PRINTER'S NO. 625
No. 596 Session of 1981
INTRODUCED BY PETRARCA, KOLTER, CLARK, PUNT, CALTAGIRONE, PRATT,
COHEN, NOYE, MAIALE, HALUSKA, COLE, BROWN, PISTELLA, DAWIDA,
MICOZZIE, LETTERMAN, MORRIS, WIGGINS AND HARPER,
FEBRUARY 17, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 17, 1981
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222),
2 entitled, as amended, "An act prohibiting certain practices
3 of discrimination because of race, color, religious creed,
4 ancestry, age or national origin by employers, employment
5 agencies, labor organizations and others as herein defined;
6 creating the Pennsylvania Human Relations Commission in the
7 Department of Labor and Industry; defining its functions,
8 powers and duties; providing for procedure and enforcement;
9 providing for formulation of an educational program to
10 prevent prejudice; providing for judicial review and
11 enforcement and imposing penalties," prohibiting
12 discrimination by reason of certain medical conditions.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 2 and 3, act of October 27, 1955
16 (P.L.744, No.222), known as the "Pennsylvania Human Relations
17 Act," amended December 19, 1974 (P.L.966, No.318), are amended
18 to read:
19 Section 2. Findings and Declaration of Policy.--
20 (a) The practice or policy of discrimination against
21 individuals or groups by reason of their race, color, religious
22 creed, ancestry, handicap or disability, use of guide dogs
1 because of blindness of the user, age, sex, medical condition,
2 or national origin is a matter of concern of the Commonwealth.
3 Such discrimination foments domestic strife and unrest,
4 threatens the rights and privileges of the inhabitants of the
5 Commonwealth, and undermines the foundations of a free
6 democratic state. The denial of equal employment, housing and
7 public accommodation opportunities because of such
8 discrimination, and the consequent failure to utilize the
9 productive capacities of individuals to their fullest extent,
10 deprives large segments of the population of the Commonwealth of
11 earnings necessary to maintain decent standards of living,
12 necessitates their resort to public relief and intensifies group
13 conflicts, thereby resulting in grave injury to the public
14 health and welfare, compels many individuals to live in
15 dwellings which are substandard, unhealthful and overcrowded,
16 resulting in racial segregation in public schools and other
17 community facilities, juvenile delinquency and other evils,
18 thereby threatening the peace, health, safety and general
19 welfare of the Commonwealth and its inhabitants.
20 (b) It is hereby declared to be the public policy of this
21 Commonwealth to foster the employment of all individuals in
22 accordance with their fullest capacities regardless of their
23 race, color, religious creed, ancestry, handicap or disability,
24 use of guide dogs because of blindness of the user, age, sex,
25 medical condition, or national origin, and to safeguard their
26 right to obtain and hold employment without such discrimination,
27 to assure equal opportunities to all individuals and to
28 safeguard their rights at places of public accommodation and to
29 secure commercial housing regardless of race, color, religious
30 creed, ancestry, sex, medical condition, handicap or disability,
19810H0596B0625 - 2 -
1 use of guide dogs because of blindness of the user or national
2 origin.
3 (c) This act shall be deemed an exercise of the police power
4 of the Commonwealth for the protection of the public welfare,
5 prosperity, health and peace of the people of the Commonwealth
6 of Pennsylvania.
7 Section 3. Right to Freedom from Discrimination in
8 Employment, Housing and Places of Public Accommodation.--The
9 opportunity for an individual to obtain employment for which he
10 is qualified, and to obtain all the accommodations, advantages,
11 facilities and privileges of any place of public accommodation
12 and of commercial housing without discrimination because of
13 race, color, religious creed, ancestry, handicap or disability,
14 age, sex, medical condition, or national origin are hereby
15 recognized as and declared to be civil rights which shall be
16 enforceable as set forth in this act.
17 The opportunity of an individual to obtain all the
18 accommodations, advantages, facilities and privileges of
19 commercial housing without discrimination due to the sex of an
20 individual or to the use of a guide dog because of blindness of
21 the user is hereby recognized as and declared to be a civil
22 right which shall be enforceable as set forth in this act.
