SENATE AMENDED
PRIOR PRINTER'S NO. 155 PRINTER'S NO. 4154
No. 141 Session of 1985
INTRODUCED BY PITTS, AFFLERBACH, GREENWOOD, TIGUE, CAWLEY, NOYE,
FLICK, MICOZZIE, FARGO, SHOWERS, PHILLIPS, MERRY, SEMMEL,
B. SMITH, BURD, D. W. SNYDER, BELARDI, PRATT, DAWIDA, CIMINI,
J. L. WRIGHT, BOOK, SAURMAN, SCHEETZ, MORRIS, VROON,
KUKOVICH, GEIST, CIVERA, ANGSTADT, JACKSON, JOHNSON, ITKIN,
ARTY, E. Z. TAYLOR, TRELLO AND FOX, JANUARY 30, 1985
SENATOR WENGER, STATE GOVERNMENT, IN SENATE, AS AMENDED,
NOVEMBER 18, 1986
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," providing for the use of <--
12 support dogs because of a physical handicap of the user.; <--
13 FURTHER PROVIDING FOR DEFINITIONS; PROHIBITING CERTAIN
14 DISCRIMINATORY ACTS AND PRACTICES; PROHIBITING THE IMPOSITION
15 OF CERTAIN QUOTAS; AND REESTABLISHING THE COMMISSION AND
16 PROVIDING FOR ITS COMPOSITION AND COMPENSATION.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Sections 2, 3 and 5(h) and (i) AND 3 of the act <--
20 of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
21 Human Relations Act, amended April 8, 1982 (P.L.284, No.80), are
22 amended to read:
1 Section 2. Findings and Declaration of Policy.--
2 (a) The practice or policy of discrimination against
3 individuals or groups by reason of their race, color, religious
4 creed, ancestry, handicap or disability, use of guide [dogs] <--
5 ANIMALS because of blindness or deafness of the user, use of <--
6 support dogs ANIMALS because of a physical handicap of the user <--
7 OR BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE <--
8 ANIMALS, age, sex, or national origin is a matter of concern of
9 the Commonwealth. Such discrimination foments domestic strife
10 and unrest, threatens the rights and privileges of the
11 inhabitants of the Commonwealth, and undermines the foundations
12 of a free democratic state. The denial of equal employment,
13 housing and public accommodation opportunities because of such
14 discrimination, and the consequent failure to utilize the
15 productive capacities of individuals to their fullest extent,
16 deprives large segments of the population of the Commonwealth of
17 earnings necessary to maintain decent standards of living,
18 necessitates their resort to public relief and intensifies group
19 conflicts, thereby resulting in grave injury to the public
20 health and welfare, compels many individuals to live in
21 dwellings which are substandard, unhealthful and overcrowded,
22 resulting in racial segregation in public schools and other
23 community facilities, juvenile delinquency and other evils,
24 thereby threatening the peace, health, safety and general
25 welfare of the Commonwealth and its inhabitants.
26 (b) It is hereby declared to be the public policy of this
27 Commonwealth to foster the employment of all individuals in
28 accordance with their fullest capacities regardless of their
29 race, color, religious creed, ancestry, handicap or disability,
30 use of guide dogs because of blindness or deafness of the user,
19850H0141B4154 - 2 -
1 use of support dogs ANIMALS because of a physical handicap of <--
2 the user OR BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT <--
3 OR GUIDE ANIMALS, age, sex, or national origin, and to safeguard
4 their right to obtain and hold employment without such
5 discrimination, to assure equal opportunities to all individuals
6 and to safeguard their rights [at places of] TO public <--
7 accommodation and to secure [commercial housing] HOUSING <--
8 ACCOMMODATION AND COMMERCIAL PROPERTY regardless of race, color,
9 religious creed, ancestry, sex, handicap or disability, use of
10 guide [dogs] ANIMALS because of blindness or deafness of the <--
11 user or national origin.
12 (c) This act shall be deemed an exercise of the police power
13 of the Commonwealth for the protection of the public welfare,
14 prosperity, health and peace of the people of the Commonwealth
15 of Pennsylvania.
16 Section 3. Right to Freedom from Discrimination in
17 Employment, Housing and [Places of] Public Accommodation.--The <--
18 opportunity for an individual to obtain employment for which he
19 is qualified, and to obtain all the accommodations, advantages,
20 facilities and privileges of any [place of] public accommodation <--
21 and of [commercial housing] HOUSING ACCOMMODATION AND COMMERCIAL <--
22 PROPERTY without discrimination because of race, color,
23 religious creed, ancestry, handicap or disability, age, sex
24 [or], national origin [are], THE USE OF A GUIDE OR SUPPORT <--
25 ANIMAL BECAUSE OF BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF
26 THE USER OR BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT
27 OR GUIDE ANIMALS IS hereby recognized as and declared to be
28 [civil rights] A CIVIL RIGHT which shall be enforceable as set <--
29 forth in this act.
