PRINTER'S NO.  1674

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

300

Session of

2011

  

  

INTRODUCED BY FRANKEL, SHAPIRO, JOSEPHS, BISHOP, B. BOYLE, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, V. BROWN, BROWNLEE, BUXTON, CALTAGIRONE, CARROLL, COHEN, D. COSTA, P. COSTA, CRUZ, CURRY, DALEY, DAVIS, DELISSIO, DePASQUALE, DERMODY, DeWEESE, D. EVANS, FABRIZIO, FREEMAN, GERBER, GERGELY, HARKINS, JOHNSON, KAVULICH, W. KELLER, KIRKLAND, MAHONEY, MANN, McGEEHAN, MOUL, MUNDY, MYERS, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, PRESTON, ROEBUCK, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, K. SMITH, M. SMITH, STURLA, THOMAS, VITALI, WAGNER, WATERS, WHEATLEY, WILLIAMS, YOUNGBLOOD AND DONATUCCI, APRIL 28, 2011

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 28, 2011  

  

  

  

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 the title, for findings and

12

declaration of policy, for right to freedom from

13

discrimination in employment, housing and public

14

accommodation; defining "sexual orientation" and "gender

15

identity or expression"; and further providing for unlawful

16

discriminatory practices, for prohibition of certain real

17

estate practices, for powers and duties of commission, for

18

education program and for construction and exclusiveness of

19

remedy.

20

The General Assembly of the Commonwealth of Pennsylvania

21

hereby enacts as follows:

22

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

 


1

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

2

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

3

are amended to read:

4

AN ACT

5

Prohibiting certain practices of discrimination because of race,

6

color, religious creed, ancestry, sexual orientation, gender

7

identity or expression, age or national origin, by employers,

8

employment agencies, labor organizations and others as herein

9

defined; creating the Pennsylvania Human Relations Commission

10

in the Governor's Office; defining its functions, powers and

11

duties; providing for procedure and enforcement; providing

12

for formulation of an educational program to prevent

13

prejudice; providing for judicial review and enforcement and

14

imposing penalties.

15

Section 2.  Findings and Declaration of Policy.--

16

(a)  The practice or policy of discrimination against

17

individuals or groups by reason of their race, color, familial

18

status, religious creed, ancestry, sexual orientation, gender

19

identity or expression, age, sex, national origin, handicap or

20

disability, use of guide or support animals because of the

21

blindness, deafness or physical handicap of the user or because

22

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

23

a matter of concern of the Commonwealth. Such discrimination

24

foments domestic strife and unrest, threatens the rights and

25

privileges of the inhabitants of the Commonwealth, and

26

undermines the foundations of a free democratic state. The

27

denial of equal employment, housing and public accommodation

28

opportunities because of such discrimination, and the consequent

29

failure to utilize the productive capacities of individuals to

30

their fullest extent, deprives large segments of the population

- 2 -

 


1

of the Commonwealth of earnings necessary to maintain decent

2

standards of living, necessitates their resort to public relief

3

and intensifies group conflicts, thereby resulting in grave

4

injury to the public health and welfare, compels many

5

individuals to live in dwellings which are substandard,

6

unhealthful and overcrowded, resulting in racial segregation in

7

public schools and other community facilities, juvenile

8

delinquency and other evils, thereby threatening the peace,

9

health, safety and general welfare of the Commonwealth and its

10

inhabitants.

11

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

12

Commonwealth to foster the employment of all individuals in

13

accordance with their fullest capacities regardless of their

14

race, color, religious creed, ancestry, sexual orientation,

15

gender identity or expression, age, sex, national origin,

16

handicap or disability, use of guide or support animals because

17

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

18

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

19

animals, and to safeguard their right to obtain and hold

20

employment without such discrimination, to assure equal

21

opportunities to all individuals and to safeguard their rights

22

to public accommodation and to secure housing accommodation and

23

commercial property regardless of race, color, familial status,

24

religious creed, ancestry, sexual orientation, gender identity

25

or expression, age, sex, national origin, handicap or

26

disability, use of guide or support animals because of blindness

27

or deafness of the user or because the user is a handler or

28

trainer of guide or support animals.

