PRINTER'S NO. 838
No. 761 Session of 2007
INTRODUCED BY BROWNE, HUGHES, LAVALLE, BOSCOLA, COSTA, FONTANA,
FERLO, TARTAGLIONE, MELLOW, ERICKSON, STOUT, C. WILLIAMS,
McILHINNEY, KITCHEN, WASHINGTON, FUMO, A. WILLIAMS, O'PAKE,
WOZNIAK, DINNIMAN AND STACK, APRIL 12, 2007
REFERRED TO JUDICIARY, APRIL 12, 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," further providing for findings and declaration of
12 policy, for right to freedom from discrimination, housing and
13 public accommodation; defining "sexual orientation" and
14 "gender identity or expression"; and further providing for
15 unlawful discriminatory practices, for powers and duties of
16 commission, for education program and for construction and
17 exclusiveness of remedy.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The title and sections 2 and 3 of the act of
21 October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
22 Human Relations Act, amended December 20, 1991 (P.L.414, No.51),
23 are amended to read:
24 AN ACT
1 Prohibiting certain practices of discrimination because of race,
2 color, religious creed, ancestry, sexual orientation, gender
3 identity or expression, age or national origin, by employers,
4 employment agencies, labor organizations and others as herein
5 defined; creating the Pennsylvania Human Relations Commission
6 in the Governor's Office; defining its functions, powers and
7 duties; providing for procedure and enforcement; providing
8 for formulation of an educational program to prevent
9 prejudice; providing for judicial review and enforcement and
10 imposing penalties.
11 Section 2. Findings and Declaration of Policy.--
12 (a) The practice or policy of discrimination against
13 individuals or groups by reason of their race, color, familial
14 status, religious creed, ancestry, sexual orientation, gender
15 identity or expression, age, sex, national origin, handicap or
16 disability, use of guide or support animals because of the
17 blindness, deafness or physical handicap of the user or because
18 the user is a handler or trainer of support or guide animals is
19 a matter of concern of the Commonwealth. Such discrimination
20 foments domestic strife and unrest, threatens the rights and
21 privileges of the inhabitants of the Commonwealth, and
22 undermines the foundations of a free democratic state. The
23 denial of equal employment, housing and public accommodation
24 opportunities because of such discrimination, and the consequent
25 failure to utilize the productive capacities of individuals to
26 their fullest extent, deprives large segments of the population
27 of the Commonwealth of earnings necessary to maintain decent
28 standards of living, necessitates their resort to public relief
29 and intensifies group conflicts, thereby resulting in grave
30 injury to the public health and welfare, compels many
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1 individuals to live in dwellings which are substandard,
2 unhealthful and overcrowded, resulting in racial segregation in
3 public schools and other community facilities, juvenile
4 delinquency and other evils, thereby threatening the peace,
5 health, safety and general welfare of the Commonwealth and its
6 inhabitants.
7 (b) It is hereby declared to be the public policy of this
8 Commonwealth to foster the employment of all individuals in
9 accordance with their fullest capacities regardless of their
10 race, color, religious creed, ancestry, sexual orientation,
11 gender identity or expression, age, sex, national origin,
12 handicap or disability, use of guide or support animals because
13 of the blindness, deafness or physical handicap of the user or
14 because the user is a handler or trainer of support or guide
15 animals, and to safeguard their right to obtain and hold
16 employment without such discrimination, to assure equal
17 opportunities to all individuals and to safeguard their rights
18 to public accommodation and to secure housing accommodation and
19 commercial property regardless of race, color, familial status,
20 religious creed, ancestry, sexual orientation, gender identity
21 or expression, age, sex, national origin, handicap or
22 disability, use of guide or support animals because of blindness
23 or deafness of the user or because the user is a handler or
24 trainer of guide or support animals.
25 (c) This act shall be deemed an exercise of the police power
26 of the Commonwealth for the protection of the public welfare,
27 prosperity, health and peace of the people of the Commonwealth
28 of Pennsylvania.