30 [The opportunity of an individual to obtain all the <--
19850H0141B4154 - 3 -
1 accommodations, advantages, facilities and privileges of
2 commercial housing without discrimination due to the sex of an
3 individual, or to the use of a guide dog because of blindness or
4 deafness of the user, or to the use of a support dog because of <--
5 a physical handicap of the user, is hereby recognized as and
6 declared to be a civil right which shall be enforceable as set
7 forth in this act.] <--
8 Section 5. Unlawful Discriminatory Practices.--It shall be <--
9 an unlawful discriminatory practice, unless based upon a bona
10 fide occupational qualification, or in the case of a fraternal
11 corporation or association, unless based upon membership in such
12 association or corporation, or except where based upon
13 applicable security regulations established by the United States
14 or the Commonwealth of Pennsylvania:
15 * * *
16 (h) For any person to:
17 (1) Refuse to sell, lease, finance or otherwise to deny or
18 withhold commercial housing from any person because of the race,
19 color, religious creed, ancestry, sex, national origin or
20 handicap or disability of any prospective owner, occupant or
21 user of such commercial housing, or to refuse to lease
22 commercial housing to any person due to use of a guide dog
23 because of the blindness or deafness of the user, or use of a
24 support dog because of a physical handicap of the user.
25 (2) Refuse to lend money, whether or not secured by mortgage
26 or otherwise for the acquisition, construction, rehabilitation,
27 repair or maintenance of commercial housing or otherwise
28 withhold financing of commercial housing from any person because
29 of the race, color, religious creed, ancestry, sex, national
30 origin or handicap or disability of any present or prospective
19850H0141B4154 - 4 -
1 owner, occupant or user of such commercial housing.
2 (3) Discriminate against any person in the terms or
3 conditions of selling or leasing any commercial housing or in
4 furnishing facilities, services or privileges in connection with
5 the ownership, occupancy or use of any commercial housing
6 because of the race, color, religious creed, ancestry, sex,
7 national origin or handicap or disability of any present or
8 prospective owner, occupant or user of such commercial housing
9 or to discriminate against any person in the terms of leasing
10 any commercial housing or in furnishing facilities, services or
11 privileges in connection with the occupancy or use of any
12 commercial housing due to use of a guide dog because of the
13 blindness or deafness of the user, or use of a support dog
14 because of a physical handicap of the user.
15 (4) Discriminate against any person in the terms or
16 conditions of any loan of money, whether or not secured by
17 mortgage or otherwise for the acquisition, construction,
18 rehabilitation, repair or maintenance of commercial housing
19 because of the race, color, religious creed, ancestry, sex,
20 national origin or handicap or disability of any present or
21 prospective owner, occupant or user of such commercial housing.
22 (5) Print, publish or circulate any statement or
23 advertisement relating to the sale, lease or acquisition of any
24 commercial housing or the loan of money, whether or not secured
25 by mortgage, or otherwise for the acquisition, construction,
26 rehabilitation, repair or maintenance of commercial housing
27 which indicates any preference, limitation, specification, or
28 discrimination based upon race, color, religious creed,
29 ancestry, sex, national origin or handicap or disability, or to
30 print, publish or circulate any statement or advertisement
19850H0141B4154 - 5 -
1 relating to the lease of any commercial dwelling which indicates
2 any preference, limitation, specification or discrimination
3 based upon use of a guide dog because of the blindness or
4 deafness of the user, or use of a support dog because of a
5 physical handicap of the user.
6 (6) Make any inquiry, elicit any information, make or keep
7 any record or use any form of application, containing questions
8 or entries concerning race, color, religious creed, ancestry,
9 sex, national origin or handicap or disability in connection
10 with the sale or lease of any commercial housing or loan of any
11 money, whether or not secured by mortgage or otherwise for the
12 acquisition, construction, rehabilitation, repair or maintenance
13 of commercial housing, or to make any inquiry, elicit any
14 information, make or keep any record or use any form of
15 application, containing questions or entries concerning the use
16 of a guide dog because of the blindness or deafness of the user,
17 or use of a support dog because of a physical handicap of the
18 user, in connection with the lease of any commercial housing.
19 (i) For any person being the owner, lessee, proprietor,
20 manager, superintendent, agent or employe of any place of public
21 accommodation, resort or amusement to:
22 (1) Refuse, withhold from, or deny to any person because of
23 his race, color, sex, religious creed, ancestry, national origin
24 or handicap or disability, or to any person due to use of a
25 guide dog because of the blindness or deafness of the user, or
26 use of a support dog because of a physical handicap of the user,
27 either directly or indirectly, any of the accommodations,
28 advantages, facilities or privileges of such place of public
29 accommodation, resort or amusement.
30 (2) Publish, circulate, issue, display, post or mail, either
19850H0141B4154 - 6 -
1 directly or indirectly, any written or printed communication,
2 notice or advertisement to the effect that any of the
3 accommodations, advantages, facilities and privileges of any
4 such place shall be refused, withheld from or denied to any
5 person on account of race, color, religious creed, ancestry,
6 national origin or handicap or disability, or to any person due
7 to use of a guide dog because of the blindness or deafness of
8 the user, or use of a support dog because of a physical handicap
9 of the user, or that the patronage or custom thereat of any
10 person, belonging to or purporting to be of any particular race,
11 color, religious creed, ancestry, national origin or handicap or
12 disability, or to any person due to use of a guide dog because
13 of the blindness or deafness of the user, is unwelcome,
14 objectionable or not acceptable, desired or solicited.