23 Section 2. Clause (b) of section 4 of the act, amended
24 November 26, 1978 (P.L.1292, No.309), is amended to read:
25 Section 4. Definitions.--As used in this act unless a
26 different meaning clearly appears from the context:
27 * * *
28 (b) The term "employer" includes the Commonwealth or any
29 political subdivision or board, department, commission or school
30 district thereof and any person employing four or more persons
19810H0596B0625 - 3 -
1 within the Commonwealth, but except as hereinafter provided,
2 does not include religious, fraternal, charitable or sectarian
3 corporations or associations, except such corporations or
4 associations supported, in whole or in part, by governmental
5 appropriations. The term "employer" with respect to
6 discriminatory practices based on race, color, age, sex,
7 national origin, medical condition, or non-job related handicap
8 or disability, includes religious, fraternal, charitable and
9 sectarian corporations and associations employing four or more
10 persons within the Commonwealth.
11 * * *
12 Section 3. Section 4 of the act is amended by adding a
13 clause to read:
14 Section 4. Definitions.--As used in this act unless a
15 different meaning clearly appears from the context:
16 * * *
17 (q) The term "medical condition" means any health impairment
18 related to or associated with a diagnosis of cancer, for which a
19 person has had a substantial remission or cure, based on
20 competent medical evidence.
21 Section 4. Section 5 of the act, amended February 28, 1961
22 (P.L.47, No.19), December 27, 1965 (P.L.1224, No.497), July 9,
23 1969 (P.L.133, No.56), June 9, 1972 (P.L.368, No.102), December
24 19, 1974 (P.L.966, No.318), November 26, 1978 (P.L.1292,
25 No.309), January 10, 1980 (No.1), and December 9, 1980 (No.198),
26 is amended to read:
27 Section 5. Unlawful Discriminatory Practices.--It shall be
28 an unlawful discriminatory practice, unless based upon a bona
29 fide occupational qualification, or in the case of a fraternal
30 corporation or association, unless based upon membership in such
19810H0596B0625 - 4 -
1 association or corporation, or except where based upon
2 applicable security regulations established by the United States
3 or the Commonwealth of Pennsylvania:
4 (a) For any employer because of the race, color, religious
5 creed, ancestry, age, sex, national origin, medical condition,
6 or non-job related handicap or disability of any individual to
7 refuse to hire or employ, or to bar or to discharge from
8 employment such individual, or to otherwise discriminate against
9 such individual with respect to compensation, hire, tenure,
10 terms, conditions or privileges of employment, if the individual
11 is the best able and most competent to perform the services
12 required. The provision of this paragraph shall not apply, to
13 (1) termination of employment because of the terms or conditions
14 of any bona fide retirement or pension plan, (2) operation of
15 the terms or conditions of any bona fide retirement or pension
16 plan which have the effect of a minimum service requirement, (3)
17 operation of the terms or conditions of any bona fide group or
18 employe insurance plan, (4) age limitations placed upon entry
19 into bona fide apprenticeship programs of two years or more
20 approved by the State Apprenticeship and Training Council of the
21 Department of Labor and Industry, established by the act of July
22 14, 1961 (P.L.604, No.304), known as "The Apprenticeship and
23 Training Act." Notwithstanding any provision of this clause, it
24 shall not be an unlawful employment practice for a religious
25 corporation or association to hire or employ on the basis of sex
26 in those certain instances where sex is a bona fide occupational
27 qualification because of the religious beliefs, practices, or
28 observances of that corporation, or association.
29 (b) For any employer, employment agency or labor
30 organization, prior to the employment or admission to
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1 membership, to
2 (1) Elicit any information or make or keep a record of or
3 use any form or application or application blank containing
4 questions or entries concerning the race, color, religious
5 creed, ancestry, sex, national origin, medical condition, or
6 past handicap or disability of any applicant for employment or
7 membership. An employer may inquire as to the existence and
8 nature of a present handicap or disability. To determine whether
9 such handicap or disability substantially interferes with the
10 ability to perform the essential function of the employment
11 which is applied for, is being engaged in, or has been engaged
12 in, the employer must inquire beyond the mere existence of a
13 handicap or disability.