29 Section 3. Right to Freedom from Discrimination in
30 Employment, Housing and Public Accommodation.--The opportunity
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1 for an individual to obtain employment for which he is
2 qualified, and to obtain all the accommodations, advantages,
3 facilities and privileges of any public accommodation and of any
4 housing accommodation and commercial property without
5 discrimination because of race, color, familial status,
6 religious creed, ancestry, sexual orientation, gender identity
7 or expression, handicap or disability, age, sex, national
8 origin, the use of a guide or support animal because of the
9 blindness, deafness or physical handicap of the user or because
10 the user is a handler or trainer of support or guide animals is
11 hereby recognized as and declared to be a civil right which
12 shall be enforceable as set forth in this act.
13 Section 2. Section 4(b) of the act, amended December 20,
14 1991 (P.L.414, No.51), is amended and the section is amended by
15 adding clauses to read:
16 Section 4. Definitions.--As used in this act unless a
17 different meaning clearly appears from the context:
18 * * *
19 (b) The term "employer" includes the Commonwealth or any
20 political subdivision or board, department, commission or school
21 district thereof and any person employing four or more persons
22 within the Commonwealth, but except as hereinafter provided,
23 does not include religious, fraternal, charitable or sectarian
24 corporations or associations, except such corporations or
25 associations supported, in whole or in part, by governmental
26 appropriations. The term "employer" with respect to
27 discriminatory practices based on race, color, age, sex,
28 national origin, sexual orientation, gender identity or
29 expression or non-job related handicap or disability, includes
30 religious, fraternal, charitable and sectarian corporations and
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1 associations employing four or more persons within the
2 Commonwealth.
3 * * *
4 (bb) The term "sexual orientation" means actual or perceived
5 heterosexuality, homosexuality or bisexuality.
6 (cc) The term "gender identity or expression" means actual
7 or perceived gender identity, appearance, behavior, expression
8 or physical characteristics whether or not associated with an
9 individual's assigned sex at birth.
10 Section 3. Section 5(a), (b), (c), (f), (g), (h) and (i) of
11 the act, amended or added December 20, 1991 (P.L.414, No.51),
12 July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326,
13 No.34), are amended to read:
14 Section 5. Unlawful Discriminatory Practices.--It shall be
15 an unlawful discriminatory practice, unless based upon a bona
16 fide occupational qualification, or in the case of a fraternal
17 corporation or association, unless based upon membership in such
18 association or corporation, or except where based upon
19 applicable security regulations established by the United States
20 or the Commonwealth of Pennsylvania:
21 (a) For any employer because of the race, color, religious
22 creed, ancestry, sexual orientation, gender identity or
23 expression, age, sex, national origin or non-job related
24 handicap or disability or the use of a guide or support animal
25 because of the blindness, deafness or physical handicap of any
26 individual or independent contractor, to refuse to hire or
27 employ or contract with, or to bar or to discharge from
28 employment such individual or independent contractor, or to
29 otherwise discriminate against such individual or independent
30 contractor with respect to compensation, hire, tenure, terms,
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1 conditions or privileges of employment or contract, if the
2 individual or independent contractor is the best able and most
3 competent to perform the services required. The provision of
4 this paragraph shall not apply, to (1) operation of the terms or
5 conditions of any bona fide retirement or pension plan which
6 have the effect of a minimum service requirement, (2) operation
7 of the terms or conditions of any bona fide group or employe
8 insurance plan, (3) age limitations placed upon entry into bona
9 fide apprenticeship programs of two years or more approved by
10 the State Apprenticeship and Training Council of the Department
11 of Labor and Industry, established by the act of July 14, 1961
12 (P.L.604, No.304), known as "The Apprenticeship and Training
13 Act." Notwithstanding any provision of this clause, it shall not
14 be an unlawful employment practice for a religious corporation
15 or association to hire or employ on the basis of sex in those
16 certain instances where sex is a bona fide occupational
17 qualification because of the religious beliefs, practices, or
18 observances of the corporation, or association.
