THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, CUTLER, SIPTROTH, CARROLL, FREEMAN, GIBBONS, W. KELLER, KORTZ, KULA, LONGIETTI, McGEEHAN, MELIO, MENSCH, MUNDY, MUSTIO, M. O'BRIEN, STABACK, VULAKOVICH AND YOUNGBLOOD, MARCH 10, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 2009  

AN ACT

Amending the act of October 27, 1955 (P.L.744, No.222),

entitled, as amended, "An act prohibiting certain practices

of discrimination because of race, color, religious creed,

ancestry, age or national origin by employers, employment

agencies, labor organizations and others as herein defined;

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties," prohibiting certain practices of discrimination

because of genetic information.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and sections 2 and 3 of the act of

October 27, 1955 (P.L.744, No.222), known as the Pennsylvania

Human Relations Act, amended December 20, 1991 (P.L.414, No.51),

are amended to read:

AN ACT

Prohibiting certain practices of discrimination because of

genetic information, race, color, religious creed, ancestry,

age or national origin by employers, employment agencies,

labor organizations and others as herein defined; creating

the Pennsylvania Human Relations Commission in the Governor's

Office; defining its functions, powers and duties; providing

for procedure and enforcement; providing for formulation of

an educational program to prevent prejudice; providing for

judicial review and enforcement and imposing penalties.

Section 2.  Findings and Declaration of Policy.--

(a)  The practice or policy of discrimination against

individuals or groups by reason of their genetic information, 

race, color, familial status, religious creed, ancestry, age,

sex, national origin, handicap or disability, use of guide or

support animals because of the blindness, deafness or physical

handicap of the user or because the user is a handler or trainer

of support or guide animals is a matter of concern of the

Commonwealth. Such discrimination foments domestic strife and

unrest, threatens the rights and privileges of the inhabitants

of the Commonwealth, and undermines the foundations of a free

democratic state. The denial of equal employment, housing and

public accommodation opportunities because of such

discrimination, and the consequent failure to utilize the

productive capacities of individuals to their fullest extent,

deprives large segments of the population of the Commonwealth of

earnings necessary to maintain decent standards of living,

necessitates their resort to public relief and intensifies group

conflicts, thereby resulting in grave injury to the public

health and welfare, compels many individuals to live in

dwellings which are substandard, unhealthful and overcrowded,

resulting in racial segregation in public schools and other

community facilities, juvenile delinquency and other evils,

thereby threatening the peace, health, safety and general

welfare of the Commonwealth and its inhabitants.

(b)  It is hereby declared to be the public policy of this

Commonwealth to foster the employment of all individuals in

accordance with their fullest capacities regardless of their

race, color, religious creed, ancestry, age, sex, national

origin, handicap or disability, use of guide or support animals

because of the blindness, deafness or physical handicap of the

user or because the user is a handler or trainer of support or

guide animals, and to safeguard their right to obtain and hold

employment without such discrimination, to assure equal

opportunities to all individuals and to safeguard their rights

to public accommodation and to secure housing accommodation and

commercial property regardless of genetic information, race,

color, familial status, religious creed, ancestry, age, sex,

national origin, handicap or disability, use of guide or support

animals because of blindness or deafness of the user or because

the user is a handler or trainer of guide or support animals.

(c)  This act shall be deemed an exercise of the police power

of the Commonwealth for the protection of the public welfare,

prosperity, health and peace of the people of the Commonwealth

of Pennsylvania.

Section 3.  Right to Freedom from Discrimination in

Employment, Housing and Public Accommodation.--The opportunity

for an individual to obtain employment for which he is

qualified, and to obtain all the accommodations, advantages,

facilities and privileges of any public accommodation and of any

housing accommodation and commercial property without

discrimination because of genetic information, race, color,

familial status, religious creed, ancestry, handicap or

disability, age, sex, national origin, the use of a guide or

support animal because of the blindness, deafness or physical

handicap of the user or because the user is a handler or trainer

of support or guide animals is hereby recognized as and declared

to be a civil right which shall be enforceable as set forth in

this act.

Section 2.  Sections 4 and 5 of the act, amended December 20,

1991 (P.L.414, No.51), July 12, 1996 (P.L.684, No.117) and June

25, 1997 (P.L.326, No.34), are amended to read:

Section 4.  Definitions.--As used in this act unless a

different meaning clearly appears from the context:

(a)  The term "person" includes one or more individuals,

partnerships, associations, organizations, corporations, legal

representatives, trustees in bankruptcy or receivers. It also

includes, but is not limited to, any owner, lessor, assignor,

builder, manager, broker, salesman, agent, employe, independent

contractor, lending institution and the Commonwealth of

Pennsylvania, and all political subdivisions, authorities,

boards and commissions thereof.

(b)  The term "employer" includes the Commonwealth or any

political subdivision or board, department, commission or school

district thereof and any person employing four or more persons

within the Commonwealth, but except as hereinafter provided,

does not include religious, fraternal, charitable or sectarian

corporations or associations, except such corporations or

associations supported, in whole or in part, by governmental

appropriations. The term "employer" with respect to

discriminatory practices based on genetic information, race,

color, age, sex, national origin or non-job related handicap or

disability, includes religious, fraternal, charitable and

sectarian corporations and associations employing four or more

persons within the Commonwealth.

