THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, JOSEPHS, DENLINGER, STABACK, CALTAGIRONE, GEORGE, McGEEHAN, MELIO, BRIGGS, FRANKEL, GRUCELA, LONGIETTI, MANDERINO, MYERS, M. O'BRIEN, PALLONE, READSHAW, SIPTROTH, YOUNGBLOOD AND GIBBONS, AUGUST 6, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 6, 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," further providing for title of act, for findings

and declaration of policy, for right to freedom from

discrimination, housing and public accommodation; defining

"genetic information"; and further providing for unlawful

discriminatory practices, for powers and duties of

commission, for educational program and for construction and

exclusiveness of remedy.

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 race,

color, religious creed, ancestry, age [or], sex, national

origin or genetic information, 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 race, color, familial

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

genetic information, 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, genetic information, 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

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

sex, national origin, genetic information, 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 race, color, familial status,

religious creed, ancestry, handicap or disability, age, sex,

national origin, genetic information, 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.  Section 4(b) of the act, amended December 20,

1991 (P.L.414, No.51), is amended and the section is amended by

adding a clause to read:

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

different meaning clearly appears from the context:

* * *

(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 race, color, age, sex,

national origin, genetic information or non-job related handicap

or disability, includes religious, fraternal, charitable and

sectarian corporations and associations employing four or more

persons within the Commonwealth.

* * *

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

relating to genes, gene products and inherited characteristics

that may derive from an individual or a family member. This term

includes, but is not limited to:

(1)  Information regarding carrier status and increased

likelihood of future disease or increased sensitivity to any

substance.

(2)  Information derived from:

(i)  laboratory tests that identify mutations in specific

genes or chromosomes;

(ii)  physical medical examinations;

(iii)  family histories;

(iv)  inquiries;

(v)  tests of gene products; and

(vi)  direct analysis of genes or chromosomes.

Section 3.  Sections 5(a), (b), (c), (f) and (g) and 7(i),

(j) and (k) of the act, amended December 20, 1991 (P.L.414,

No.51), are amended to read:

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 race, color, religious

creed, ancestry, age, sex, national origin, genetic information 

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 race, color, religious

creed, ancestry, age, sex, national origin, genetic information, 

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 race, color, religious creed,

ancestry, age, sex, national origin, genetic information, 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 race, color, religious creed, ancestry,

age, sex, national origin, genetic information, 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 race, color, religious creed,

ancestry, age, sex, national origin, genetic information 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 race, color,

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

information, 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.

* * *

(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 race, color, religious

creed, ancestry, age, sex, national origin, genetic information, 

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 race, color,

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

information, 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.

* * *

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

Commission shall have the following powers and duties:

* * *

(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 race, color, familial status, religious creed,

ancestry, age, sex, national origin, genetic information 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 race, color, familial status, religious creed,

ancestry, age, sex, national origin, genetic information 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 race, color, familial

status, religious creed, ancestry, national origin, genetic

information, 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.

* * *

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 race, color, familial

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

genetic information, handicap or disability.

Section 5.  Section 12(b) of the act, amended December 20,

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

Section 12.  Construction and Exclusiveness of Remedy.--

* * *

(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 race, color, familial

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

genetic information 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.

* * *

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