15 * * *
16 Section 2. This act shall take effect immediately.
17 SECTION 2. SECTION 4(C), (I), (J), (L) AND (Q) OF THE ACT, <--
18 AMENDED FEBRUARY 28, 1961 (P.L.47, NO.19), NOVEMBER 27, 1967
19 (P.L.622, NO.284), NOVEMBER 29, 1967 (P.L.632, NO.291), DECEMBER
20 10, 1970 (P.L.882, NO.278) AND DECEMBER 9, 1982 (P.L.1053,
21 NO.247), ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A
22 CLAUSE TO READ:
23 SECTION 4. DEFINITIONS.--AS USED IN THIS ACT UNLESS A
24 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
25 * * *
26 (C) THE TERM "EMPLOYE" DOES NOT INCLUDE (1) ANY INDIVIDUAL
27 EMPLOYED IN AGRICULTURE OR IN THE DOMESTIC SERVICE OF ANY
28 PERSON, (2) ANY [INDIVIDUAL] INDIVIDUALS WHO, AS A PART OF [HIS]
29 THEIR EMPLOYMENT, [RESIDES] RESIDE IN THE PERSONAL RESIDENCE OF
30 THE EMPLOYER, (3) ANY INDIVIDUAL EMPLOYED BY SAID INDIVIDUAL'S
19850H0141B4154 - 7 -
1 PARENTS, SPOUSE OR CHILD.
2 * * *
3 (I) THE TERM "HOUSING ACCOMMODATIONS" INCLUDES (1) ANY
4 BUILDING [OR], STRUCTURE, MOBILE HOME SITE OR FACILITY, OR
5 PORTION THEREOF, WHICH IS USED OR OCCUPIED OR IS INTENDED,
6 ARRANGED OR DESIGNED TO BE USED OR OCCUPIED AS THE HOME
7 RESIDENCE OR SLEEPING PLACE OF ONE OR MORE INDIVIDUALS, GROUPS
8 OR FAMILIES WHETHER OR NOT LIVING INDEPENDENTLY OF EACH OTHER;
9 AND (2) ANY VACANT LAND OFFERED FOR SALE [OR], LEASE [FOR
10 COMMERCIAL HOUSING] OR HELD FOR THE PURPOSE OF CONSTRUCTING OR
11 LOCATING THEREON ANY SUCH BUILDING, STRUCTURE, MOBILE HOME SITE
12 OR FACILITY. THE TERM "HOUSING ACCOMMODATION" SHALL NOT INCLUDE
13 ANY PERSONAL RESIDENCE OFFERED FOR RENT BY THE OWNER OR LESSEE
14 THEREOF OR BY HIS OR HER BROKER, SALESPERSON, AGENT OR EMPLOYE.
15 (J) [THE TERM "COMMERCIAL HOUSING" MEANS HOUSING
16 ACCOMMODATIONS HELD OR OFFERED FOR SALE OR RENT (1) BY A REAL
17 ESTATE BROKER, SALESMAN OR AGENT, OR BY ANY OTHER PERSON
18 PURSUANT TO AUTHORIZATION OF THE OWNER; (2) BY THE OWNER
19 HIMSELF; OR (3) BY LEGAL REPRESENTATIVES, BUT SHALL NOT INCLUDE
20 ANY PERSONAL RESIDENCE OFFERED FOR RENT BY THE OWNER OR LESSEE
21 THEREOF, OR BY HIS BROKER, SALESMAN, AGENT OR EMPLOYE.] THE TERM
22 "COMMERCIAL PROPERTY" MEANS (1) ANY BUILDING, STRUCTURE OR
23 FACILITY, OR PORTION THEREOF, WHICH IS USED, OCCUPIED OR IS
24 INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED FOR THE
25 PURPOSE OF OPERATING A BUSINESS, AN OFFICE, A MANUFACTORY OR ANY
26 PUBLIC ACCOMMODATION; AND (2) ANY VACANT LAND OFFERED FOR SALE,
27 LEASE, OR HELD FOR THE PURPOSE OF CONSTRUCTING OR LOCATING
28 THEREON ANY SUCH BUILDING, STRUCTURE, FACILITY, BUSINESS
29 CONCERN, OR PUBLIC ACCOMMODATION.
30 * * *
19850H0141B4154 - 8 -
1 (L) THE TERM "[PLACE OF] PUBLIC ACCOMMODATION, RESORT OR
2 AMUSEMENT" MEANS ANY [PLACE] ACCOMMODATION, RESORT OR AMUSEMENT
3 WHICH IS OPEN TO, ACCEPTS OR SOLICITS THE PATRONAGE OF THE
4 GENERAL PUBLIC, INCLUDING BUT NOT LIMITED TO INNS, TAVERNS,
5 ROADHOUSES, HOTELS, MOTELS, WHETHER CONDUCTED FOR THE
6 ENTERTAINMENT OF TRANSIENT GUESTS OR FOR THE ACCOMMODATION OF
7 THOSE SEEKING HEALTH, RECREATION OR REST, OR RESTAURANTS OR
8 EATING HOUSES, OR ANY PLACE WHERE FOOD IS SOLD FOR CONSUMPTION
