1Amending the act of October 27, 1955 (P.L.744, No.222),
2entitled, as amended, "An act prohibiting certain practices
3of discrimination because of race, color, religious creed,
4ancestry, age or national origin by employers, employment
5agencies, labor organizations and others as herein defined;
6creating the Pennsylvania Human Relations Commission in the
7Governor's Office; defining its functions, powers and duties;
8providing for procedure and enforcement; providing for
9formulation of an educational program to prevent prejudice;
10providing for judicial review and enforcement and imposing
11penalties," further providing for findings and declaration of
12policy; defining "marital status"; and further providing for
13unlawful discriminatory practices.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 2(b) of the act of October 27, 1955
17(P.L.744, No.222), known as the Pennsylvania Human Relations
18Act, amended December 20, 1991 (P.L.414, No.51), is amended to
19read:

20Section 2. Findings and Declaration of Policy.--

21* * *

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

1Commonwealth to foster the employment of all individuals in
2accordance with their fullest capacities regardless of their
3race, color, religious creed, familial status, marital status,
4ancestry, age, sex, national origin, handicap or disability, use
5of guide or support animals because of the blindness, deafness
6or physical handicap of the user or because the user is a
7handler or trainer of support or guide animals, and to safeguard
8their right to obtain and hold employment without such
9discrimination, to assure equal opportunities to all individuals
10and to safeguard their rights to public accommodation and to
11secure housing accommodation and commercial property regardless
12of race, color, familial status, religious creed, ancestry, age,
13sex, national origin, handicap or disability, use of guide or
14support animals because of blindness or deafness of the user or
15because the user is a handler or trainer of guide or support
16animals.

17* * *

18Section 2. Section 4 of the act is amended by adding a
19clause to read:

20Section 4. Definitions.--As used in this act unless a
21different meaning clearly appears from the context:

22* * *

23(bb) The term "marital status" means whether a person is
24single, married, divorced, separated or widowed.

25Section 3. Section 5(a), (b), (c), (f) and (g) of the act,
26amended December 20, 1991 (P.L.414, No.51), are amended to read:

27Section 5. Unlawful Discriminatory Practices.--It shall be
28an unlawful discriminatory practice, unless based upon a bona
29fide occupational qualification, or in the case of a fraternal
30corporation or association, unless based upon membership in such

1association or corporation, or except where based upon
2applicable security regulations established by the United States
3or the Commonwealth of Pennsylvania:

4(a) For any employer because of the race, color, religious
5creed, ancestry, familial status, marital status, age, sex,
6national origin or non-job related handicap or disability or the
7use of a guide or support animal because of the blindness,
8deafness or physical handicap of any individual or independent
9contractor, to refuse to hire or employ or contract with, or to
10bar or to discharge from employment such individual or
11independent contractor, or to otherwise discriminate against
12such individual or independent contractor with respect to
13compensation, hire, tenure, terms, conditions or privileges of
14employment or contract, if the individual or independent
15contractor is the best able and most competent to perform the
16services required. The provision of this paragraph shall not
17apply, to (1) operation of the terms or conditions of any bona
18fide retirement or pension plan which have the effect of a
19minimum service requirement, (2) operation of the terms or
20conditions of any bona fide group or employe insurance plan, (3)
21age limitations placed upon entry into bona fide apprenticeship
22programs of two years or more approved by the State
23Apprenticeship and Training Council of the Department of Labor
24and Industry, established by the act of July 14, 1961 (P.L.604, 
25No.304), known as "The Apprenticeship and Training Act."
26Notwithstanding any provision of this clause, it shall not be an
27unlawful employment practice for a religious corporation or
28association to hire or employ on the basis of sex in those
29certain instances where sex is a bona fide occupational
30qualification because of the religious beliefs, practices, or

1observances of the corporation, or association.

2(b) For any employer, employment agency or labor
3organization, prior to the employment, contracting with an
4independent contractor or admission to membership, to:

5(1) Elicit any information or make or keep a record of or
6use any form of application or application blank containing
7questions or entries concerning the race, color, religious
8creed, ancestry, familial status, marital status, age, sex,
9national origin, past handicap or disability or the use of a
10guide or support animal because of the blindness, deafness or
11physical handicap of any applicant for employment or membership.
12Prior to an offer of employment, an employer may not inquire as
13to whether an individual has a handicap or disability or as to
14the severity of such handicap or disability. Prior to an offer 
15of employment, an employer may not inquire as to whether an 
16individual intends to have a child. An employer may inquire as
17to the individual's ability to perform the essential functions
18of the employment.

19(2) Print or publish or cause to be printed or published any
20notice or advertisement relating to employment or membership
21indicating any preference, limitation, specification or
22discrimination based upon race, color, religious creed,
23ancestry, age, familial status, marital status, sex, national
24origin, non-job related handicap or disability or the use of a
25guide or support animal because of the blindness, deafness or
26physical handicap of the user.

27(3) Deny or limit, through a quota system, employment or
28membership because of race, color, religious creed, ancestry,
29age, familial status, marital status, sex, national origin, non-
30job related handicap or disability, the use of a guide or

1support animal because of the blindness, deafness or physical
2handicap of the user or place of birth.

3(4) Substantially confine or limit recruitment or hiring of
4individuals, with intent to circumvent the spirit and purpose of
5this act, to any employment agency, employment service, labor
6organization, training school or training center or any other
7employe-referring source which services individuals who are
8predominantly of the same race, color, religious creed,
9ancestry, age, familial status, marital status, sex, national
10origin or non-job related handicap or disability.

11(5) Deny employment because of a prior handicap or
12disability.

13Nothing in clause (b) of this section shall bar any
14institution or organization for handicapped or disabled persons
15from limiting or giving preference in employment or membership
16to handicapped or disabled persons.

17(c) For any labor organization because of the race, color,
18religious creed, ancestry, age, familial status, marital status,
19sex, national origin, non-job related handicap or disability or
20the use of a guide or support animal because of the blindness,
21deafness or physical handicap of any individual to deny full and
22equal membership rights to any individual or otherwise to
23discriminate against such individuals with respect to hire,
24tenure, terms, conditions or privileges of employment or any
25other matter, directly or indirectly, related to employment.

26* * *

27(f) For any employment agency to fail or refuse to classify
28properly, refer for employment or otherwise to discriminate
29against any individual because of his race, color, religious
30creed, ancestry, age, sex, familial status, marital status,

1national origin, non-job related handicap or disability or the
2use of a guide or support animal because of the blindness,
3deafness or physical handicap of the user.

4(g) For any individual seeking employment to publish or
5cause to be published any advertisement which in any manner
6expresses a limitation or preference as to the race, color,
7religious creed, ancestry, age, sex, familial status, marital 
8status, national origin, non-job related handicap or disability
9or the use of a guide or support animal because of the
10blindness, deafness or physical handicap of any prospective
11employer.

12* * *

13Section 4. This act shall take effect in 60 days.