(c)  The term "employe" does not include (1) any individual

employed in agriculture or in the domestic service of any

person, (2) any individuals who, as a part of their employment,

reside in the personal residence of the employer, (3) any

individual employed by said individual's parents, spouse or

child.

(d)  The term "labor organizations" includes any organization

which exists for the purpose, in whole or in part, of collective

bargaining or of dealing with employers concerning grievances,

terms or conditions of employment or of other mutual aid or

protection in relation to employment.

(e)  The term "employment agency" includes any person

regularly undertaking, with or without compensation, to procure

opportunities to work or to procure, recruit, refer or place

employes.

(f)  The term "Commission" means the Pennsylvania Human

Relations Commission created by this act.

(g)  The term "discriminate" includes segregate.

(h)  The term "age" includes any person forty years of age or

older and shall also include any other person so protected by

further amendment to the Federal Age Discrimination in

Employment Act.

(i)  The term "housing accommodations" includes (1) any

building, structure, mobile home site or facility, or portion

thereof, which is used or occupied or is intended, arranged or

designed to be used or occupied as the home residence or

sleeping place of one or more individuals, groups or families

whether or not living independently of each other; and (2) any

vacant land offered for sale, lease or held for the purpose of

constructing or locating thereon any such building, structure,

mobile home site or facility. The term "housing accommodation"

shall not include any personal residence offered for rent by the

owner or lessee thereof or by his or her broker, salesperson,

agent or employe.

(j)  The term "commercial property" means (1) any building,

structure or facility, or portion thereof, which is used,

occupied or is intended, arranged or designed to be used or

occupied for the purpose of operating a business, an office, a

manufactory or any public accommodation; and (2) any vacant land

offered for sale, lease or held for the purpose of constructing

or locating thereon any such building, structure, facility,

business concern or public accommodation.

(k)  The term "personal residence" means a building or

structure containing living quarters occupied or intended to be

occupied by no more than two individuals, two groups or two

families living independently of each other and used by the

owner or lessee thereof as a bona fide residence for himself and

any members of his family forming his household.

(l)  The term "public accommodation, resort or amusement"

means any accommodation, resort or amusement which is open to,

accepts or solicits the patronage of the general public,

including but not limited to inns, taverns, roadhouses, hotels,

motels, whether conducted for the entertainment of transient

guests or for the accommodation of those seeking health,

recreation or rest, or restaurants or eating houses, or any

place where food is sold for consumption on the premises,

buffets, saloons, barrooms or any store, park or enclosure where

spirituous or malt liquors are sold, ice cream parlors,

confectioneries, soda fountains and all stores where ice cream,

ice and fruit preparations or their derivatives, or where

beverages of any kind are retailed for consumption on the

premises, drug stores, dispensaries, clinics, hospitals,

bathhouses, swimming pools, barber shops, beauty parlors, retail

stores and establishments, theatres, motion picture houses,

airdromes, roof gardens, music halls, race courses, skating

rinks, amusement and recreation parks, fairs, bowling alleys,

gymnasiums, shooting galleries, billiard and pool parlors,

public libraries, kindergartens, primary and secondary schools,

high schools, academies, colleges and universities, extension

courses and all educational institutions under the supervision

of this Commonwealth, nonsectarian cemeteries, garages and all

public conveyances operated on land or water or in the air as

well as the stations, terminals and airports thereof, financial

institutions and all Commonwealth facilities and services,

including such facilities and services of all political

subdivisions thereof, but shall not include any accommodations

which are in their nature distinctly private.

(m)  The term "political subdivision" means any county, city,

borough, incorporated town or township of this Commonwealth.

(n)  The term "legislative body" means the body or board

authorized by law to enact ordinances or adopt resolutions for

the political subdivision.

(o)  The term "local commission" means a Human Relations

Commission created by the legislative body of a political

subdivision.

(p)  The term "non-job related handicap or disability" means

any handicap or disability which does not substantially

interfere with the ability to perform the essential functions of

the employment which a handicapped person applies for, is

engaged in or has been engaged in. Uninsurability or increased

cost of insurance under a group or employe insurance plan does

not render a handicap or disability job related.

(p.1)  The term "handicap or disability," with respect to a

person, means:

(1)  a physical or mental impairment which substantially

limits one or more of such person's major life activities;

(2)  a record of having such an impairment; or

(3)  being regarded as having such an impairment, but such

term does not include current, illegal use of or addiction to a

controlled substance, as defined in section 102 of the

Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802).

(q)  The term "permanent hearing examiner" shall mean a full-

time employe who is an attorney.

(r)  The term "designated agent of the complainant" shall

mean an individual who is a para-legal under the supervision of

a practicing attorney.

(s)  The term "commercial profit" means any form of

compensation in money, or which can be measured in terms of

money.

(t)  The term "familial status" means one or more individuals

who have not attained the age of eighteen years being domiciled

with:

(1)  a parent or other person having legal custody of such

individual or individuals; or

(2)  the designee of such parent or other person having such

custody, with the written permission of such parent or other

person.