9 ON THE PREMISES, BUFFETS, SALOONS, BARROOMS OR ANY STORE, PARK
10 OR ENCLOSURE WHERE SPIRITUOUS OR MALT LIQUORS ARE SOLD, ICE
11 CREAM PARLORS, CONFECTIONERIES, SODA FOUNTAINS AND ALL STORES
12 WHERE ICE CREAM, ICE AND FRUIT PREPARATIONS OR THEIR
13 DERIVATIVES, OR WHERE BEVERAGES OF ANY KIND ARE RETAILED FOR
14 CONSUMPTION ON THE PREMISES, DRUG STORES, DISPENSARIES, CLINICS,
15 HOSPITALS, BATHHOUSES, SWIMMING POOLS, BARBER SHOPS, BEAUTY
16 PARLORS, RETAIL STORES AND ESTABLISHMENTS, THEATRES, MOTION
17 PICTURE HOUSES, AIRDROMES, ROOF GARDENS, MUSIC HALLS, RACE
18 COURSES, SKATING RINKS, AMUSEMENT AND RECREATION PARKS, FAIRS,
19 BOWLING ALLEYS, GYMNASIUMS, SHOOTING GALLERIES, BILLIARD AND
20 POOL PARLORS, PUBLIC LIBRARIES, KINDERGARTENS, PRIMARY AND
21 SECONDARY SCHOOLS, HIGH SCHOOLS, ACADEMIES, COLLEGES AND
22 UNIVERSITIES, EXTENSION COURSES AND ALL EDUCATIONAL INSTITUTIONS
23 UNDER THE SUPERVISION OF THIS COMMONWEALTH, NONSECTARIAN
24 CEMETERIES, GARAGES AND ALL PUBLIC CONVEYANCES OPERATED ON LAND
25 OR WATER OR IN THE AIR AS WELL AS THE STATIONS, TERMINALS AND
26 AIRPORTS THEREOF, FINANCIAL INSTITUTIONS AND ALL COMMONWEALTH
27 FACILITIES AND SERVICES, INCLUDING SUCH FACILITIES AND SERVICES
28 OF ALL POLITICAL SUBDIVISIONS THEREOF, BUT SHALL NOT INCLUDE ANY
29 ACCOMMODATIONS WHICH ARE IN THEIR NATURE DISTINCTLY PRIVATE.
30 * * *
19850H0141B4154 - 9 -
1 (Q) THE TERM "PERMANENT HEARING EXAMINER" SHALL MEAN A FULL-
2 TIME EMPLOYE WHO IS AN ATTORNEY [OR OTHER PERSON KNOWLEDGEABLE
3 IN HUMAN RELATIONS MATTERS DESIGNATED BY THE COMMISSION TO
4 CONDUCT HEARINGS REQUIRED TO BE HELD UNDER THIS ACT. THE PERSON
5 KNOWLEDGEABLE IN HUMAN RELATIONS MATTERS MUST DEMONSTRATE SUCH
6 KNOWLEDGE THROUGH A WRITTEN EXAMINATION CREATED, DEVELOPED AND
7 ADMINISTERED BY THE COMMISSION].
8 * * *
9 (S) THE TERM "COMMERCIAL PROFIT" MEANS ANY FORM OF
10 COMPENSATION IN MONEY, OR WHICH CAN BE MEASURED IN TERMS OF
11 MONEY.
12 SECTION 3. SECTION 5 OF THE ACT, REENACTED, AMENDED OR ADDED
13 FEBRUARY 28, 1961 (P.L.47, NO.19), DECEMBER 27, 1965 (P.L.1224,
14 NO.497), NOVEMBER 29, 1967 (P.L.632, NO.291), JULY 9, 1969
15 (P.L.133, NO.56), JUNE 9, 1972 (P.L.368, NO.102), DECEMBER 19,
16 1974 (P.L.966, NO.318), JANUARY 10, 1980 (P.L.1, NO.1), DECEMBER
17 9, 1980 (P.L.1122, NO.198) AND APRIL 8, 1982 (P.L.284, NO.80),
18 IS AMENDED TO READ:
19 SECTION 5. UNLAWFUL DISCRIMINATORY PRACTICES.--IT SHALL BE
20 AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS BASED UPON A BONA
21 FIDE OCCUPATIONAL QUALIFICATION, OR IN THE CASE OF A FRATERNAL
22 CORPORATION OR ASSOCIATION, UNLESS BASED UPON MEMBERSHIP IN SUCH
23 ASSOCIATION OR CORPORATION, OR EXCEPT WHERE BASED UPON
24 APPLICABLE SECURITY REGULATIONS ESTABLISHED BY THE UNITED STATES
25 OR THE COMMONWEALTH OF PENNSYLVANIA:
26 (A) FOR ANY EMPLOYER BECAUSE OF THE RACE, COLOR, RELIGIOUS
27 CREED, ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR NON-JOB RELATED
28 HANDICAP OR DISABILITY OF ANY INDIVIDUAL TO REFUSE TO HIRE OR
29 EMPLOY, OR TO BAR OR TO DISCHARGE FROM EMPLOYMENT SUCH
30 INDIVIDUAL, OR TO OTHERWISE DISCRIMINATE AGAINST SUCH INDIVIDUAL
19850H0141B4154 - 10 -
1 WITH RESPECT TO COMPENSATION, HIRE, TENURE, TERMS, CONDITIONS OR