19 (b) For any employer, employment agency or labor
20 organization, prior to the employment, contracting with an
21 independent contractor or admission to membership, to:
22 (1) Elicit any information or make or keep a record of or
23 use any form of application or application blank containing
24 questions or entries concerning the race, color, religious
25 creed, ancestry, sexual orientation, gender identity or
26 expression, age, sex, national origin, past handicap or
27 disability or the use of a guide or support animal because of
28 the blindness, deafness or physical handicap of any applicant
29 for employment or membership. Prior to an offer of employment,
30 an employer may not inquire as to whether an individual has a
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1 handicap or disability or as to the severity of such handicap or
2 disability. An employer may inquire as to the individual's
3 ability to perform the essential functions of the employment.
4 (2) Print or publish or cause to be printed or published any
5 notice or advertisement relating to employment or membership
6 indicating any preference, limitation, specification or
7 discrimination based upon race, color, religious creed,
8 ancestry, sexual orientation, gender identity or expression,
9 age, sex, national origin, non-job related handicap or
10 disability or the use of a guide or support animal because of
11 the blindness, deafness or physical handicap of the user.
12 (3) Deny or limit, through a quota system, employment or
13 membership because of race, color, religious creed, ancestry,
14 sexual orientation, gender identity or expression, age, sex,
15 national origin, non-job related handicap or disability, the use
16 of a guide or support animal because of the blindness, deafness
17 or physical handicap of the user or place of birth.
18 (4) Substantially confine or limit recruitment or hiring of
19 individuals, with intent to circumvent the spirit and purpose of
20 this act, to any employment agency, employment service, labor
21 organization, training school or training center or any other
22 employe-referring source which services individuals who are
23 predominantly of the same race, color, religious creed,
24 ancestry, sexual orientation, gender identity or expression,
25 age, sex, national origin or non-job related handicap or
26 disability.
27 (5) Deny employment because of a prior handicap or
28 disability.
29 Nothing in clause (b) of this section shall bar any
30 institution or organization for handicapped or disabled persons
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1 from limiting or giving preference in employment or membership
2 to handicapped or disabled persons.
3 (c) For any labor organization because of the race, color,
4 religious creed, ancestry, sexual orientation, gender identity
5 or expression, age, sex, national origin, non-job related
6 handicap or disability or the use of a guide or support animal
7 because of the blindness, deafness or physical handicap of any
8 individual to deny full and equal membership rights to any
9 individual or otherwise to discriminate against such individuals
10 with respect to hire, tenure, terms, conditions or privileges of
11 employment or any other matter, directly or indirectly, related
12 to employment.
13 * * *
14 (f) For any employment agency to fail or refuse to classify
15 properly, refer for employment or otherwise to discriminate
16 against any individual because of his race, color, religious
17 creed, ancestry, sexual orientation, gender identity or
18 expression, age, sex, national origin, non-job related handicap
19 or disability or the use of a guide or support animal because of
20 the blindness, deafness or physical handicap of the user.
21 (g) For any individual seeking employment to publish or
22 cause to be published any advertisement which in any manner
23 expresses a limitation or preference as to the race, color,
24 religious creed, ancestry, sexual orientation, gender identity
25 or expression, age, sex, national origin, non-job related
26 handicap or disability or the use of a guide or support animal
27 because of the blindness, deafness or physical handicap of any
28 prospective employer.
29 (h) For any person to:
30 (1) Refuse to sell, lease, finance or otherwise to deny or
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1 withhold any housing accommodation or commercial property from
2 any person because of the race, color, familial status, age,
3 religious creed, ancestry, sexual orientation, gender identity
4 or expression, sex, national origin or handicap or disability of
5 any person, prospective owner, occupant or user of such housing
6 accommodation or commercial property, or to refuse to lease any
7 housing accommodation or commercial property to any person due
8 to use of a guide animal because of the blindness or deafness of
9 the user, use of a support animal because of a physical handicap
10 of the user or because the user is a handler or trainer of
11 support or guide animals or because of the handicap or
12 disability of an individual with whom the person is known to
13 have a relationship or association.