The protections afforded against discrimination on the basis of

familial status shall apply to any person who is pregnant or is

in the process of securing legal custody of any individual who

has not attained the age of 18 years.

(u)  The term "Fair Housing Act" means Public Law 90-284, 42

U.S.C. § 3601 et seq.

(v)  The term "accessible" means being in compliance with the

applicable standards set forth in the following:

(1)  the Fair Housing Act (Public Law 90-284, 42 U.S.C. §

3601 et seq.);

(2)  the Americans with Disabilities Act of 1990 (Public Law

101-336, 42 U.S.C. § 12101 et seq.); and

(3)  the act of September 1, 1965 (P.L.459, No.235),

entitled, as amended, "An act requiring that certain buildings

and facilities adhere to certain principles, standards and

specifications to make the same accessible to and usable by

persons with physical handicaps, and providing for enforcement."

(w)  (1)  The term "housing for older persons" means housing:

(i)  provided under any Federal or State program that the

Pennsylvania Human Relations Commission determines is

specifically designed and operated to assist elderly persons as

defined in the Federal or State program;

(ii)  is intended for and solely occupied by persons sixty-

two years of age or older; or

(iii)  is intended and operated for occupancy by at least one

person fifty-five years of age or older per unit.

(2)  In determining whether housing qualifies as housing for

older persons under this clause, the Pennsylvania Human

Relations Commission's requirements shall include, but not be

limited to, the following:

(ii)  At least eighty percent of the units are occupied by at

least one person fifty-five years of age or older per unit.

(iii)  There is publication of, and adherence to, policies

and procedures which demonstrate an intent by the owner or

manager to provide housing for persons fifty-five years of age

or older.

(iv)  The housing complies with regulations promulgated by

the Pennsylvania Human Relations Commission for verification of

occupancy. Regulations under this paragraph shall do all of the

following:

(A)  Provide for verification by reliable surveys and

affidavits. Surveys and affidavits under this subparagraph shall

be admissible in administrative and judicial proceedings for the

purpose of verification under this paragraph.

(B)  Include examples of the types of policies and procedures

relevant to a determination of compliance with the requirement

of paragraph (iii).

(3)  Housing shall not fail to meet the requirements for

housing for older persons by reason of unoccupied units provided

that such units are reserved for occupancy by persons who meet

the age requirements of this clause.

(x)  The term "independent contractor" includes any person

who is subject to the provisions governing any of the

professions and occupations regulated by State licensing laws

enforced by the Bureau of Professional and Occupational Affairs

in the Department of State, or is included in the Fair Housing

Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.).

(y)  The term "real estate-related transaction" means any of

the following:

(1)  The making or purchasing of loans or providing other

financial assistance for purchasing, constructing, improving,

repairing or maintaining a housing accommodation or commercial

property.

(2)  The purchasing, constructing, improving, repairing or

maintaining a housing accommodation or commercial property.

(3)  The selling, brokering or appraising of real property.

(z)  The term "advertisement" or "advertising" means any

advertisement and any similar written, printed, taped or

broadcast communication, notice, statement or the like which is

disseminated (whether published, printed, circulated, issued,

displayed, posted or mailed) for the purpose of promoting

housing activity, including, but not limited to, rentals, leases

and sales.

(aa)  The term "advertiser" means any person who places,

publishes, broadcasts or similarly causes to be disseminated by

any other means an advertisement or advertising as defined in

clause (z).

(bb)  The term "genetic information" means information about

genes, gene products, or inherited characteristics that may

derive from an individual or with respect to that individual,

another individual related by blood to that individual, or a

spouse or adopted child of the individual.

Section 5.  Unlawful Discriminatory Practices.--It shall be

an unlawful discriminatory practice, unless based upon a bona

fide occupational qualification, or in the case of a fraternal

corporation or association, unless based upon membership in such

association or corporation, or except where based upon

applicable security regulations established by the United States

or the Commonwealth of Pennsylvania:

(a)  For any employer because of the genetic information, 

race, color, religious creed, ancestry, age, sex, national

origin or non-job related handicap or disability or the use of a

guide or support animal because of the blindness, deafness or

physical handicap of any individual or independent contractor,

to refuse to hire or employ or contract with, or to bar or to

discharge from employment such individual or independent

contractor, or to otherwise discriminate against such individual

or independent contractor with respect to compensation, hire,

tenure, terms, conditions or privileges of employment or

contract, if the individual or independent contractor is the

best able and most competent to perform the services required.

The provision of this paragraph shall not apply, to (1)

operation of the terms or conditions of any bona fide retirement

or pension plan which have the effect of a minimum service

requirement, (2) operation of the terms or conditions of any

bona fide group or employe insurance plan, (3) age limitations

placed upon entry into bona fide apprenticeship programs of two

years or more approved by the State Apprenticeship and Training

Council of the Department of Labor and Industry, established by

the act of July 14, 1961 (P.L.604, No.304), known as "The

Apprenticeship and Training Act." Notwithstanding any provision

of this clause, it shall not be an unlawful employment practice

for a religious corporation or association to hire or employ on

the basis of sex in those certain instances where sex is a bona

fide occupational qualification because of the religious

beliefs, practices, or observances of the corporation, or

association.