29

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

30

of the Commonwealth for the protection of the public welfare,

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1

prosperity, health and peace of the people of the Commonwealth

2

of Pennsylvania.

3

Section 3.  Right to Freedom from Discrimination in

4

Employment, Housing and Public Accommodation.--The opportunity

5

for an individual to obtain employment for which he is

6

qualified, and to obtain all the accommodations, advantages,

7

facilities and privileges of any public accommodation and of any

8

housing accommodation and commercial property without

9

discrimination because of race, color, familial status,

10

religious creed, ancestry, sexual orientation, gender identity

11

or expression, handicap or disability, age, sex, national

12

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

13

blindness, deafness or physical handicap of the user or because

14

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

15

hereby recognized as and declared to be a civil right which

16

shall be enforceable as set forth in this act.

17

Section 2.  Section 4(b) of the act, amended December 20,

18

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

19

adding clauses to read:

20

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

21

different meaning clearly appears from the context:

22

* * *

23

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

24

political subdivision or board, department, commission or school

25

district thereof and any person employing four or more persons

26

within the Commonwealth, but except as hereinafter provided,

27

does not include religious, fraternal, charitable or sectarian

28

corporations or associations, except such corporations or

29

associations supported, in whole or in part, by governmental

30

appropriations. The term "employer" with respect to

- 4 -

 


1

discriminatory practices based on race, color, age, sex,

2

national origin, sexual orientation, gender identity or

3

expression or non-job related handicap or disability, includes

4

religious, fraternal, charitable and sectarian corporations and

5

associations employing four or more persons within the

6

Commonwealth.

7

* * *

8

(bb)  The term "sexual orientation" means actual or perceived

9

heterosexuality, homosexuality or bisexuality.

10

(cc)  The term "gender identity or expression" means actual

11

or perceived gender identity, appearance, behavior, expression

12

or physical characteristics whether or not associated with an

13

individual's assigned sex at birth.

14

Section 3.  Section 5(a), (b), (c), (f), (g), (h) and (i) of

15

the act, amended or added December 20, 1991 (P.L.414, No.51),

16

July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326,

17

No.34), are amended to read:

18

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

19

an unlawful discriminatory practice, unless based upon a bona

20

fide occupational qualification, or in the case of a fraternal

21

corporation or association, unless based upon membership in such

22

association or corporation, or except where based upon

23

applicable security regulations established by the United States

24

or the Commonwealth of Pennsylvania:

25

(a)  For any employer because of the race, color, religious

26

creed, ancestry, sexual orientation, gender identity or

27

expression, age, sex, national origin or non-job related

28

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

29

because of the blindness, deafness or physical handicap of any

30

individual or independent contractor, to refuse to hire or

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1

employ or contract with, or to bar or to discharge from

2

employment such individual or independent contractor, or to

3

otherwise discriminate against such individual or independent

4

contractor with respect to compensation, hire, tenure, terms,

5

conditions or privileges of employment or contract, if the

6

individual or independent contractor is the best able and most

7

competent to perform the services required. The provision of

8

this paragraph shall not apply, to (1) operation of the terms or

9

conditions of any bona fide retirement or pension plan which

10

have the effect of a minimum service requirement, (2) operation

11

of the terms or conditions of any bona fide group or employe

12

insurance plan, (3) age limitations placed upon entry into bona

13

fide apprenticeship programs of two years or more approved by

14

the State Apprenticeship and Training Council of the Department

15

of Labor and Industry, established by the act of July 14, 1961

16

(P.L.604, No.304), known as "The Apprenticeship and Training

17

Act." Notwithstanding any provision of this clause, it shall not

18

be an unlawful employment practice for a religious corporation

19

or association to hire or employ on the basis of sex in those

20

certain instances where sex is a bona fide occupational

21

qualification because of the religious beliefs, practices, or

22

observances of the corporation, or association.

