PRIOR PRINTER'S NO. 1556
PRINTER'S NO. 1827
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1394
Session of
2023
INTRODUCED BY MAYES, McCLINTON, BELLMON, HOHENSTEIN, RABB,
KINSEY, McNEILL, KENYATTA, STEELE, PROBST, MADDEN, BRENNAN,
SCHLOSSBERG, HILL-EVANS, HANBIDGE, KAZEEM, BENHAM, BOROWSKI,
SMITH-WADE-EL, CERRATO, KIM, WARREN, PISCIOTTANO, MERSKI,
PARKER, BULLOCK, SALISBURY, KHAN, SHUSTERMAN, CEPEDA-FREYTIZ,
WAXMAN, MALAGARI, MADSEN, CURRY, DONAHUE, A. BROWN, ABNEY,
INNAMORATO, HARRIS, N. NELSON, KRAJEWSKI, SCOTT, TAKAC,
FRANKEL, YOUNG, SANCHEZ, D. WILLIAMS, GREEN, FIEDLER,
MULLINS, DALEY, GERGELY, GUZMAN, OTTEN, McANDREW, BOYD,
FLEMING, WEBSTER, O'MARA, FRIEL, KOSIEROWSKI, BRIGGS, BURGOS,
DEASY, MARKOSEK, HOWARD, PIELLI, CONKLIN, CEPHAS, GALLAGHER,
KULIK, KINKEAD, SIEGEL, GIRAL, CIRESI, GUENST AND SAPPEY,
JUNE 13, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 6, 2023
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"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 definitions.
AMENDING THE ACT OF OCTOBER 27, 1955 (P.L.744, NO.222), ENTITLED
"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 DEFINITIONS.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended by adding clauses to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(bb) The term "race" includes traits historically associated
with race, including hair texture and protective hairstyles.
(cc) The term "protective hairstyle" includes, but is not
limited to, such hairstyles as dreads, locs, braids, twists,
coils, Bantu knots, cornrows and extensions.
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTION 4 OF THE ACT OF OCTOBER 27, 1955
(P.L.744, NO.222), KNOWN AS THE PENNSYLVANIA HUMAN RELATIONS
ACT, IS AMENDED BY ADDING CLAUSES TO READ:
SECTION 4. DEFINITIONS.--AS USED IN THIS ACT UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
* * *
(BB) THE TERM "RACE" INCLUDES TRAITS ASSOCIATED WITH RACE,
INCLUDING HAIR TEXTURE AND PROTECTIVE HAIRSTYLES. NOTHING IN
THIS CLAUSE SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYER FROM
ADOPTING AND ENFORCING AN OTHERWISE VALID WORKPLACE HEALTH AND
SAFETY RULE OR POLICY PROVIDED THE EMPLOYER DEMONSTRATES ALL OF
THE FOLLOWING:
(1) WITHOUT THE ADOPTION OF THE RULE OR POLICY IT IS
REASONABLY CERTAIN THAT THE HEALTH OR SAFETY OF AN EMPLOYE OR
OTHER MATERIALLY CONNECTED PERSON WILL BE IMPAIRED.
(2) THE RULE OR POLICY IS ADOPTED FOR NONDISCRIMINATORY
20230HB1394PN1827 - 2 -
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REASONS.
(3) THE RULE OR POLICY IS APPLIED EQUALLY AND DOES NOT HAVE
A DISPROPORTIONATE ADVERSE IMPACT ON A GROUP OF INDIVIDUALS
BASED ON TRAITS ASSOCIATED WITH RACE.
(4) THE RULE OR POLICY IS SPECIFICALLY TAILORED TO THE
APPLICABLE POSITION AND ACTIVITY.
(CC) THE TERM "PROTECTIVE HAIRSTYLE" INCLUDES, BUT IS NOT
LIMITED TO, SUCH HAIRSTYLES AS LOCS, BRAIDS, TWISTS, COILS,
BANTU KNOTS, AFROS AND EXTENSIONS.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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