(b)  For any employer, employment agency or labor

organization, prior to the employment, contracting with an

independent contractor or admission to membership, to:

(1)  Elicit any information or make or keep a record of or

use any form of application or application blank containing

questions or entries concerning the genetic information, race,

color, religious creed, ancestry, age, sex, national origin,

past handicap or disability or the use of a guide or support

animal because of the blindness, deafness or physical handicap

of any applicant for employment or membership. Prior to an offer

of employment, an employer may not inquire as to whether an

individual has a handicap or disability or as to the severity of

such handicap or disability. An employer may inquire as to the

individual's ability to perform the essential functions of the

employment.

(2)  Print or publish or cause to be printed or published any

notice or advertisement relating to employment or membership

indicating any preference, limitation, specification or

discrimination based upon genetic information, race, color,

religious creed, ancestry, age, sex, national origin, non-job

related handicap or disability or the use of a guide or support

animal because of the blindness, deafness or physical handicap

of the user.

(3)  Deny or limit, through a quota system, employment or

membership because of genetic information, race, color,

religious creed, ancestry, age, sex, national origin, non-job

related handicap or disability, the use of a guide or support

animal because of the blindness, deafness or physical handicap

of the user or place of birth.

(4)  Substantially confine or limit recruitment or hiring of

individuals, with intent to circumvent the spirit and purpose of

this act, to any employment agency, employment service, labor

organization, training school or training center or any other

employe-referring source which services individuals who are

predominantly of the same genetic information, race, color,

religious creed, ancestry, age, sex, national origin or non-job

related handicap or disability.

(5)  Deny employment because of a prior handicap or

disability.

Nothing in clause (b) of this section shall bar any

institution or organization for handicapped or disabled persons

from limiting or giving preference in employment or membership

to handicapped or disabled persons.

(c)  For any labor organization because of the genetic

information, race, color, religious creed, ancestry, age, sex,

national origin, non-job related handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of any individual to deny full and

equal membership rights to any individual or otherwise to

discriminate against such individuals with respect to hire,

tenure, terms, conditions or privileges of employment or any

other matter, directly or indirectly, related to employment.

(d)  For any person, employer, employment agency or labor

organization to discriminate in any manner against any

individual because such individual has opposed any practice

forbidden by this act, or because such individual has made a

charge, testified or assisted, in any manner, in any

investigation, proceeding or hearing under this act.

(e)  For any person, employer, employment agency, labor

organization or employe, to aid, abet, incite, compel or coerce

the doing of any act declared by this section to be an unlawful

discriminatory practice, or to obstruct or prevent any person

from complying with the provisions of this act or any order

issued thereunder, or to attempt, directly or indirectly, to

commit any act declared by this section to be an unlawful

discriminatory practice.

(f)  For any employment agency to fail or refuse to classify

properly, refer for employment or otherwise to discriminate

against any individual because of his genetic information, race,

color, religious creed, ancestry, age, sex, national origin,

non-job related handicap or disability or the use of a guide or

support animal because of the blindness, deafness or physical

handicap of the user.

(g)  For any individual seeking employment to publish or

cause to be published any advertisement which in any manner

expresses a limitation or preference as to the genetic

information, race, color, religious creed, ancestry, age, sex,

national origin, non-job related handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of any prospective employer.

(h)  For any person to:

(1)  Refuse to sell, lease, finance or otherwise to deny or

withhold any housing accommodation or commercial property from

any person because of the genetic information, race, color,

familial status, age, religious creed, ancestry, sex, national

origin or handicap or disability of any person, prospective

owner, occupant or user of such housing accommodation or

commercial property, or to refuse to lease any housing

accommodation or commercial property to any person due to use of

a guide animal because of the blindness or deafness of the user,

use of a support animal because of a physical handicap of the

user or because the user is a handler or trainer of support or

guide animals or because of the handicap or disability of an

individual with whom the person is known to have a relationship

or association.

(1.1)  Evict or attempt to evict an occupant of any housing

accommodation before the end of the term of a lease because of

pregnancy or the birth of a child.

(2)  Refuse to lend money, whether or not secured by mortgage

or otherwise for the acquisition, construction, rehabilitation,

repair or maintenance of any housing accommodation or commercial

property or otherwise withhold financing of any housing

accommodation or commercial property from any person because of

the genetic information, race, color, familial status, age,

religious creed, ancestry, sex, national origin, handicap or

disability of any person, the use of a guide or support animal

because of the blindness, deafness or physical handicap of the

user or because the user is a handler or trainer of support or

guide animals or because of the handicap or disability of an

individual with whom the person is known to have a relationship

or association.

(3)  Discriminate against any person in the terms or

conditions of selling or leasing any housing accommodation or

commercial property or in furnishing facilities, services or

privileges in connection with the ownership, occupancy or use of

any housing accommodation or commercial property because of the

genetic information, race, color, familial status, age,

religious creed, ancestry, sex, national origin, handicap or

disability of any person, the use of a guide or support animal

because of the blindness, deafness or physical handicap of the

user or because the user is a handler or trainer of support or

guide animals or because of the handicap or disability of an

individual with whom the person is known to have a relationship

or association.

