Regular Session 2017-2018 House Bill 0402 P.N. 0414

PRINTER'S NO. 414

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

402

Session of

2017

INTRODUCED BY GROVE, RYAN, BLOOM, GREINER, MILLARD, KAUFFMAN,

V. BROWN, B. MILLER, A. HARRIS, COX, ZIMMERMAN AND GILLEN,

FEBRUARY 8, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 8, 2017

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 procedure; providing for

reimbursement against wrongful claims; further providing for

construction and exclusiveness of remedy; repealing

provisions relating to local human relations commissions; and

prohibiting local human relations commissions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9(b) and (e) of the act of October 27,

1955 (P.L.744, No.222), known as the Pennsylvania Human

Relations Act, are amended and the section is amended by adding

subsections to read:

Section 9. Procedure.--* * *

(b) (1) After the filing of any complaint, or whenever

there is reason to believe that an unlawful discriminatory

practice has been committed, the Commission shall make a prompt

investigation in connection therewith. If the Commission does

not complete its investigation, it may, after one hundred eighty

days of receiving a complaint, make a determination in

accordance with subsection (c). A hearing under subsection (e)

shall occur only if probable cause of disparate treatment exists

and the parties choose not to settle.

(2) The Commission shall send a copy of the complaint to the

named respondent within [thirty] twenty days from the date of

docketing the complaint, unless otherwise required by the Fair

Housing Act[.] in accordance with the following:

(i) The Commission shall not request information a second

time after a respondent provides the information to the

Commission's request.

(ii) If a respondent fails to provide evidence or the

Commission has reasonable proof that a respondent has failed to

provide requested information, the Commission may request the

Attorney General subpoena the information on behalf of the

Commission.

(3) A respondent shall file a written, verified answer to

the complaint within [thirty] twenty days of service of the

complaint, unless otherwise required by the Fair Housing Act.

The Commission, upon request of the respondent, may grant an

extension of not more than thirty additional days, unless

otherwise required by the Fair Housing Act.

(4) After service of the complaint, the Commission shall

encourage voluntary and informed predetermination settlements

between parties, including mediation by a neutral arbitrator

under rules and procedures specified by the Commission.

* * *

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(e) The case in support of the complaint shall be presented

before the Commission or before a permanent hearing examiner

designated by the Commission for the purpose of hearing said

complaint by one of its attorneys or agents, by the

complainant's attorney or by a designated agent of the

complainant. The respondent may appear at such hearing in person

or otherwise, with or without counsel, and submit testimony. The

complainant may likewise appear at such hearing in person or

otherwise, with or without counsel, and submit testimony. The

Commission or the complainant shall have the power reasonably

and fairly to amend any complaint, and the respondent shall have

like power to amend his answer. The Commission shall not be

bound by the strict rules of evidence prevailing in courts of

law or equity. The Commission or the permanent hearing examiner

shall make a determination within thirty days after the

conclusion of the hearing. The testimony taken at the hearing

shall be under oath and be transcribed[.] and shall be heard for

a period of not more than five days of testimony. If the

Commission or the permanent hearing examiner determines, upon

request of either party, that more time is necessary, the

hearing may extend an additional seven days.

* * *

(k) Only disparate treatment claims may be brought under

this act. Disparate treatment may be proven by a repeated

history and pattern of decisions that have a disparate impact on

an individual class protected under this act.

(l) Except as otherwise provided under law, an unlawful

discriminatory practice is established when the complainant

demonstrates that discrimination was a motivating factor for any

employment practice, even though other factors also motivated

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the practice.

Section 2. The act is amended by adding a section to read:

Section 11.1. Reimbursement Against Wrongful Claims.-- After

a hearing under section 9(e), if a claim against a defendant is

determined to be unfounded, the defendant may seek and the

Commission may award reimbursement for reasonable attorney fees

incurred during the proceedings under section 9.

Section 3. Section 12 of the act is amended by adding a

subsection to read:

Section 12. Construction and Exclusiveness of Remedy.--

* * *

(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.

Section 4. Section 12.1 of the act is repealed:

[Section 12.1. Local Human Relations Commissions.--(a) The

legislative body of a political subdivision may, by ordinance or

resolution, authorize the establishment or membership in and

support of a Local Human Relations Commission. The number and

qualifications of the members of any local commission and their

terms and method of appointment or removal shall be such as may

be determined and agreed upon by the legislative body, except

that no such member shall hold office in any political party.

Members of a local commission shall serve without salary but may

be paid expenses incurred in the performance of their duties.

(b) The legislative body of any political subdivision shall

have the authority to appropriate funds, in such amounts as may

be deemed necessary, for the purpose of contributing to the

operation of a local commission including the payment of its

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share of the salary of an investigator or staff member acting

jointly for it and one or more other local commissions.

such employes and staff, as it may deem necessary, to fulfill

its purpose including the power to appoint an investigator or

staff member to act jointly for it and one or more other local

commissions.

(d) The legislative bodies of political subdivisions shall

have the authority to grant to local commissions powers and

duties similar to those now exercised by the Pennsylvania Human

Relations Commission under the provisions of this act.

(e) The local human relations commission shall notify the

Pennsylvania Human Relations Commission of complaints received

involving discriminatory acts within that commission's

jurisdiction.]

Section 5. The act is amended by adding a section to read:

Section 12.3. Local Human Relations Commissions

Prohibited.-- (a) The legislative body of a political

subdivision may not, by ordinance or resolution, authorize the

establishment or membership in and support of a local human

relations commission with the same powers as the Commission

under this act.

(b) This act shall apply to each local human relations

commission. Each local human relations commission shall comply

with the policies and procedures in place for the Commission.

may not be brought before the Commission.

Section 6. The amendment of section 9(b) and (e) of the act

shall apply to complaints filed with the commission under

section 9(a) of the act on or after the effective date of this

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section.

Section 7. This act shall take effect in 60 days.

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