstatement or hiring of employes, granting of back pay, or 29 any other legal or equitable relief as the court deems 30 appropriate. Back pay liability shall not accrue from a date 20070H0434B0502 - 30 -
1 more than three years prior to the filing of a complaint 2 charging violations of this act. 3 (4) The court shall serve upon the Commission any final 4 order issued in any action brought under this subsection. 5 (c.1) Notwithstanding subsections (a) and (c) or any other 6 provision of this act, nothing in this act shall be deemed to 7 authorize imposition by the Commission of remedial quota relief 8 in cases involving hiring or promoting of employes of the 9 Commonwealth, its agencies or instrumentalities or employes of 10 local governments and school districts in this Commonwealth. 11 This subsection shall not, however, prohibit the voluntary 12 adoption of an affirmative action plan designed to assure that 13 all persons are accorded equality of opportunity in employment. 14 (c.2) If, after a trial held pursuant to subsection (c), the 15 court of common pleas finds that a defendant engaged in or is 16 engaging in any unlawful discriminatory practice as defined in 17 this act, the court may award attorney fees and costs to the 18 prevailing plaintiff. 19 (c.3) If, after a trial held pursuant to subsection (c), the 20 court of common pleas finds that a defendant has not engaged in 21 or is not engaging in any unlawful discriminatory practice as 22 defined in this act, the court may award attorney fees and costs 23 to the prevailing defendant if the defendant proves that the 24 complaint was brought in bad faith. 25 (d) Nothing in this act shall be construed to require any 26 employer to hire any person with a job-related handicap or 27 disability. 28 (e) The time limits for filing under any complaint or other 29 pleading under this act shall be subject to waiver, estoppel and 30 equitable tolling. 20070H0434B0502 - 31 -
1 (f) Nothing in this act shall be constructed as superseding 2 any provision of the act of October 15, 1980 (P.L.950, No.164), 3 known as the "Commonwealth Attorneys Act." All court actions 4 commenced by or against the Commission shall be subject to the 5 provisions of that act. 6 Section 6. This act shall take effect in 60 days. A30L43JLW/20070H0434B0502 - 32 -