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, for right to freedom from discrimination in 
13employment, housing and public accommodation; defining 
14"marital status"; and further providing for unlawful 
15discriminatory practices.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Sections 2 and 3 of the act of October 27, 1955 
19(P.L.744, No.222), known as the Pennsylvania Human Relations 
20Act, amended December 20, 1991 (P.L.414, No.51), are amended to 
21read:

22Section 2. Findings and Declaration of Policy.--

23(a) The practice or policy of discrimination against
24individuals or groups by reason of their race, color, familial

1status, marital status, religious creed, ancestry, age, sex,
2national origin, handicap or disability, use of guide or support
3animals because of the blindness, deafness or physical handicap
4of the user or because the user is a handler or trainer of
5support or guide animals is a matter of concern of the
6Commonwealth. Such discrimination foments domestic strife and
7unrest, threatens the rights and privileges of the inhabitants
8of the Commonwealth, and undermines the foundations of a free
9democratic state. The denial of equal employment, housing and
10public accommodation opportunities because of such
11discrimination, and the consequent failure to utilize the
12productive capacities of individuals to their fullest extent,
13deprives large segments of the population of the Commonwealth of
14earnings necessary to maintain decent standards of living,
15necessitates their resort to public relief and intensifies group
16conflicts, thereby resulting in grave injury to the public
17health and welfare, compels many individuals to live in
18dwellings which are substandard, unhealthful and overcrowded,
19resulting in racial segregation in public schools and other
20community facilities, juvenile delinquency and other evils,
21thereby threatening the peace, health, safety and general
22welfare of the Commonwealth and its inhabitants.

23(b) It is hereby declared to be the public policy of this
24Commonwealth to foster the employment of all individuals in
25accordance with their fullest capacities regardless of their
26race, color, religious creed, familial status, marital status,
27ancestry, age, sex, national origin, handicap or disability, use
28of guide or support animals because of the blindness, deafness
29or physical handicap of the user or because the user is a
30handler or trainer of support or guide animals, and to safeguard

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

10(c) This act shall be deemed an exercise of the police power
11of the Commonwealth for the protection of the public welfare,
12prosperity, health and peace of the people of the Commonwealth
13of Pennsylvania.

14Section 3. Right to Freedom from Discrimination in
15Employment, Housing and Public Accommodation.--The opportunity
16for an individual to obtain employment for which he is
17qualified, and to obtain all the accommodations, advantages,
18facilities and privileges of any public accommodation and of any
19housing accommodation and commercial property without
20discrimination because of race, color, familial status, marital 
21status, religious creed, ancestry, handicap or disability, age,
22sex, national origin, the use of a guide or support animal
23because of the blindness, deafness or physical handicap of the
24user or because the user is a handler or trainer of support or
25guide animals is hereby recognized as and declared to be a civil
26right which shall be enforceable as set forth in this act.

27Section 2. Section 4(t) of the act, amended July 12, 1996
28(P.L.684, No.117), is amended and the section is amended by
29adding a clause to read:

30Section 4. Definitions.--As used in this act unless a

1different meaning clearly appears from the context:

2* * *

3(t) The term "familial status" means one or more individuals
4who have not attained the age of eighteen years being domiciled
5with:

6(1) a parent or other person having legal custody of such
7individual or individuals; or

8(2) the designee of such parent or other person having such
9custody, with the written permission of such parent or other
10person.

11The term includes an individual who is a provider of care, or is
12perceived to be a provider of care, for a family member, whether
13in the past, present or future. The term "family member" shall
14include the employe's spouse, domestic partner, children,
15including through adoption or other legal custodial
16relationship, household members, parents and all other persons
17related to the employe and the employe's spouse and children by
18marriage, blood or consanguinity.

19The protections afforded against discrimination on the basis of
20familial status shall apply to any person who is pregnant or is
21in the process of securing legal custody of any individual who
22has not attained the age of 18 years.

23* * *

24(bb) The term "marital status" means whether a person is
25single, married, divorced, separated or widowed.

26Section 3. Section 5(a), (b), (c), (f) and (g) of the act, 
27amended December 20, 1991 (P.L.414, No.51), are amended to read:

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

1corporation or association, unless based upon membership in such
2association or corporation, or except where based upon
3applicable security regulations established by the United States
4or the Commonwealth of Pennsylvania:

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

1qualification because of the religious beliefs, practices, or 
2observances of the corporation, or association.

3(b) For any employer, employment agency or labor
4organization, prior to the employment, contracting with an
5independent contractor or admission to membership, to:

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

18(2) Print or publish or cause to be printed or published any
19notice or advertisement relating to employment or membership
20indicating any preference, limitation, specification or
21discrimination based upon race, color, religious creed,
22ancestry, age, familial status, marital status, sex, national
23origin, non-job related handicap or disability or the use of a
24guide or support animal because of the blindness, deafness or
25physical handicap of the user.

26(3) Deny or limit, through a quota system, employment or
27membership because of race, color, religious creed, ancestry,
28age, familial status, marital status, sex, national origin, non-
29job related handicap or disability, the use of a guide or
30support animal because of the blindness, deafness or physical

1handicap of the user or place of birth.

2(4) Substantially confine or limit recruitment or hiring of
3individuals, with intent to circumvent the spirit and purpose of
4this act, to any employment agency, employment service, labor
5organization, training school or training center or any other
6employe-referring source which services individuals who are
7predominantly of the same race, color, religious creed,
8ancestry, age, familial status, marital status, sex, national
9origin or non-job related handicap or disability.

10(5) Deny employment because of a prior handicap or
11disability.

12Nothing in clause (b) of this section shall bar any
13institution or organization for handicapped or disabled persons
14from limiting or giving preference in employment or membership
15to handicapped or disabled persons.

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

25* * *

26(f) For any employment agency to fail or refuse to classify
27properly, refer for employment or otherwise to discriminate
28against any individual because of his race, color, religious
29creed, ancestry, age, sex, familial status, marital status,
30national origin, non-job related handicap or disability or the

1use of a guide or support animal because of the blindness,
2deafness or physical handicap of the user.

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

11* * *

12Section 4. This act shall take effect in 60 days.