(3.1)  Refuse to permit, at the expense of a person with a

handicap, reasonable modifications of existing premises occupied

or to be occupied by such person if such modifications may be

necessary to afford such person full enjoyment of the premises,

except that, in the case of a rental, the landlord may, where it

is reasonable to do so, grant permission for a modification if

the renter agrees to restore the interior of the premises to the

condition that existed before the modification, with reasonable

wear and tear excepted.

(3.2)  Refuse to make reasonable accommodations in rules,

policies, practices or services when such accommodations may be

necessary to afford such person equal opportunity to use and

enjoy a housing accommodation.

(4)  Discriminate against any person in the terms or

conditions of any loan of money, whether or not secured by

mortgage or otherwise for the acquisition, construction,

rehabilitation, repair or maintenance of housing accommodation

or commercial property because of the genetic information, race,

color, familial status, age, religious creed, ancestry, sex,

national origin or handicap or disability of any person, the use

of a guide or support animal because of the blindness, deafness

or physical handicap of the user or because the user is a

handler or trainer of guide or support animals or because of the

handicap or disability of an individual with whom the person is

known to have a relationship or association.

(5)  Print, publish or circulate any statement or

advertisement: (i) relating to the sale, lease or acquisition of

any housing accommodation or commercial property or the loan of

money, whether or not secured by mortgage, or otherwise for the

acquisition, construction, rehabilitation, repair or maintenance

of any housing accommodation or commercial property which

indicates any preference, limitation, specification, or

discrimination based upon genetic information, race, color,

familial status, age, religious creed, ancestry, sex, national

origin, handicap or disability or because of the handicap or

disability of an individual with whom the person is known to

have a relationship or association, or (ii) relating to the

sale, lease or acquisition of any housing accommodation or

commercial property which indicates any preference, limitation,

specification or discrimination based upon use of a guide or

support animal because of the blindness, deafness or physical

handicap of the user or because the user is a handler or trainer

of support or guide animals.

(6)  Make any inquiry, elicit any information, make or keep

any record or use any form of application, containing questions

or entries concerning genetic information, race, color, familial

status, age, religious creed, ancestry, sex, national origin,

handicap or disability or because of the handicap or disability

of an individual with whom the person is known to have a

relationship or association in connection with the sale or lease

of any housing accommodation or commercial property or loan of

any money, whether or not secured by mortgage or otherwise for

the acquisition, construction, rehabilitation, repair or

maintenance of any housing accommodation or commercial property,

or to make any inquiry, elicit any information, make or keep any

record or use any form of application, containing questions or

entries concerning the use of a guide or support animal because

of the blindness, deafness or physical handicap of the user or

because the user is a handler or trainer of support or guide

animals, in connection with the lease of any housing

accommodation or commercial property.

(7)  Construct, operate, offer for sale, lease or rent or

otherwise make available housing or commercial property which is

not accessible.

(8)  Discriminate in real estate-related transactions, as

described by and subject to the following:

(i)  It shall be unlawful for any person or other entity

whose business includes engaging in real estate-related

transactions to discriminate against any person in making

available such a transaction or in the terms or conditions of

such a transaction because of genetic information, race, color,

religious creed, ancestry, national origin, sex, age, handicap

or disability, use of a guide or support animal because of a

physical handicap or because the user is a handler or trainer of

guide or support animals or familial status.

(ii)  Nothing in this act prohibits a person engaged in the

business of furnishing appraisals of real property to take into

consideration factors other than genetic information, race,

color, religious creed, ancestry, national origin, sex, age,

handicap or disability, use of a guide or support animal because

of a physical handicap or because the user is a handler or

trainer of guide or support animals or familial status.

(9)  Nothing in this clause, regarding age or familial

status, shall apply with respect to housing for older persons. A

person shall not be held personally liable for monetary damages

for a violation of this act if the person reasonably relied, in

good faith, on the application of the exemption of this

subclause. A person may only prove good faith reliance on the

application of the exemption of this subclause by proving that

at the time of the act complained of all of the following

applied:

(i)  The person had no actual knowledge that the housing was

not eligible for exemption under this subclause.

(ii)  The owner or manager of the housing had stated

formally, in writing, that the housing complied with the

requirements for exemption under this subclause.

(10)  Nothing in this clause shall bar any religious or

denominational institution or organization or any charitable or

educational organization which is operated, supervised or

controlled by or in connection with a religious organization or

any bona fide private or fraternal organization from giving

preference to persons of the same religion or denomination or to

members of such private or fraternal organization or from making

such selection as is calculated by such organization to promote

the religious principles or the aims, purposes or fraternal

principles for which it is established or maintained. Nor shall

it apply to the rental of rooms in a landlord-occupied rooming

house with a common entrance, nor with respect to discrimination

based on sex, the advertising, rental or leasing of housing

accommodations in a single-sex dormitory or rooms in one's

personal residence in which common living areas are shared.