14 (1.1) Evict or attempt to evict an occupant of any housing
15 accommodation before the end of the term of a lease because of
16 pregnancy or the birth of a child.
17 (2) Refuse to lend money, whether or not secured by mortgage
18 or otherwise for the acquisition, construction, rehabilitation,
19 repair or maintenance of any housing accommodation or commercial
20 property or otherwise withhold financing of any housing
21 accommodation or commercial property from any person because of
22 the race, color, familial status, age, religious creed,
23 ancestry, sexual orientation, gender identity or expression,
24 sex, national origin, handicap or disability of any person, the
25 use of a guide or support animal because of the blindness,
26 deafness or physical handicap of the user or because the user is
27 a handler or trainer of support or guide animals or because of
28 the handicap or disability of an individual with whom the person
29 is known to have a relationship or association.
30 (3) Discriminate against any person in the terms or
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1 conditions of selling or leasing any housing accommodation or
2 commercial property or in furnishing facilities, services or
3 privileges in connection with the ownership, occupancy or use of
4 any housing accommodation or commercial property because of the
5 race, color, familial status, age, religious creed, ancestry,
6 sexual orientation, gender identity or expression, sex, national
7 origin, handicap or disability of any person, the use of a guide
8 or support animal because of the blindness, deafness or physical
9 handicap of the user or because the user is a handler or trainer
10 of support or guide animals or because of the handicap or
11 disability of an individual with whom the person is known to
12 have a relationship or association.
13 (3.1) Refuse to permit, at the expense of a person with a
14 handicap, reasonable modifications of existing premises occupied
15 or to be occupied by such person if such modifications may be
16 necessary to afford such person full enjoyment of the premises,
17 except that, in the case of a rental, the landlord may, where it
18 is reasonable to do so, grant permission for a modification if
19 the renter agrees to restore the interior of the premises to the
20 condition that existed before the modification, with reasonable
21 wear and tear excepted.
22 (3.2) Refuse to make reasonable accommodations in rules,
23 policies, practices or services when such accommodations may be
24 necessary to afford such person equal opportunity to use and
25 enjoy a housing accommodation.
26 (4) Discriminate against any person in the terms or
27 conditions of any loan of money, whether or not secured by
28 mortgage or otherwise for the acquisition, construction,
29 rehabilitation, repair or maintenance of housing accommodation
30 or commercial property because of the race, color, familial
20070S0761B0838 - 10 -
1 status, age, religious creed, ancestry, sexual orientation,
2 gender identity or expression, sex, national origin or handicap
3 or disability of any person, the use of a guide or support
4 animal because of the blindness, deafness or physical handicap
5 of the user or because the user is a handler or trainer of guide
6 or support animals or because of the handicap or disability of
7 an individual with whom the person is known to have a
8 relationship or association.
9 (5) Print, publish or circulate any statement or
10 advertisement: (i) relating to the sale, lease or acquisition of
11 any housing accommodation or commercial property or the loan of
12 money, whether or not secured by mortgage, or otherwise for the
13 acquisition, construction, rehabilitation, repair or maintenance
14 of any housing accommodation or commercial property which
15 indicates any preference, limitation, specification, or
16 discrimination based upon race, color, familial status, age,
17 religious creed, ancestry, sexual orientation, gender identity
18 or expression, sex, national origin, handicap or disability or
19 because of the handicap or disability of an individual with whom
20 the person is known to have a relationship or association, or
21 (ii) relating to the sale, lease or acquisition of any housing
22 accommodation or commercial property which indicates any
23 preference, limitation, specification or discrimination based
24 upon use of a guide or support animal because of the blindness,
25 deafness or physical handicap of the user or because the user is
26 a handler or trainer of support or guide animals.