2 PRIVILEGES OF EMPLOYMENT, IF THE INDIVIDUAL IS THE BEST ABLE AND
3 MOST COMPETENT TO PERFORM THE SERVICES REQUIRED. THE PROVISION
4 OF THIS PARAGRAPH SHALL NOT APPLY, TO (1) TERMINATION OF
5 EMPLOYMENT BECAUSE OF THE TERMS OR CONDITIONS OF ANY BONA FIDE
6 RETIREMENT OR PENSION PLAN, (2) OPERATION OF THE TERMS OR
7 CONDITIONS OF ANY BONA FIDE RETIREMENT OR PENSION PLAN WHICH
8 HAVE THE EFFECT OF A MINIMUM SERVICE REQUIREMENT, (3) OPERATION
9 OF THE TERMS OR CONDITIONS OF ANY BONA FIDE GROUP OR EMPLOYE
10 INSURANCE PLAN, (4) AGE LIMITATIONS PLACED UPON ENTRY INTO BONA
11 FIDE APPRENTICESHIP PROGRAMS OF TWO YEARS OR MORE APPROVED BY
12 THE STATE APPRENTICESHIP AND TRAINING COUNCIL OF THE DEPARTMENT
13 OF LABOR AND INDUSTRY, ESTABLISHED BY THE ACT OF JULY 14, 1961
14 (P.L.604, NO.304), KNOWN AS "THE APPRENTICESHIP AND TRAINING
15 ACT." NOTWITHSTANDING ANY PROVISION OF THIS CLAUSE, IT SHALL NOT
16 BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR A RELIGIOUS CORPORATION
17 OR ASSOCIATION TO HIRE OR EMPLOY ON THE BASIS OF SEX IN THOSE
18 CERTAIN INSTANCES WHERE SEX IS A BONA FIDE OCCUPATIONAL
19 QUALIFICATION BECAUSE OF THE RELIGIOUS BELIEFS, PRACTICES, OR
20 OBSERVANCES OF THE CORPORATION, OR ASSOCIATION.
21 (B) FOR ANY EMPLOYER, EMPLOYMENT AGENCY OR LABOR
22 ORGANIZATION, PRIOR TO THE EMPLOYMENT OR ADMISSION TO
23 MEMBERSHIP, TO:
24 (1) ELICIT ANY INFORMATION OR MAKE OR KEEP A RECORD OF OR
25 USE ANY FORM OF APPLICATION OR APPLICATION BLANK CONTAINING
26 QUESTIONS OR ENTRIES CONCERNING THE RACE, COLOR, RELIGIOUS
27 CREED, ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR PAST HANDICAP OR
28 DISABILITY OF ANY APPLICANT FOR EMPLOYMENT OR MEMBERSHIP. AN
29 EMPLOYER MAY INQUIRE AS TO THE EXISTENCE AND NATURE OF A PRESENT
30 HANDICAP OR DISABILITY. TO DETERMINE WHETHER SUCH HANDICAP OR
19850H0141B4154 - 11 -
1 DISABILITY SUBSTANTIALLY INTERFERES WITH THE ABILITY TO PERFORM
2 THE ESSENTIAL FUNCTION OF THE EMPLOYMENT WHICH IS APPLIED FOR,
3 IS BEING ENGAGED IN, OR HAS BEEN ENGAGED IN, THE EMPLOYER MUST
4 INQUIRE BEYOND THE MERE EXISTENCE OF A HANDICAP OR DISABILITY.
5 (2) PRINT OR PUBLISH OR CAUSE TO BE PRINTED OR PUBLISHED ANY
6 NOTICE OR ADVERTISEMENT RELATING TO EMPLOYMENT OR MEMBERSHIP
7 INDICATING ANY PREFERENCE, LIMITATION, SPECIFICATION OR
8 DISCRIMINATION BASED UPON RACE, COLOR, RELIGIOUS CREED,
9 ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR NON-JOB RELATED HANDICAP
10 OR DISABILITY.
11 (3) DENY OR LIMIT, THROUGH A QUOTA SYSTEM, EMPLOYMENT OR
12 MEMBERSHIP BECAUSE OF RACE, COLOR, RELIGIOUS CREED, ANCESTRY,
13 AGE, SEX, NATIONAL ORIGIN, NON-JOB RELATED HANDICAP OR
14 DISABILITY OR PLACE OF BIRTH.
15 (4) SUBSTANTIALLY CONFINE OR LIMIT RECRUITMENT OR HIRING OF
16 INDIVIDUALS, WITH INTENT TO CIRCUMVENT THE SPIRIT AND PURPOSE OF
17 THIS ACT, TO ANY EMPLOYMENT AGENCY, EMPLOYMENT SERVICE, LABOR
18 ORGANIZATION, TRAINING SCHOOL OR TRAINING CENTER OR ANY OTHER
19 EMPLOYE-REFERRING SOURCE WHICH SERVICES INDIVIDUALS WHO ARE
20 PREDOMINANTLY OF THE SAME RACE, COLOR, RELIGIOUS CREED,
21 ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR NON-JOB RELATED HANDICAP