(11)  Nothing in this act limits the applicability of the

Fair Housing Act and reasonable State or local restrictions on

the maximum number of occupants permitted to occupy a dwelling

or a reasonable restriction relating to health or safety

standards or business necessity. Owners and managers of

dwellings may develop and implement reasonable occupancy and

safety standards based on factors such as the number and size of

sleeping areas or bedrooms and the overall size of a dwelling

unit so long as the standards do not violate the Fair Housing

Act or State or local restrictions.

(i)  For any person being the owner, lessee, proprietor,

manager, superintendent, agent or employe of any public

accommodation, resort or amusement to:

(1)  Refuse, withhold from, or deny to any person because of

his genetic information, race, color, sex, religious creed,

ancestry, national origin or handicap or disability, or to any

person due to use of a guide or support animal because of the

blindness, deafness or physical handicap of the user or because

the user is a handler or trainer of support or guide animals,

either directly or indirectly, any of the accommodations,

advantages, facilities or privileges of such public

accommodation, resort or amusement.

(2)  Publish, circulate, issue, display, post or mail, either

directly or indirectly, any written or printed communication,

notice or advertisement to the effect that any of the

accommodations, advantages, facilities and privileges of any

such place shall be refused, withheld from or denied to any

person on account of genetic information, race, color, religious

creed, sex, ancestry, national origin or handicap or disability,

or to any person due to use of a guide or support animal because

of the blindness, deafness or physical handicap of the user, or

because the user is a handler or trainer of support or guide

animals, or that the patronage or custom thereat of any person,

belonging to or purporting to be of any particular genetic

information, race, color, religious creed, sex, ancestry,

national origin or handicap or disability, or to any person due

to use of a guide or support animal because of the blindness,

deafness or physical handicap of the user or because the user is

a handler or trainer of support or guide animals, is unwelcome,

objectionable or not acceptable, desired or solicited.

(3)  Exclude or otherwise deny equal goods, services,

facilities, privileges, advantages, accommodations or other

opportunities to a person because of the handicap or disability

of an individual with whom the person is known to have a

relationship or association.

(4)  Construct, operate or otherwise make available such

place of public accommodation, resort or amusement which is not

accessible.

(j)  For any person subject to the act to fail to post and

exhibit prominently in his place of business any fair practices

notice prepared and distributed by the Pennsylvania Human

Relations Commission.

(k)  For any employer to discriminate against an employe or a

prospective employe because the employe only has a diploma based

on passing a general educational development test as compared to

a high school diploma. However, should vocational technical

training or other special training be required with regard to a

specific position, then such training or special training may be

considered by the employer.

(l)  To exclude or otherwise deny equal jobs or benefits to a

person because of the handicap or disability of an individual

with whom the person is known to have a relationship or

association.

This section of the act shall not be construed to prohibit

the refusal to hire or the dismissal of a person who is not able

to function properly in the job applied for or engaged in.

Section 3.  Sections 5.3 and 7 of the act, amended December

20, 1991 (P.L.414, No.51), are amended to read:

Section 5.3.  Prohibition of Certain Real Estate Practices.--

It shall be an unlawful discriminatory practice for any person

to:

(a)  Induce, solicit or attempt to induce or solicit for

commercial profit any listing, sale or transaction involving any

housing accommodation or commercial property by representing

that such housing accommodation or commercial property is within

any neighborhood, community or area adjacent to any other area

in which there reside, or do not reside, persons of a particular

genetic information, race, color, familial status, age,

religious creed, ancestry, sex, national origin, handicap or

disability, or who are guide or support animal dependent.

(b)  Discourage, or attempt to discourage, for commercial

profit, the purchase or lease of any housing accommodation or

commercial property by representing that such housing

accommodation or commercial property is within any neighborhood,

community or area adjacent to any other area in which there

reside, or may in the future reside in increased or decreased

numbers, persons of a particular genetic information, race,

color, familial status, age, religious creed, ancestry, sex,

national origin, handicap or disability, or who are guide or

support animal dependent.

(c)  Misrepresent, create or distort a circumstance,

condition or incident for the purpose of fostering the

impression or belief, on the part of any owner, occupant or

prospective owner or occupant of any housing accommodation or

commercial property, that such housing accommodation or

commercial property is within any neighborhood, community or

area adjacent to any other area which would be adversely

impacted by the residence, or future increased or decreased

residence, of persons of a particular genetic information, race,

color, familial status, age, religious creed, ancestry, sex,

national origin, handicap or disability, or who are guide or

support animal dependent within such neighborhood, community or

area.

(d)  In any way misrepresent or otherwise misadvertise within

a neighborhood or community, whether or not in writing, that any

housing accommodation or commercial property within such

neighborhood or community is available for inspection, sale,

lease, sublease or other transfer, in any context where such

misrepresentation or misadvertising would have the effect of

fostering an impression or belief that there has been or will be

an increase in real estate activity within such neighborhood or

community due to the residence, or anticipated increased or

decreased residence, of persons of a particular genetic

information, race, color, familial status, age, religious creed,

ancestry, sex, national origin, handicap or disability, or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of the user.

