Regular Session 2015-2016 Senate Bill 1306 P.N. 1908

PRINTER'S NO. 1908

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1306

Session of

2015

INTRODUCED BY BROWNE, JUNE 10, 2016

REFERRED TO LABOR AND INDUSTRY, JUNE 10, 2016

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 powers and duties of commission, for

educational program and for construction and exclusiveness of

remedy.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title and sections 2 and 3 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),

are amended to read:

AN ACT

Prohibiting certain practices of discrimination because of race,

color, religious creed, ancestry, sex, sexual orientation,

gender identity or expression, 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.

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, sexual orientation,

gender identity or expression, national origin, handicap or

disability, use of guide or support animals because of the

blindness, deafness or physical handicap 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 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

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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. Public policies, reflecting an open and welcoming

environment and ensuring equal opportunity, foster economic

growth and prosperity which benefit the inhabitants of this

Commonwealth. Conversely, the absence of nondiscrimination

protections hinder efforts to recruit and retain the diversity

of talented individuals and successful enterprises required for

a thriving economy and strong public sector on which the

inhabitants of this Commonwealth depend.

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

Commonwealth [to]:

(1) To foster the employment of all individuals in

accordance with their fullest capacities regardless of their

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

orientation, gender identity or expression, national origin,

handicap or disability, use of guide or support animals because

of the blindness, deafness or physical handicap 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].

(2) 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.

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(3) To assure equal opportunities to all individuals and to

safeguard their rights 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

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,

sexual orientation, gender identity or expression, national

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

blindness, deafness or physical handicap 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 2. The act is amended by adding sections to read:

Section 3.1. Right to Freedom from Discrimination in

Housing.--The opportunity for an individual to obtain all the

accommodations, advantages, facilities and privileges of any

housing accommodation and commercial property without

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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 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 3.2. Right to Freedom from Discrimination in Public

Accommodation.--The opportunity for an individual to obtain all

the accommodations, advantages, facilities and privileges of any

public accommodation 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 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 3. Section 4(b) of the act, amended December 20,

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

adding subsections to read:

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

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associations supported, in whole or in part, by governmental

appropriations. The term "employer" with respect to

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

orientation, gender identity or expression, 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.

* * *

(bb) The term "sexual orientation" means heterosexuality,

homosexuality or bisexuality.

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

gender-related identity, appearance, mannerisms, expression or

other gender-related characteristics of an individual regardless

of the individual's designated sex at birth.

Section 4. Sections 5(a), (b), (c), (f) and (g) and 7(i),

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

No.51), are amended to read:

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, sexual orientation, gender identity

or expression, 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 of any individual

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or independent contractor, to refuse to hire or employ or

contract with, or to bar or to 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] provisions 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. Except as

otherwise required by law, it is not an unlawful discriminatory

practice based on race, color, religious creed, ancestry, age,

sexual orientation, gender identity or expression or national

origin under this act to fail or refuse to construct new or

additional facilities.

(b) For any employer, employment agency or labor

organization, prior to the employment, contracting with an

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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, sexual orientation, gender identity

or expression, national origin, past handicap or disability or

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

deafness or physical handicap 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, sexual orientation, gender identity or

expression, 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 of the user.

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

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

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

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

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

or physical handicap 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

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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, sexual orientation, gender identity or

expression, national origin or non-job related handicap or

disability.

(5) Deny employment because of a prior handicap or

disability.

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

institution or organization for handicapped or disabled persons

from limiting or giving preference in employment or membership

to handicapped or disabled persons.

religious creed, ancestry, age, sex, sexual orientation, gender

identity or expression, 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 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.

* * *

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

properly, refer for employment or otherwise to discriminate

against any individual because of his race, color, religious

creed, ancestry, age, sex, sexual orientation, gender identity

or expression, 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 of the user.

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(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, sexual orientation, gender

identity or expression, 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 of any

prospective employer.

* * *

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, sexual orientation, gender identity or

expression, 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

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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, sexual orientation, gender identity or

expression, 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,

sexual orientation, gender identity or expression, handicap or

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

the blindness, deafness or physical handicap of the user or

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

animals, as may be desirable.

* * *

Section 5. 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

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

principles of United States culture, in order to promote

cultural understanding and appreciation and to further good will

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

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

gender identity or expression, national origin, handicap or

disability.

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

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

adding a subsection 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, sexual orientation,

gender identity or expression, 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

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act shall apply to such municipal ordinance.

* * *

(g) Nothing in this act shall prohibit an employer from

requiring an employe, during the employe's hours at work, to

adhere to reasonable dress or grooming standards not prohibited

by other provisions of Federal, State or local law, provided

that the employer permits any employe to adhere to the dress or

grooming standards that are consistent with the employe's gender

identity or expression.

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

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