27 (6) Make any inquiry, elicit any information, make or keep
28 any record or use any form of application, containing questions
29 or entries concerning race, color, familial status, age,
30 religious creed, ancestry, sexual orientation, gender identity
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1 or expression, sex, national origin, handicap or disability or
2 because of the handicap or disability of an individual with whom
3 the person is known to have a relationship or association in
4 connection with the sale or lease of any housing accommodation
5 or commercial property or loan of any money, whether or not
6 secured by mortgage or otherwise for the acquisition,
7 construction, rehabilitation, repair or maintenance of any
8 housing accommodation or commercial property, or to make any
9 inquiry, elicit any information, make or keep any record or use
10 any form of application, containing questions or entries
11 concerning the use of a guide or support animal because of the
12 blindness, deafness or physical handicap of the user or because
13 the user is a handler or trainer of support or guide animals, in
14 connection with the lease of any housing accommodation or
15 commercial property.
16 (7) Construct, operate, offer for sale, lease or rent or
17 otherwise make available housing or commercial property which is
18 not accessible.
19 (8) Discriminate in real estate-related transactions, as
20 described by and subject to the following:
21 (i) It shall be unlawful for any person or other entity
22 whose business includes engaging in real estate-related
23 transactions to discriminate against any person in making
24 available such a transaction or in the terms or conditions of
25 such a transaction because of race, color, religious creed,
26 ancestry, sexual orientation, gender identity or expression,
27 national origin, sex, age, handicap or disability, use of a
28 guide or support animal because of a physical handicap or
29 because the user is a handler or trainer of guide or support
30 animals or familial status.
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1 (ii) Nothing in this act prohibits a person engaged in the
2 business of furnishing appraisals of real property to take into
3 consideration factors other than race, color, religious creed,
4 ancestry, sexual orientation, gender identity or expression,
5 national origin, sex, age, handicap or disability, use of a
6 guide or support animal because of a physical handicap or
7 because the user is a handler or trainer of guide or support
8 animals or familial status.
9 (9) Nothing in this clause, regarding age or familial
10 status, shall apply with respect to housing for older persons. A
11 person shall not be held personally liable for monetary damages
12 for a violation of this act if the person reasonably relied, in
13 good faith, on the application of the exemption of this
14 subclause. A person may only prove good faith reliance on the
15 application of the exemption of this subclause by proving that
16 at the time of the act complained of all of the following
17 applied:
18 (i) The person had no actual knowledge that the housing was
19 not eligible for exemption under this subclause.
20 (ii) The owner or manager of the housing had stated
21 formally, in writing, that the housing complied with the
22 requirements for exemption under this subclause.
23 (10) Nothing in this clause shall bar any religious or
24 denominational institution or organization or any charitable or
25 educational organization which is operated, supervised or
26 controlled by or in connection with a religious organization or
27 any bona fide private or fraternal organization from giving
28 preference to persons of the same religion or denomination or to
29 members of such private or fraternal organization or from making
30 such selection as is calculated by such organization to promote
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1 the religious principles or the aims, purposes or fraternal
2 principles for which it is established or maintained. Nor shall
3 it apply to the rental of rooms in a landlord-occupied rooming
4 house with a common entrance, nor with respect to discrimination
5 based on sex, the advertising, rental or leasing of housing
6 accommodations in a single-sex dormitory or rooms in one's
7 personal residence in which common living areas are shared.
8 (11) Nothing in this act limits the applicability of the
9 Fair Housing Act and reasonable State or local restrictions on
10 the maximum number of occupants permitted to occupy a dwelling
11 or a reasonable restriction relating to health or safety
12 standards or business necessity. Owners and managers of
13 dwellings may develop and implement reasonable occupancy and
14 safety standards based on factors such as the number and size of
15 sleeping areas or bedrooms and the overall size of a dwelling
16 unit so long as the standards do not violate the Fair Housing
17 Act or State or local restrictions.
18 (i) For any person being the owner, lessee, proprietor,
19 manager, superintendent, agent or employe of any public
20 accommodation, resort or amusement to:
21 (1) Refuse, withhold from, or deny to any person because of
22 his race, color, sex, religious creed, ancestry, sexual
23 orientation, gender identity or expression, national origin or
24 handicap or disability, or to any person due to use of a guide
25 or support animal because of the blindness, deafness or physical
26 handicap of the user or because the user is a handler or trainer
27 of support or guide animals, either directly or indirectly, any
28 of the accommodations, advantages, facilities or privileges of
29 such public accommodation, resort or amusement.