Section 7.  Powers and Duties of the Commission.--The

Commission shall have the following powers and duties:

(a)  To establish and maintain a central office in the City

of Harrisburg.

(b)  To meet and function at any place within the

Commonwealth.

(c)  To appoint such attorneys and permanent hearing

examiners and other employes and agents as it may deem

necessary, fix their compensation within the limitations

provided by law, and prescribe their duties. Permanent hearing

examiners shall perform no duties inconsistent with their duties

and responsibilities as permanent hearing examiners.

(c.1)  To conduct mandatory training seminars on the

Pennsylvania Human Relations Act and other applicable Federal

and State law, procedures and rules for all investigative

personnel.

(c.2)  To afford complainants and respondents the opportunity

for comments after the final disposition of a complaint. These

comments shall be provided to the Commission members.

(c.3)  To appoint attorneys to perform the following

functions: (1) render legal advice to Commission members on

matters appearing before it; or (2) give legal assistance to

complainants appearing before the Commission or hearing

examiners. These responsibilities shall require a separate staff

of attorneys to perform each function.

(d)  To adopt, promulgate, amend and rescind rules and

regulations to effectuate the policies and provisions of this

act.

(e)  To formulate policies to effectuate the purposes of this

act and make recommendations to agencies and officers of the

Commonwealth or political subdivisions of government or board,

department, commission or school district thereof to effectuate

such policies.

(f)  To initiate, receive, investigate and pass upon

complaints charging unlawful discriminatory practices.

(f.1)  To investigate where no complaint has been filed but

with the consent of at least eight of the members of the

Commission any problem of racial discrimination with the intent

of avoiding and preventing the development of racial tension.

(f.2)  On request of the Governor, to investigate claims of

excessive use of force by police in civil rights protest

activities.

(g)  (1)  To hold hearings, subpoena witnesses, compel their

attendance, administer oaths, take testimony of any person under

oath or affirmation and, in connection therewith, to require the

production for examination of any books and papers relating to

any matter under investigation where a complaint has been

properly filed before the Commission. The Commission may make

rules as to the issuance of subpoenas by individual

Commissioners. In case of contumacy or refusal to obey a

subpoena issued to any person any court of jurisdiction, upon

application by the Commission, may issue to such person an order

requiring such person to appear before the Commission, there to

produce documentary evidence, if so ordered, or there to give

evidence touching the matter in question, and any failure to

obey such order of the court may be punished by said court as a

contempt thereof.

(2)  No person shall be excused from attending and

testifying, or from producing records, correspondence, documents

or other evidence in obedience to the subpoena of the Commission

or of any individual Commissioner, on the ground that the

testimony or evidence required of him may tend to incriminate

him or subject him to a penalty or forfeiture, but no person

shall be prosecuted or subjected to any penalty or forfeiture

for or on account of any transaction, matter or thing concerning

which he is compelled, after having claimed his privilege

against self-incrimination, to testify or produce evidence,

except that such person so testifying shall not be exempt from

prosecution and punishment for perjury committed in so

testifying. The immunity herein provided shall extend only to

natural persons so compelled to testify.

(h)  To inspect upon request such records of the Commonwealth

or any political subdivision, board, department, commission or

school district thereof as it may deem necessary or advisable to

carry into effect the provisions of this act.

(i)  To create such advisory agencies and conciliation

councils, local or state-wide, as will aid in effectuating the

purposes of this act. The Commission may itself or it may

empower these agencies and councils to (1) study the problems of

discrimination in all or specific fields of human relationships

when based on genetic information, race, color, familial status,

religious creed, ancestry, age, sex, national origin or handicap

or disability, and (2) foster, through community effort or

otherwise, good will among the groups and elements of the

population of the State. Such agencies and councils may make

recommendations to the Commission for the development of

policies and procedure in general. Advisory agencies and

conciliation councils created by the Commission shall be

composed of representative citizens, serving without pay, but

the Commission may make provision for technical and clerical

assistance to such agencies and councils, and for the payment of

the expenses of such assistance.

(j)  To issue such publications and such results of

investigations and research as, in its judgment, will tend to

promote good will and minimize or eliminate discrimination

because of genetic information, race, color, familial status,

religious creed, ancestry, age, sex, national origin or handicap

or disability.

(k)  To submit an annual report for each fiscal year by the

following March 31 to the General Assembly, the Labor and

Industry Committee of the Senate and the State Government

Committee of the House of Representatives and the Governor

describing in detail the types of complaints received, the

investigations, status of cases, Commission action which has

been taken, how many were found to have probable cause, how many

were resolved by public hearing and the length of time from the

initial complaint to final Commission resolution. It shall also

contain recommendations for such further legislation concerning

abuses and discrimination because of genetic information, race,

color, familial status, religious creed, ancestry, national

origin, age, sex, handicap or disability or the use of a guide

or support animal because of the blindness, deafness or physical

handicap of the user or because the user is a handler or trainer

of support or guide animals, as may be desirable.

(l)  To prepare and distribute fair practices notices.