23

(b)  For any employer, employment agency or labor

24

organization, prior to the employment, contracting with an

25

independent contractor or admission to membership, to:

26

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

27

use any form of application or application blank containing

28

questions or entries concerning the race, color, religious

29

creed, ancestry, sexual orientation, gender identity or

30

expression, age, sex, national origin, past 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 any applicant

3

for employment or membership. Prior to an offer of employment,

4

an employer may not inquire as to whether an individual has a

5

handicap or disability or as to the severity of such handicap or

6

disability. An employer may inquire as to the individual's

7

ability to perform the essential functions of the employment.

8

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

9

notice or advertisement relating to employment or membership

10

indicating any preference, limitation, specification or

11

discrimination based upon race, color, religious creed,

12

ancestry, sexual orientation, gender identity or expression, 

13

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

14

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

15

the blindness, deafness or physical handicap of the user.

16

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

17

membership because of race, color, religious creed, ancestry,

18

sexual orientation, gender identity or expression, age, sex,

19

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

20

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

21

or physical handicap of the user or place of birth.

22

(4)  Substantially confine or limit recruitment or hiring of

23

individuals, with intent to circumvent the spirit and purpose of

24

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

25

organization, training school or training center or any other

26

employe-referring source which services individuals who are

27

predominantly of the same race, color, religious creed,

28

ancestry, sexual orientation, gender identity or expression, 

29

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

30

disability.

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1

(5)  Deny employment because of a prior handicap or

2

disability.

3

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

4

institution or organization for handicapped or disabled persons

5

from limiting or giving preference in employment or membership

6

to handicapped or disabled persons.

7

(c)  For any labor organization because of the race, color,

8

religious creed, ancestry, sexual orientation, gender identity

9

or expression, age, sex, national origin, non-job related

10

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

11

because of the blindness, deafness or physical handicap of any

12

individual to deny full and equal membership rights to any

13

individual or otherwise to discriminate against such individuals

14

with respect to hire, tenure, terms, conditions or privileges of

15

employment or any other matter, directly or indirectly, related

16

to employment.

17

* * *

18

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

19

properly, refer for employment or otherwise to discriminate

20

against any individual because of his race, color, religious

21

creed, ancestry, sexual orientation, gender identity or

22

expression, age, sex, national origin, non-job related handicap

23

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

24

the blindness, deafness or physical handicap of the user.

25

(g)  For any individual seeking employment to publish or

26

cause to be published any advertisement which in any manner

27

expresses a limitation or preference as to the race, color,

28

religious creed, ancestry, sexual orientation, gender identity

29

or expression, age, sex, national origin, non-job related

30

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

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1

because of the blindness, deafness or physical handicap of any

2

prospective employer.

3

(h)  For any person to:

4

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

5

withhold any housing accommodation or commercial property from

6

any person because of the race, color, familial status, age,

7

religious creed, ancestry, sexual orientation, gender identity

8

or expression, sex, national origin or handicap or disability of

9

any person, prospective owner, occupant or user of such housing

10

accommodation or commercial property, or to refuse to lease any

11

housing accommodation or commercial property to any person due

12

to use of a guide animal because of the blindness or deafness of

13

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

14

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

15

support or guide animals or because of the handicap or

16

disability of an individual with whom the person is known to

17

have a relationship or association.

18

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

19

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

20

pregnancy or the birth of a child.

21

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

22

or otherwise for the acquisition, construction, rehabilitation,

23

repair or maintenance of any housing accommodation or commercial

24

property or otherwise withhold financing of any housing

25

accommodation or commercial property from any person because of

26

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

27

ancestry, sexual orientation, gender identity or expression, 

28

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

29

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

30

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

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1

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

2

the handicap or disability of an individual with whom the person

3

is known to have a relationship or association.

