Regular Session 2015-2016 House Bill 1664 P.N. 2442

PRINTER'S NO. 2442

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1664

Session of

2015

INTRODUCED BY KAMPF, SCHLOSSBERG, THOMAS, PASHINSKI, BISHOP,

DRISCOLL, BOYLE, LEWIS, MURT, SCHWEYER, ZIMMERMAN, D. COSTA,

WARD, DiGIROLAMO, BRADFORD AND WATSON, OCTOBER 23, 2015

REFERRED TO COMMITTEE ON HUMAN SERVICES, OCTOBER 23, 2015

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 the title of the act, for

findings and declaration of policy, for right to freedom from

discrimination in employment, housing and public

accommodation, for definitions, for unlawful discriminatory

practices, for prohibition of certain real estate practices,

for powers and duties of the commission, for educational

program, for construction and exclusiveness of remedy and for

cooperation of State agencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title 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), is amended to

read:

AN ACT

Prohibiting certain practices of discrimination because of race,

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

or disability 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. Sections 2, 3, 4(b), (p) and (p.1), 5, 5.3 and 7(i),

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

No.51), are amended to read:

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,

[handicap or] disability, use of guide or support animals

because of the blindness, deafness or physical [handicap]

disability 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

20150HB1664PN2442 - 2 -

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] disability 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, [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.

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

20150HB1664PN2442 - 3 -

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, the use of a guide or support animal because of

the blindness, deafness or physical [handicap] disability 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 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 or non-job related [handicap or] disability,

includes religious, fraternal, charitable and sectarian

corporations and associations employing four or more persons

within the Commonwealth.

* * *

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

means any [handicap or] disability which does not substantially

20150HB1664PN2442 - 4 -

interfere with the ability to perform the essential functions of

the employment which a [handicapped] person with a disability

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 history or 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).

* * *

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 or non-job related

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

because of the blindness, deafness or physical [handicap]

disability of any individual or independent contractor, to

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

20150HB1664PN2442 - 5 -

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, past [handicap or]

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

20150HB1664PN2442 - 6 -

the blindness, deafness or physical [handicap] disability 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, non-job related [handicap

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

of the blindness, deafness or physical [handicap] disability 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, non-job related [handicap or]

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

blindness, deafness or physical [handicap] disability 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 or non-job related [handicap

or] disability.

(5) Deny employment because of a prior [handicap or]

20150HB1664PN2442 - 7 -

disability.

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

institution or organization for [handicapped or disabled]

persons with disabilities from limiting or giving preference in

employment or membership to [handicapped or disabled] persons

with disabilities.

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] disability 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

20150HB1664PN2442 - 8 -

properly, refer for employment or otherwise to discriminate

against any individual because of his 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]

disability 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, non-job

related [handicap or] disability or the use of a guide or

support animal because of the blindness, deafness or physical

[handicap] disability 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 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] disability 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.

20150HB1664PN2442 - 9 -

(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 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] disability 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

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] disability 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] disability, reasonable modifications of existing

premises occupied or to be occupied by such person if such

modifications may be necessary to afford such person full

20150HB1664PN2442 - 10 -

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 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] disability 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 race, color, familial status, age,

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

20150HB1664PN2442 - 11 -

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]

disability 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 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] disability 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.

20150HB1664PN2442 - 12 -

(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 race, color, religious creed,

ancestry, national origin, sex, age, [handicap or] disability,

use of a guide or support animal because of a physical

[handicap] disability 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 race, color, religious creed,

ancestry, national origin, sex, age, [handicap or] disability,

use of a guide or support animal because of a physical

[handicap] disability 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

20150HB1664PN2442 - 13 -

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:

20150HB1664PN2442 - 14 -

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

his 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] disability 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 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] disability 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 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] disability 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]

20150HB1664PN2442 - 15 -

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 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

20150HB1664PN2442 - 16 -

any neighborhood, community or area adjacent to any other area

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

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 race, color, familial status,

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

or] disability, or who are guide or support animal dependent.

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 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,

20150HB1664PN2442 - 17 -

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 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] disability of the user.

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 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

20150HB1664PN2442 - 18 -

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 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, age, sex,

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

because of the blindness, deafness or physical [handicap]

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

trainer of support or guide animals, as may be desirable.

* * *

Section 3. 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

20150HB1664PN2442 - 19 -

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[,

handicap] or disability.

Section 4. Sections 12(b) and (d) and 12.2, amended December

20, 1991 (P.L.414, No.51), of the act are 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 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.

* * *

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

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

disability.

20150HB1664PN2442 - 20 -

* * *

Section 12.2. Cooperation of State Agencies.--The Bureau of

Blindness and Visual Services, the Office of Vocational

Rehabilitation, the Office for the Deaf and Hearing Impaired,

and any other State agency which seeks to aid persons with

[handicaps or disability] disabilities shall assist employers,

the Commission and the courts of this Commonwealth in the

implementation and enforcement of this act by providing

expertise in the area of [handicaps and] disabilities.

Section 5. This act shall take effect in 60 days.

20150HB1664PN2442 - 21 -