PRINTER'S NO. 3036
No. 2198 Session of 1984
INTRODUCED BY STEVENS, COLAFELLA, WOGAN, LUCYK, OLASZ, DeLUCA,
PETRARCA, HALUSKA, SALVATORE, BATTISTO, PERZEL, BOWSER,
GEIST, LASHINGER, MERRY, JOHNSON, SIRIANNI AND E. Z. TAYLOR,
MAY 29, 1984
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 1984
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," further limiting questions
14 which may be asked on civil service applications and
15 examinations.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 502 of the act of August 5, 1941
19 (P.L.752, No.286), known as the Civil Service Act, amended
20 August 27, 1963 (P.L.1257, No.520), is amended to read:
21 Section 502. Nature of Examinations.--The director shall
22 give examinations to establish employment and promotion lists.
23 The tests in such examination may be written or oral, or a
1 demonstration of skill, or an evaluation of experience and
2 education, or a combination of these, which shall fairly
3 appraise and determine the merit, qualifications, fitness and
4 ability of competitors. Such tests shall be practical in
5 character and shall relate to the duties and responsibilities of
6 the position for which the applicant is being examined and shall
7 fairly test the relative capacity and fitness of persons
8 examined to perform the duties of the class of positions to
9 which they seek to be appointed or promoted. An applicant may be
10 required to possess scholastic education qualifications only if
11 the position for which he is being examined requires
12 professional or technical knowledges, skills and abilities, or
13 if such scholastic qualifications are required to assure the
14 continued eligibility of the Commonwealth for Federal grants-in-
15 aid. No greater credit for experience gained during a
16 provisional, emergency or temporary appointment under this act
17 or acts repealed hereby shall be given to any person in any
18 examination than is given in such examination for experience in
19 the same type of work performed in a similar position not under
20 the provisions of this act or acts repealed hereby. In
21 evaluating experience in order to compute the final rating in
22 any examination to establish employment and promotion lists,
23 persons discharged other than dishonorably, after active service
24 during any war or armed conflict in which the United States
25 engaged, from any branch of the armed service of the United
26 States, or from any women's uniformed service directly connected
27 therewith, shall not be given less credit for experience than
28 would be given for continued experience in the position held at
29 the time of induction in the service. [No questions in any
30 examination shall relate to the race, religion or political or
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1 labor union affiliation of the candidate.] No questions in the
2 application form or in any part of an examination, whether the
3 answering of such questions is optional or required, shall be so
4 framed as to elicit information concerning the race, color,
5 religious creed, ancestry, national origin, political
6 affiliations, labor union affiliations or political opinions of
7 any applicant, nor shall such information be elicited in any
8 other manner by any member, official or employe of the
9 commission or of any appointing authority in connection with the
10 examination, certification or appointment of any applicant or in
11 connection with any other purpose: Provided, however, That the
12 director may make such inquiries of an applicant regarding
13 national origin as shall be pertinent and necessary in resolving
14 relevant questions of citizenship or residence and of political
15 applications and opinions as shall be pertinent and necessary in
16 complying with or enforcing any security regulations established
17 by the United States or by the Commonwealth.
18 Section 2. This act shall take effect immediately.
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