22 OR DISABILITY.
23 (5) DENY EMPLOYMENT BECAUSE OF A PRIOR HANDICAP OR
24 DISABILITY.
25 NOTHING IN CLAUSE (B) OF THIS SECTION SHALL BAR ANY
26 INSTITUTION OR ORGANIZATION FOR HANDICAPPED OR DISABLED PERSONS
27 FROM LIMITING OR GIVING PREFERENCE IN EMPLOYMENT OR MEMBERSHIP
28 TO HANDICAPPED OR DISABLED PERSONS.
29 (C) FOR ANY LABOR ORGANIZATION BECAUSE OF THE RACE, COLOR,
30 RELIGIOUS CREED, ANCESTRY, AGE, SEX [OR], NATIONAL ORIGIN OR
19850H0141B4154 - 12 -
1 NON-JOB RELATED HANDICAP OR DISABILITY OF ANY INDIVIDUAL TO DENY
2 FULL AND EQUAL MEMBERSHIP RIGHTS TO ANY INDIVIDUAL OR OTHERWISE
3 TO DISCRIMINATE AGAINST SUCH INDIVIDUALS WITH RESPECT TO HIRE,
4 TENURE, TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT OR ANY
5 OTHER MATTER, DIRECTLY OR INDIRECTLY, RELATED TO EMPLOYMENT.
6 (D) FOR ANY PERSON, EMPLOYER, EMPLOYMENT AGENCY OR LABOR
7 ORGANIZATION TO DISCRIMINATE IN ANY MANNER AGAINST ANY
8 INDIVIDUAL BECAUSE SUCH INDIVIDUAL HAS OPPOSED ANY PRACTICE
9 FORBIDDEN BY THIS ACT, OR BECAUSE SUCH INDIVIDUAL HAS MADE A
10 CHARGE, TESTIFIED OR ASSISTED, IN ANY MANNER, IN ANY
11 INVESTIGATION, PROCEEDING OR HEARING UNDER THIS ACT.
12 (E) FOR ANY PERSON, [WHETHER OR NOT AN] EMPLOYER, EMPLOYMENT
13 AGENCY, LABOR ORGANIZATION OR EMPLOYE, TO AID, ABET, INCITE,
14 COMPEL OR COERCE THE DOING OF ANY ACT DECLARED BY THIS SECTION
15 TO BE AN UNLAWFUL DISCRIMINATORY PRACTICE, OR TO OBSTRUCT OR
16 PREVENT ANY PERSON FROM COMPLYING WITH THE PROVISIONS OF THIS
17 ACT OR ANY ORDER ISSUED THEREUNDER, OR TO ATTEMPT, DIRECTLY OR
18 INDIRECTLY, TO COMMIT ANY ACT DECLARED BY THIS SECTION TO BE AN
19 UNLAWFUL DISCRIMINATORY PRACTICE.
20 (F) FOR ANY EMPLOYMENT AGENCY TO FAIL OR REFUSE TO CLASSIFY
21 PROPERLY, REFER FOR EMPLOYMENT OR OTHERWISE TO DISCRIMINATE
22 AGAINST ANY INDIVIDUAL BECAUSE OF HIS RACE, COLOR, RELIGIOUS
23 CREED, ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR NON-JOB RELATED
24 HANDICAP OR DISABILITY.
25 (G) FOR ANY INDIVIDUAL SEEKING EMPLOYMENT TO PUBLISH OR
26 CAUSE TO BE PUBLISHED ANY ADVERTISEMENT WHICH [SPECIFIES OR IN
27 ANY MANNER EXPRESSES HIS RACE, COLOR, RELIGIOUS CREED, ANCESTRY,
28 AGE, SEX OR NATIONAL ORIGIN, OR] IN ANY MANNER EXPRESSES A
29 LIMITATION OR PREFERENCE AS TO THE RACE, COLOR, RELIGIOUS CREED,
30 ANCESTRY, AGE, SEX [OR], NATIONAL ORIGIN OR NON-JOB RELATED
19850H0141B4154 - 13 -
1 HANDICAP OR DISABILITY OF ANY PROSPECTIVE EMPLOYER.
2 (H) FOR ANY PERSON TO:
3 (1) REFUSE TO SELL, LEASE, FINANCE OR OTHERWISE TO DENY OR
4 WITHHOLD [COMMERCIAL HOUSING] ANY HOUSING ACCOMMODATION OR
5 COMMERCIAL PROPERTY FROM ANY PERSON BECAUSE OF THE RACE, COLOR,
6 RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL ORIGIN OR HANDICAP OR
7 DISABILITY OF ANY PROSPECTIVE OWNER, OCCUPANT OR USER OF SUCH
8 [COMMERCIAL HOUSING,] HOUSING ACCOMMODATION OR COMMERCIAL
9 PROPERTY, OR TO REFUSE TO LEASE [COMMERCIAL HOUSING] ANY HOUSING
10 ACCOMMODATION OR COMMERCIAL PROPERTY TO ANY PERSON DUE TO USE OF
11 A GUIDE [DOG] ANIMAL BECAUSE OF THE BLINDNESS OR DEAFNESS OF THE
12 USER, OR USE OF A SUPPORT ANIMAL BECAUSE OF A PHYSICAL HANDICAP
13 OF THE USER OR BECAUSE THE USER IS A HANDLER OR TRAINER OF
14 SUPPORT OR GUIDE ANIMALS.
15 (1.1) EVICT OR ATTEMPT TO EVICT AN OCCUPANT OF ANY HOUSING
16 ACCOMMODATION BEFORE THE END OF THE TERM OF A LEASE BECAUSE OF
17 PREGNANCY OR THE BIRTH OF A CHILD.
18 (2) REFUSE TO LEND MONEY, WHETHER OR NOT SECURED BY MORTGAGE
19 OR OTHERWISE FOR THE ACQUISITION, CONSTRUCTION, REHABILITATION,
20 REPAIR OR MAINTENANCE OF [COMMERCIAL HOUSING] ANY HOUSING
21 ACCOMMODATION OR COMMERCIAL PROPERTY OR OTHERWISE WITHHOLD
22 FINANCING OF [COMMERCIAL HOUSING] ANY HOUSING ACCOMMODATION OR
23 COMMERCIAL PROPERTY FROM ANY PERSON BECAUSE OF THE RACE, COLOR,
24 RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL ORIGIN [OR], HANDICAP
25 OR DISABILITY OR THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF
26 THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR
27 BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE
28 ANIMALS, OF ANY PRESENT OR PROSPECTIVE OWNER, OCCUPANT OR USER
29 OF SUCH [COMMERCIAL HOUSING] HOUSING ACCOMMODATION OR COMMERCIAL
30 PROPERTY.
19850H0141B4154 - 14 -
1 (3) DISCRIMINATE AGAINST ANY PERSON IN THE TERMS OR
2 CONDITIONS OF SELLING OR LEASING ANY [COMMERCIAL HOUSING]
3 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY OR IN FURNISHING
4 FACILITIES, SERVICES OR PRIVILEGES IN CONNECTION WITH THE
5 OWNERSHIP, OCCUPANCY OR USE OF ANY [COMMERCIAL HOUSING] HOUSING
6 ACCOMMODATION OR COMMERCIAL PROPERTY BECAUSE OF THE RACE, COLOR,
7 RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL ORIGIN [OR], HANDICAP
8 OR DISABILITY OR THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF
9 THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR
10 BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE
11 ANIMALS, OF ANY PRESENT OR PROSPECTIVE OWNER, OCCUPANT OR USER
12 OF SUCH [COMMERCIAL HOUSING OR TO DISCRIMINATE AGAINST ANY
13 PERSON IN THE TERMS OF LEASING ANY COMMERCIAL HOUSING OR IN
14 FURNISHING FACILITIES, SERVICES OR PRIVILEGES IN CONNECTION WITH
15 THE OCCUPANCY OR USE OF ANY COMMERCIAL HOUSING DUE TO USE OF A
16 GUIDE DOG BECAUSE OF THE BLINDNESS OR DEAFNESS OF THE USER]
17 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY.