4

(3)  Discriminate against any person in the terms or

5

conditions of selling or leasing any housing accommodation or

6

commercial property or in furnishing facilities, services or

7

privileges in connection with the ownership, occupancy or use of

8

any housing accommodation or commercial property because of the

9

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

10

sexual orientation, gender identity or expression, sex, national

11

origin, handicap or disability of any person, the use of a guide

12

or support animal because of the blindness, deafness or physical

13

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

14

of support or guide animals or because of the handicap or

15

disability of an individual with whom the person is known to

16

have a relationship or association.

17

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

18

handicap, reasonable modifications of existing premises occupied

19

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

20

necessary to afford such person full enjoyment of the premises,

21

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

22

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

23

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

24

condition that existed before the modification, with reasonable

25

wear and tear excepted.

26

(3.2)  Refuse to make reasonable accommodations in rules,

27

policies, practices or services when such accommodations may be

28

necessary to afford such person equal opportunity to use and

29

enjoy a housing accommodation.

30

(4)  Discriminate against any person in the terms or

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1

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

2

mortgage or otherwise for the acquisition, construction,

3

rehabilitation, repair or maintenance of housing accommodation

4

or commercial property because of the race, color, familial

5

status, age, religious creed, ancestry, sexual orientation,

6

gender identity or expression, sex, national origin or handicap

7

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

8

animal because of the blindness, deafness or physical handicap

9

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

10

or support animals or because of the handicap or disability of

11

an individual with whom the person is known to have a

12

relationship or association.

13

(5)  Print, publish or circulate any statement or

14

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

15

any housing accommodation or commercial property or the loan of

16

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

17

acquisition, construction, rehabilitation, repair or maintenance

18

of any housing accommodation or commercial property which

19

indicates any preference, limitation, specification, or

20

discrimination based upon race, color, familial status, age,

21

religious creed, ancestry, sexual orientation, gender identity

22

or expression, sex, national origin, handicap or disability or

23

because of the handicap or disability of an individual with whom

24

the person is known to have a relationship or association, or

25

(ii) relating to the sale, lease or acquisition of any housing

26

accommodation or commercial property which indicates any

27

preference, limitation, specification or discrimination based

28

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

29

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

30

a handler or trainer of support or guide animals.

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1

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

2

any record or use any form of application, containing questions

3

or entries concerning race, color, familial status, age,

4

religious creed, ancestry, sexual orientation, gender identity

5

or expression, sex, national origin, handicap or disability or

6

because of the handicap or disability of an individual with whom

7

the person is known to have a relationship or association in

8

connection with the sale or lease of any housing accommodation

9

or commercial property or loan of any money, whether or not

10

secured by mortgage or otherwise for the acquisition,

11

construction, rehabilitation, repair or maintenance of any

12

housing accommodation or commercial property, or to make any

13

inquiry, elicit any information, make or keep any record or use

14

any form of application, containing questions or entries

15

concerning the 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, in

18

connection with the lease of any housing accommodation or

19

commercial property.

20

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

21

otherwise make available housing or commercial property which is

22

not accessible.

23

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

24

described by and subject to the following:

25

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

26

whose business includes engaging in real estate-related

27

transactions to discriminate against any person in making

28

available such a transaction or in the terms or conditions of

29

such a transaction because of race, color, religious creed,

30

ancestry, sexual orientation, gender identity or expression, 

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1

national origin, sex, age, handicap or disability, use of a

2

guide or support animal because of a physical handicap or

3

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

4

animals or familial status.

5

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

6

business of furnishing appraisals of real property to take into

7

consideration factors other than race, color, religious creed,

8

ancestry, sexual orientation, gender identity or expression, 

9

national origin, sex, age, handicap or disability, use of a

10

guide or support animal because of a physical handicap or

11

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

12

animals or familial status.

13

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

14

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

15

person shall not be held personally liable for monetary damages

16

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

17

good faith, on the application of the exemption of this

18

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

19

application of the exemption of this subclause by proving that

20

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

21

applied:

22

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

23

not eligible for exemption under this subclause.