14 (2) Print or publish or cause to be printed or published any
15 notice or advertisement relating to employment or membership
16 indicating any preference, limitation, specification or
17 discrimination based upon race, color, religious creed,
18 ancestry, age, sex, national origin, medical condition, or non-
19 job related handicap or disability.
20 (3) Deny or limit, through a quota system, employment or
21 membership because of race, color, religious creed, ancestry,
22 age, sex, national origin, medical condition, non-job related
23 handicap or disability or place of birth.
24 (4) Substantially confine or limit recruitment or hiring of
25 individuals, with intent to circumvent the spirit and purpose of
26 this act, to any employment agency, employment service, labor
27 organization, training school or training center or any other
28 employe-referring source which services individuals who are
29 predominantly of the same race, color, religious creed,
30 ancestry, age, sex, national origin, medical condition, or non-
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1 job related handicap or disability.
2 (5) Deny employment because of a prior handicap or
3 disability.
4 Nothing in clause (b) of this section shall bar any
5 institution or organization for handicapped or disabled persons
6 from limiting or giving preference in employment or membership
7 to handicapped or disabled persons.
8 (c) For any labor organization because of the race, color,
9 religious creed, ancestry, age, sex, medical condition, or
10 national origin of any individual to deny full and equal
11 membership rights to any individual or otherwise to discriminate
12 against such individuals with respect to hire, tenure, terms,
13 conditions or privileges of employment or any other matter,
14 directly or indirectly, related to employment.
15 (d) For any employer, employment agency or labor
16 organization to discriminate in any manner against any
17 individual because such individual has opposed any practice
18 forbidden by this act, or because such individual has made a
19 charge, testified or assisted, in any manner, in any
20 investigation, proceeding or hearing under this act.
21 (e) For any person, whether or not an employer, employment
22 agency, labor organization or employe, to aid, abet, incite,
23 compel or coerce the doing of any act declared by this section
24 to be an unlawful discriminatory practice, or to obstruct or
25 prevent any person from complying with the provisions of this
26 act or any order issued thereunder, or to attempt, directly or
27 indirectly, to commit any act declared by this section to be
28 unlawful discriminatory practice.
29 (f) For any employment agency to fail or refuse to classify
30 properly, refer for employment or otherwise to discriminate
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1 against any individual because of his race, color, religious
2 creed, ancestry, age, sex, national origin, medical condition,
3 or non-job related handicap or disability.
4 (g) For any individual seeking employment to publish or
5 cause to be published any advertisement which specifies or in
6 any manner expresses his race, color, religious creed, ancestry,
7 age, sex, medical condition, or national origin, or in any
8 manner expresses a limitation or preference as to the race,
9 color, religious creed, ancestry, age, sex, medical condition,
10 or national origin of any prospective employer.
11 (h) For any person to:
12 (1) Refuse to sell, lease, finance or otherwise to deny or
13 withold commercial housing from any person because of the race,
14 color, religious creed, ancestry, sex, national origin, medical
15 condition, or handicap or disability of any prospective owner,
16 occupant or user of such commercial housing, or to refuse to
17 lease commercial housing to any person due to use of a guide dog
18 because of the blindness of the user.
19 (2) Refuse to lend money, whether or not secured by mortgage
20 or otherwise for the acquisition, construction, rehabilitation,
21 repair or maintenance of commercial housing or otherwise
22 withhold financing of commercial housing from any person because
23 of the race, color, religious creed, ancestry, sex, national
24 origin, medical condition, or handicap or disability of any
25 present or prospective owner, occupant or user of such
26 commercial housing.
27 (3) Discriminate against any person in the terms or
28 conditions of selling or leasing any commercial housing or in
29 furnishing facilities, services or privileges in connection with
30 the ownership, occupancy or use of any commercial housing
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1 because of the race, color, religious creed, ancestry, sex,
2 national origin, medical condition, or handicap or disability of
3 any present or prospective owner, occupant or user of such
4 commercial housing or to discriminate against any person in the
5 terms of leasing any commercial housing or in furnishing
6 facilities, services or privileges in connection with the
7 occupancy or use of any commercial housing due to use of a guide
8 dog because of the blindness of the user.