30 (2) Publish, circulate, issue, display, post or mail, either
20070S0761B0838 - 14 -
1 directly or indirectly, any written or printed communication,
2 notice or advertisement to the effect that any of the
3 accommodations, advantages, facilities and privileges of any
4 such place shall be refused, withheld from or denied to any
5 person on account of race, color, religious creed, sex,
6 ancestry, sexual orientation, gender identity or expression,
7 national origin or handicap or disability, or to any person due
8 to use of a guide or support animal because of the blindness,
9 deafness or physical handicap of the user, or because the user
10 is a handler or trainer of support or guide animals, or that the
11 patronage or custom thereat of any person, belonging to or
12 purporting to be of any particular race, color, religious creed,
13 sex, ancestry, sexual orientation, gender identity or
14 expression, national origin or handicap or disability, or to any
15 person due to use of a guide or support animal because of the
16 blindness, deafness or physical handicap of the user or because
17 the user is a handler or trainer of support or guide animals, is
18 unwelcome, objectionable or not acceptable, desired or
19 solicited.
20 (3) Exclude or otherwise deny equal goods, services,
21 facilities, privileges, advantages, accommodations or other
22 opportunities to a person because of the handicap or disability
23 of an individual with whom the person is known to have a
24 relationship or association.
25 (4) Construct, operate or otherwise make available such
26 place of public accommodation, resort or amusement which is not
27 accessible.
28 * * *
29 Section 4. Sections 5.3 and 7(i), (j) and (k) of the act,
30 amended December 20, 1991 (P.L.414, No.51), are amended to read:
20070S0761B0838 - 15 -
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 race, color, familial status, age, religious creed, ancestry,
11 sexual orientation, gender identity or expression, sex, national
12 origin, handicap or disability, or who are guide or support
13 animal dependent.
14 (b) Discourage, or attempt to discourage, for commercial
15 profit, the purchase or lease of any housing accommodation or
16 commercial property by representing that such housing
17 accommodation or commercial property is within any neighborhood,
18 community or area adjacent to any other area in which there
19 reside, or may in the future reside in increased or decreased
20 numbers, persons of a particular race, color, familial status,
21 age, religious creed, ancestry, sexual orientation, gender
22 identity or expression, sex, national origin, handicap or
23 disability, or who are guide or support animal dependent.
24 (c) Misrepresent, create or distort a circumstance,
25 condition or incident for the purpose of fostering the
26 impression or belief, on the part of any owner, occupant or
27 prospective owner or occupant of any housing accommodation or
28 commercial property, that such housing accommodation or
29 commercial property is within any neighborhood, community or
30 area adjacent to any other area which would be adversely
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1 impacted by the residence, or future increased or decreased
2 residence, of persons of a particular race, color, familial
3 status, age, religious creed, ancestry, sexual orientation,
4 gender identity or expression, sex, national origin, handicap or
5 disability, or who are guide or support animal dependent within
6 such neighborhood, community or area.
7 (d) In any way misrepresent or otherwise misadvertise within
8 a neighborhood or community, whether or not in writing, that any
9 housing accommodation or commercial property within such
10 neighborhood or community is available for inspection, sale,
11 lease, sublease or other transfer, in any context where such
12 misrepresentation or misadvertising would have the effect of
13 fostering an impression or belief that there has been or will be
14 an increase in real estate activity within such neighborhood or
15 community due to the residence, or anticipated increased or
16 decreased residence, of persons of a particular race, color,
17 familial status, age, religious creed, ancestry, sexual
18 orientation, gender identity or expression, sex, national
19 origin, handicap or disability, or the use of a guide or support
20 animal because of the blindness, deafness or physical handicap
21 of the user.