24

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

25

formally, in writing, that the housing complied with the

26

requirements for exemption under this subclause.

27

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

28

denominational institution or organization or any charitable or

29

educational organization which is operated, supervised or

30

controlled by or in connection with a religious organization or

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1

any bona fide private or fraternal organization from giving

2

preference to persons of the same religion or denomination or to

3

members of such private or fraternal organization or from making

4

such selection as is calculated by such organization to promote

5

the religious principles or the aims, purposes or fraternal

6

principles for which it is established or maintained. Nor shall

7

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

8

house with a common entrance, nor with respect to discrimination

9

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

10

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

11

personal residence in which common living areas are shared.

12

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

13

Fair Housing Act and reasonable State or local restrictions on

14

the maximum number of occupants permitted to occupy a dwelling

15

or a reasonable restriction relating to health or safety

16

standards or business necessity. Owners and managers of

17

dwellings may develop and implement reasonable occupancy and

18

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

19

sleeping areas or bedrooms and the overall size of a dwelling

20

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

21

Act or State or local restrictions.

22

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

23

manager, superintendent, agent or employe of any public

24

accommodation, resort or amusement to:

25

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

26

his race, color, sex, religious creed, ancestry, sexual

27

orientation, gender identity or expression, national origin, or

28

handicap or disability, or to any person due to use of a guide

29

or support animal because of the blindness, deafness or physical

30

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

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1

of support or guide animals, either directly or indirectly, any

2

of the accommodations, advantages, facilities or privileges of

3

such public accommodation, resort or amusement.

4

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

5

directly or indirectly, any written or printed communication,

6

notice or advertisement to the effect that any of the

7

accommodations, advantages, facilities and privileges of any

8

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

9

person on account of race, color, religious creed, sex,

10

ancestry, sexual orientation, gender identity or expression, 

11

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

12

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

13

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

14

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

15

patronage or custom thereat of any person, belonging to or

16

purporting to be of any particular race, color, religious creed,

17

sex, ancestry, sexual orientation, gender identity or

18

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

19

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

20

blindness, deafness or physical handicap of the user or because

21

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

22

unwelcome, objectionable or not acceptable, desired or

23

solicited.

24

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

25

facilities, privileges, advantages, accommodations or other

26

opportunities to a person because of the handicap or disability

27

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

28

relationship or association.

29

(4)  Construct, operate or otherwise make available such

30

place of public accommodation, resort or amusement which is not

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1

accessible.

2

* * *

3

Section 4.  Sections 5.3 and 7(i), (j) and (k) of the act,

4

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

5

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

6

It shall be an unlawful discriminatory practice for any person

7

to:

8

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

9

commercial profit any listing, sale or transaction involving any

10

housing accommodation or commercial property by representing

11

that such housing accommodation or commercial property is within

12

any neighborhood, community or area adjacent to any other area

13

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

14

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

15

sexual orientation, gender identity or expression, sex, national

16

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

17

animal dependent.

18

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

19

profit, the purchase or lease of any housing accommodation or

20

commercial property by representing that such housing

21

accommodation or commercial property is within any neighborhood,

22

community or area adjacent to any other area in which there

23

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

24

numbers, persons of a particular race, color, familial status,

25

age, religious creed, ancestry, sexual orientation, gender

26

identity or expression, sex, national origin, handicap or

27

disability, or who are guide or support animal dependent.

28

(c)  Misrepresent, create or distort a circumstance,

29

condition or incident for the purpose of fostering the

30

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

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1

prospective owner or occupant of any housing accommodation or

2

commercial property, that such housing accommodation or

3

commercial property is within any neighborhood, community or

4

area adjacent to any other area which would be adversely

5

impacted by the residence, or future increased or decreased

6

residence, of persons of a particular race, color, familial

7

status, age, religious creed, ancestry, sexual orientation,

8

gender identity or expression, sex, national origin, handicap or

9

disability, or who are guide or support animal dependent within

10

such neighborhood, community or area.