9 (4) Discriminate against any person in the terms or
10 conditions of any loan of money, whether or not secured by
11 mortgage or otherwise for the acquisition, construction,
12 rehabilitation, repair or maintenance of commercial housing
13 because of the race, color, religious creed, ancestry, sex,
14 national origin, medical condition, or handicap or disability of
15 any present or prospective owner, occupant or user of such
16 commercial housing.
17 (5) Print, publish or circulate any statement or
18 advertisement relating to the sale, lease or acquisition of any
19 commercial housing or the loan of money, whether or not secured
20 by mortgage, or otherwise for the acquisition, construction,
21 rehabilitation, repair or maintenance of commercial housing
22 which indicates any preference, limitation, specification, or
23 discrimination based upon race, color, religious creed,
24 ancestry, sex, national origin, medical condition, or handicap
25 or disability, or to print, publish or circulate any statement
26 or advertisement relating to the lease of any commercial
27 dwelling which indicates any preference, limitation,
28 specification or discrimination based upon use of a guide dog
29 because of the blindness of the user.
30 (6) Make any inquiry, elicit any information, make or keep
19810H0596B0625 - 9 -
1 any record or use any form of application, containing questions
2 or entries concerning race, color, religious creed, ancestry,
3 sex, national origin, medical condition, or handicap or
4 disability in connection with the sale or lease of any
5 commercial housing or loan of any money, whether or not secured
6 by mortgage or otherwise for the acquisition, construction,
7 rehabilitation, repair or maintenance of commercial housing, or
8 to make any inquiry, elicit any information, make or keep any
9 record or use any form of application, containing questions or
10 entries concerning the use of a guide dog because of the
11 blindness of the user, in connection with the lease of any
12 commercial housing.
13 (i) For any person being the owner, lessee, proprietor,
14 manager, superintendent, agent or employe of any place of public
15 accommodation, resort or amusement to
16 (1) Refuse, withhold from, or deny to any person because of
17 his race, color, sex, religious creed, ancestry, national
18 origin, medical condition, or handicap or disability, or to any
19 person due to use of a guide dog because of the blindness of the
20 user, either directly or indirectly, any of the accommodations,
21 advantages, facilities or privileges of such place of public
22 accommodation, resort or amusement.
23 (2) Publish, circulate, issue, display, post or mail, either
24 directly or indirectly, any written or printed communication,
25 notice or advertisement to the effect that any of the
26 accommodations, advantages, facilities and privileges of any
27 such place shall be refused, withheld from or denied to any
28 person on account of race, color, religious creed, ancestry,
29 national origin, medical condition, or handicap or disability,
30 or to any person due to use of a guide dog because of the
19810H0596B0625 - 10 -
1 blindness of the user, or that the patronage or custom thereat
2 of any person, belonging to or purporting to be of any
3 particular race, color, religious creed, ancestry, national
4 origin, medical condition, or handicap or disability or to any
5 person due to use of a guide dog because of the blindness of the
6 user, is unwelcome, objectionable or not acceptable, desired or
7 solicited.
8 Nothing in clause (h) of this section shall bar any religious
9 or denominational institution or organization or any charitable
10 or educational organization, which is operated, supervised or
11 controlled by or in connection with a religious organization or
12 any bona fide private or fraternal organization from giving
13 preference to persons of the same religion or denomination or to
14 members of such private or fraternal organization or from making
15 such selection as is calculated by such organization to promote
16 the religious principles or the aims, purposes or fraternal
17 principles for which it is established or maintained. Nor shall
18 it apply to the rental of rooms or apartments in a landlord
19 occupied rooming house with a common entrance.
20 (j) For any person subject to the act to fail to post and
21 exhibit prominently in his place of business any fair practices
22 notice prepared and distributed by the Pennsylvania Human
23 Relations Commission.
24 (k) For any employer to discriminate against an employe or a
25 prospective employe because he only has a general education
26 development certificate as compared to a high school diploma.
27 However, should vocational technical training or other special
28 training be required with regard to a specific position, then
29 such training or special training may be considered by the
30 employer.
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1 This section of the act as amended shall not be construed to
2 prohibit the refusal to hire or the dismissal of a person who is
3 not able to function properly in the job applied for or engaged
4 in.
5 Section 5. This act shall take effect in 60 days.
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