22 Section 7. Powers and Duties of the Commission.--The
23 Commission shall have the following powers and duties:
24 * * *
25 (i) To create such advisory agencies and conciliation
26 councils, local or state-wide, as will aid in effectuating the
27 purposes of this act. The Commission may itself or it may
28 empower these agencies and councils to (1) study the problems of
29 discrimination in all or specific fields of human relationships
30 when based on race, color, familial status, religious creed,
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1 ancestry, sexual orientation, gender identity or expression,
2 age, sex, national origin or handicap or disability, and (2)
3 foster, through community effort or otherwise, good will among
4 the groups and elements of the population of the State. Such
5 agencies and councils may make recommendations to the Commission
6 for the development of policies and procedure in general.
7 Advisory agencies and conciliation councils created by the
8 Commission shall be composed of representative citizens, serving
9 without pay, but the Commission may make provision for technical
10 and clerical assistance to such agencies and councils, and for
11 the payment of the expenses of such assistance.
12 (j) To issue such publications and such results of
13 investigations and research as, in its judgment, will tend to
14 promote good will and minimize or eliminate discrimination
15 because of race, color, familial status, religious creed,
16 ancestry, sexual orientation, gender identity or expression,
17 age, sex, national origin or handicap or disability.
18 (k) To submit an annual report for each fiscal year by the
19 following March 31 to the General Assembly, the Labor and
20 Industry Committee of the Senate and the State Government
21 Committee of the House of Representatives and the Governor
22 describing in detail the types of complaints received, the
23 investigations, status of cases, Commission action which has
24 been taken, how many were found to have probable cause, how many
25 were resolved by public hearing and the length of time from the
26 initial complaint to final Commission resolution. It shall also
27 contain recommendations for such further legislation concerning
28 abuses and discrimination because of race, color, familial
29 status, religious creed, ancestry, sexual orientation, gender
30 identity or expression, national origin, age, sex, handicap or
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1 disability or the use of a guide or support animal because of
2 the blindness, deafness or physical handicap of the user or
3 because the user is a handler or trainer of support or guide
4 animals, as may be desirable.
5 * * *
6 Section 5. Section 8 of the act, amended July 12, 1996
7 (P.L.684, No.117), is amended to read:
8 Section 8. Educational Program.--The Commission, in
9 cooperation with the Department of Education, is authorized to
10 recommend a multicultural educational program, designed for the
11 students of the schools in this Commonwealth and for all other
12 residents thereof, with emphasis on foreign cultural and
13 language studies, as well as on the basic shared precepts and
14 principles of United States culture, in order to promote
15 cultural understanding and appreciation and to further good will
16 among all persons, without regard to race, color, familial
17 status, religious creed, ancestry, sexual orientation, gender
18 identity or expression, age, sex, national origin, handicap or
19 disability.
20 Section 6. Section 12(b) of the act, amended December 20,
21 1991 (P.L.414, No.51), is amended to read:
22 Section 12. Construction and Exclusiveness of Remedy.--
23 * * *
24 (b) Except as provided in subsection (c), nothing contained
25 in this act shall be deemed to repeal or supersede any of the
26 provisions of any existing or hereafter adopted municipal
27 ordinance, municipal charter or of any law of this Commonwealth
28 relating to discrimination because of race, color, familial
29 status, religious creed, ancestry, sexual orientation, gender
30 identity or expression, age, sex, national origin or handicap or
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1 disability, but as to acts declared unlawful by section five of
2 this act the procedure herein provided shall, when invoked, be
3 exclusive and the final determination therein shall exclude any
4 other action, civil or criminal, based on the same grievance of
5 the complainant concerned. If the complainant institutes any
6 action based on such grievance without resorting to the
7 procedure provided in this act, such complainant may not
8 subsequently resort to the procedure herein. In the event of a
9 conflict between the interpretation of a provision of this act
10 and the interpretation of a similar provision contained in any
11 municipal ordinance, the interpretation of the provision in this
12 act shall apply to such municipal ordinance.
13 * * *
14 Section 7. This act shall take effect in 60 days.
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