11

(d)  In any way misrepresent or otherwise misadvertise within

12

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

13

housing accommodation or commercial property within such

14

neighborhood or community is available for inspection, sale,

15

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

16

misrepresentation or misadvertising would have the effect of

17

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

18

an increase in real estate activity within such neighborhood or

19

community due to the residence, or anticipated increased or

20

decreased residence, of persons of a particular race, color,

21

familial status, age, religious creed, ancestry, sexual

22

orientation, gender identity or expression, sex, national

23

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

24

animal because of the blindness, deafness or physical handicap

25

of the user.

26

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

27

Commission shall have the following powers and duties:

28

* * *

29

(i)  To create such advisory agencies and conciliation

30

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

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1

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

2

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

3

discrimination in all or specific fields of human relationships

4

when based on race, color, familial status, religious creed,

5

ancestry, sexual orientation, gender identity or expression, 

6

age, sex, national origin or handicap or disability, and (2)

7

foster, through community effort or otherwise, good will among

8

the groups and elements of the population of the State. Such

9

agencies and councils may make recommendations to the Commission

10

for the development of policies and procedure in general.

11

Advisory agencies and conciliation councils created by the

12

Commission shall be composed of representative citizens, serving

13

without pay, but the Commission may make provision for technical

14

and clerical assistance to such agencies and councils, and for

15

the payment of the expenses of such assistance.

16

(j)  To issue such publications and such results of

17

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

18

promote good will and minimize or eliminate discrimination

19

because of race, color, familial status, religious creed,

20

ancestry, sexual orientation, gender identity or expression, 

21

age, sex, national origin or handicap or disability.

22

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

23

following March 31 to the General Assembly, the Labor and

24

Industry Committee of the Senate and the State Government

25

Committee of the House of Representatives and the Governor

26

describing in detail the types of complaints received, the

27

investigations, status of cases, Commission action which has

28

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

29

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

30

initial complaint to final Commission resolution. It shall also

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1

contain recommendations for such further legislation concerning

2

abuses and discrimination because of race, color, familial

3

status, religious creed, ancestry, sexual orientation, gender

4

identity or expression, national origin, age, sex, handicap or

5

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

6

the blindness, deafness or physical handicap of the user or

7

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

8

animals, as may be desirable.

9

* * *

10

Section 5.  Section 8 of the act, amended July 12, 1996

11

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

12

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

13

cooperation with the Department of Education, is authorized to

14

recommend a multicultural educational program, designed for the

15

students of the schools in this Commonwealth and for all other

16

residents thereof, with emphasis on foreign cultural and

17

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

18

principles of United States culture, in order to promote

19

cultural understanding and appreciation and to further good will

20

among all persons, without regard to race, color, familial

21

status, religious creed, ancestry, sexual orientation, gender

22

identity or expression, age, sex, national origin, handicap or

23

disability.

24

Section 6.  Section 12(b) of the act, amended December 20,

25

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

26

Section 12.  Construction and Exclusiveness of Remedy.--

27

* * *

28

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

29

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

30

provisions of any existing or hereafter adopted municipal

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1

ordinance, municipal charter or of any law of this Commonwealth

2

relating to discrimination because of race, color, familial

3

status, religious creed, ancestry, sexual orientation, gender

4

identity or expression, age, sex, national origin or handicap or

5

disability, but as to acts declared unlawful by section five of

6

this act the procedure herein provided shall, when invoked, be

7

exclusive and the final determination therein shall exclude any

8

other action, civil or criminal, based on the same grievance of

9

the complainant concerned. If the complainant institutes any

10

action based on such grievance without resorting to the

11

procedure provided in this act, such complainant may not

12

subsequently resort to the procedure herein. In the event of a

13

conflict between the interpretation of a provision of this act

14

and the interpretation of a similar provision contained in any

15

municipal ordinance, the interpretation of the provision in this

16

act shall apply to such municipal ordinance.

17

* * *

18

Section 7.  This act shall take effect in 30 days.

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