(n)  To notify local human relations commissions of

complaints received by the Pennsylvania Human Relations

Commission involving persons within a commission's jurisdiction.

The Pennsylvania Human Relations Commission may enter into work-

sharing agreements with those local commissions having

comparable jurisdiction and enforcement authority.

(o)  To prepare and publish all findings of fact, conclusions

of the law, final decisions and orders made after a public

hearing by the hearing examiners, Commission panel or full

Commission.

(p)  To give public access to the commission's compliance

manual.

(q)  To preserve opinions rendered by the Commission for five

years from the date of publication.

Section 4.  Section 8 of the act, amended July 12, 1996

(P.L.684, No.117), is amended to read:

Section 8.  Educational Program.--The Commission, in

cooperation with the Department of Education, is authorized to

recommend a multicultural educational program, designed for the

students of the schools in this Commonwealth and for all other

residents thereof, with emphasis on foreign cultural and

language studies, as well as on the basic shared precepts and

principles of United States culture, in order to promote

cultural understanding and appreciation and to further good will

among all persons, without regard to genetic information, race,

color, familial status, religious creed, ancestry, age, sex,

national origin, handicap or disability.

Section 5.  Section 12 of the act, amended December 20, 1991

(P.L.414, No.51), is amended to read:

Section 12.  Construction and Exclusiveness of Remedy.--

(a)  The provisions of this act shall be construed liberally

for the accomplishment of the purposes thereof, and any law

inconsistent with any provisions hereof shall not apply.

(b)  Except as provided in subsection (c), nothing contained

in this act shall be deemed to repeal or supersede any of the

provisions of any existing or hereafter adopted municipal

ordinance, municipal charter or of any law of this Commonwealth

relating to discrimination because of genetic information, race,

color, familial status, religious creed, ancestry, age, sex,

national origin or handicap or disability, but as to acts

declared unlawful by section five of this act the procedure

herein provided shall, when invoked, be exclusive and the final

determination therein shall exclude any other action, civil or

criminal, based on the same grievance of the complainant

concerned. If the complainant institutes any action based on

such grievance without resorting to the procedure provided in

this act, such complainant may not subsequently resort to the

procedure herein. In the event of a conflict between the

interpretation of a provision of this act and the interpretation

of a similar provision contained in any municipal ordinance, the

interpretation of the provision in this act shall apply to such

municipal ordinance.

(c)  (1)  In cases involving a claim of discrimination, if a

complainant invokes the procedures set forth in this act, that

individual's right of action in the courts of the Commonwealth

shall not be foreclosed. If within one (1) year after the filing

of a complaint with the Commission, the Commission dismisses the

complaint or has not entered into a conciliation agreement to

which the complainant is a party, the Commission must so notify

the complainant. On receipt of such a notice the complainant

shall be able to bring an action in the courts of common pleas

of the Commonwealth based on the right to freedom from

discrimination granted by this act.

(2)  An action under this subsection shall be filed within

two years after the date of notice from the Commission closing

the complaint. Any complaint so filed shall be served on the

Commission at the time the complaint is filed in court. The

Commission shall notify the complainant of this requirement.

(3)  If the court finds that the respondent has engaged in or

is engaging in an unlawful discriminatory practice charged in

the complaint, the court shall enjoin the respondent from

engaging in such unlawful discriminatory practice and order

affirmative action which may include, but is not limited to,

reinstatement or hiring of employes, granting of back pay, or

any other legal or equitable relief as the court deems

appropriate. Back pay liability shall not accrue from a date

more than three years prior to the filing of a complaint

charging violations of this act.

(4)  The court shall serve upon the Commission any final

order issued in any action brought under this subsection.

(c.1)  Notwithstanding subsections (a) and (c) or any other

provision of this act, nothing in this act shall be deemed to

authorize imposition by the Commission of remedial quota relief

in cases involving hiring or promoting of employes of the

Commonwealth, its agencies or instrumentalities or employes of

local governments and school districts in this Commonwealth.

This subsection shall not, however, prohibit the voluntary

adoption of an affirmative action plan designed to assure that

all persons are accorded equality of opportunity in employment.

(c.2)  If, after a trial held pursuant to subsection (c), the

court of common pleas finds that a defendant engaged in or is

engaging in any unlawful discriminatory practice as defined in

this act, the court may award attorney fees and costs to the

prevailing plaintiff.

(c.3)  If, after a trial held pursuant to subsection (c), the

court of common pleas finds that a defendant has not engaged in

or is not engaging in any unlawful discriminatory practice as

defined in this act, the court may award attorney fees and costs

to the prevailing defendant if the defendant proves that the

complaint was brought in bad faith.

(d)  Nothing in this act shall be construed to require any

employer to hire any person with a job-related handicap or

disability.

(e)  The time limits for filing under any complaint or other

pleading under this act shall be subject to waiver, estoppel and

equitable tolling.

(f)  Nothing in this act shall be constructed as superseding

any provision of the act of October 15, 1980 (P.L.950, No.164),

known as the "Commonwealth Attorneys Act." All court actions

commenced by or against the Commission shall be subject to the

provisions of that act.

Section 6.  This act shall take effect in 60 days.