18 (4) DISCRIMINATE AGAINST ANY PERSON IN THE TERMS OR
19 CONDITIONS OF ANY LOAN OF MONEY, WHETHER OR NOT SECURED BY
20 MORTGAGE OR OTHERWISE FOR THE ACQUISITION, CONSTRUCTION,
21 REHABILITATION, REPAIR OR MAINTENANCE OF [COMMERCIAL HOUSING]
22 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY BECAUSE OF THE
23 RACE, COLOR, RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL ORIGIN OR
24 HANDICAP OR DISABILITY OF ANY PRESENT OR PROSPECTIVE OWNER,
25 OCCUPANT OR USER OF [SUCH COMMERCIAL HOUSING] ANY HOUSING
26 ACCOMMODATION OR COMMERCIAL PROPERTY.
27 (5) PRINT, PUBLISH OR CIRCULATE ANY STATEMENT OR
28 ADVERTISEMENT: (I) RELATING TO THE SALE, LEASE OR ACQUISITION OF
29 ANY [COMMERCIAL HOUSING] HOUSING ACCOMMODATION OR COMMERCIAL
30 PROPERTY OR THE LOAN OF MONEY, WHETHER OR NOT SECURED BY
19850H0141B4154 - 15 -
1 MORTGAGE, OR OTHERWISE FOR THE ACQUISITION, CONSTRUCTION,
2 REHABILITATION, REPAIR OR MAINTENANCE OF [COMMERCIAL HOUSING]
3 ANY HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY WHICH INDICATES
4 ANY PREFERENCE, LIMITATION, SPECIFICATION, OR DISCRIMINATION
5 BASED UPON RACE, COLOR, RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL
6 ORIGIN OR HANDICAP OR DISABILITY, OR [TO PRINT, PUBLISH OR
7 CIRCULATE ANY STATEMENT OR ADVERTISEMENT RELATING TO] (II)
8 RELATING TO THE LEASE OF ANY [COMMERCIAL DWELLING] HOUSING
9 ACCOMMODATION OR COMMERCIAL PROPERTY WHICH INDICATES ANY
10 PREFERENCE, LIMITATION, SPECIFICATION OR DISCRIMINATION BASED
11 UPON USE OF A GUIDE [DOG] OR SUPPORT ANIMAL BECAUSE OF THE
12 BLINDNESS [OR], DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR
13 BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE
14 ANIMALS.
15 (6) MAKE ANY INQUIRY, ELICIT ANY INFORMATION, MAKE OR KEEP
16 ANY RECORD OR USE ANY FORM OF APPLICATION, CONTAINING QUESTIONS
17 OR ENTRIES CONCERNING RACE, COLOR, RELIGIOUS CREED, ANCESTRY,
18 SEX, NATIONAL ORIGIN OR HANDICAP OR DISABILITY IN CONNECTION
19 WITH THE SALE OR LEASE OF ANY [COMMERCIAL HOUSING] HOUSING
20 ACCOMMODATION OR COMMERCIAL PROPERTY OR LOAN OF ANY MONEY,
21 WHETHER OR NOT SECURED BY MORTGAGE OR OTHERWISE FOR THE
22 ACQUISITION, CONSTRUCTION, REHABILITATION, REPAIR OR MAINTENANCE
23 OF [COMMERCIAL HOUSING] ANY HOUSING ACCOMMODATION OR COMMERCIAL
24 PROPERTY, OR TO MAKE ANY INQUIRY, ELICIT ANY INFORMATION, MAKE
25 OR KEEP ANY RECORD OR USE ANY FORM OF APPLICATION, CONTAINING
26 QUESTIONS OR ENTRIES CONCERNING THE USE OF A GUIDE [DOG] OR
27 SUPPORT ANIMAL BECAUSE OF THE BLINDNESS [OR], DEAFNESS OR
28 PHYSICAL HANDICAP OF THE USER OR BECAUSE THE USER IS A HANDLER
29 OR TRAINER OF SUPPORT OR GUIDE ANIMALS, IN CONNECTION WITH THE
30 LEASE OF ANY [COMMERCIAL HOUSING] HOUSING ACCOMMODATION OR
19850H0141B4154 - 16 -
1 COMMERCIAL PROPERTY.
2 (I) FOR ANY PERSON BEING THE OWNER, LESSEE, PROPRIETOR,
3 MANAGER, SUPERINTENDENT, AGENT OR EMPLOYE OF ANY PLACE OF PUBLIC
4 ACCOMMODATION, RESORT OR AMUSEMENT TO
5 (1) REFUSE, WITHHOLD FROM, OR DENY TO ANY PERSON BECAUSE OF
6 HIS RACE, COLOR, SEX, RELIGIOUS CREED, ANCESTRY, NATIONAL ORIGIN
7 OR HANDICAP OR DISABILITY, OR TO ANY PERSON DUE TO USE OF A
8 GUIDE [DOG] OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS [OR],
9 DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE THE USER IS
10 A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS, EITHER
11 DIRECTLY OR INDIRECTLY, ANY OF THE ACCOMMODATIONS, ADVANTAGES,
12 FACILITIES OR PRIVILEGES OF SUCH PLACE OF PUBLIC ACCOMMODATION,
13 RESORT OR AMUSEMENT.
14 (2) PUBLISH, CIRCULATE, ISSUE, DISPLAY, POST OR MAIL, EITHER
15 DIRECTLY OR INDIRECTLY, ANY WRITTEN OR PRINTED COMMUNICATION,
16 NOTICE OR ADVERTISEMENT TO THE EFFECT THAT ANY OF THE
17 ACCOMMODATIONS, ADVANTAGES, FACILITIES AND PRIVILEGES OF ANY
18 SUCH PLACE SHALL BE REFUSED, WITHHELD FROM OR DENIED TO ANY
19 PERSON ON ACCOUNT OF RACE, COLOR, RELIGIOUS CREED, SEX,
20 ANCESTRY, NATIONAL ORIGIN OR HANDICAP OR DISABILITY, OR TO ANY
21 PERSON DUE TO USE OF A GUIDE [DOG] OR SUPPORT ANIMAL BECAUSE OF
22 THE BLINDNESS [OR], DEAFNESS OR PHYSICAL HANDICAP OF THE USER,
23 OR THAT THE PATRONAGE OR CUSTOM THEREAT OF ANY PERSON, BELONGING
24 TO OR PURPORTING TO BE OF ANY PARTICULAR RACE, COLOR, RELIGIOUS
25 CREED, ANCESTRY, NATIONAL ORIGIN OR HANDICAP OR DISABILITY, OR
26 TO ANY PERSON DUE TO USE OF A GUIDE [DOG] OR SUPPORT ANIMAL
27 BECAUSE OF THE BLINDNESS [OR], DEAFNESS OR PHYSICAL HANDICAP OF
28 THE USER OR BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT
29 OR GUIDE ANIMALS, IS UNWELCOME, OBJECTIONABLE OR NOT ACCEPTABLE,
30 DESIRED OR SOLICITED.
19850H0141B4154 - 17 -
1 NOTHING IN CLAUSE (H) OF THIS SECTION SHALL BAR ANY RELIGIOUS
2 OR DENOMINATIONAL INSTITUTION OR ORGANIZATION OR ANY CHARITABLE
3 OR EDUCATIONAL ORGANIZATION, WHICH IS OPERATED, SUPERVISED OR
4 CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS ORGANIZATION OR
5 ANY BONA FIDE PRIVATE OR FRATERNAL ORGANIZATION FROM GIVING
6 PREFERENCE TO PERSONS OF THE SAME RELIGION OR DENOMINATION OR TO
7 MEMBERS OF SUCH PRIVATE OR FRATERNAL ORGANIZATION OR FROM MAKING
8 SUCH SELECTION AS IS CALCULATED BY SUCH ORGANIZATION TO PROMOTE
9 THE RELIGIOUS PRINCIPLES OR THE AIMS, PURPOSES OR FRATERNAL
10 PRINCIPLES FOR WHICH IT IS ESTABLISHED OR MAINTAINED. NOR SHALL
11 IT APPLY TO THE RENTAL OF ROOMS OR APARTMENTS IN A LANDLORD
12 OCCUPIED ROOMING HOUSE WITH A COMMON ENTRANCE.
13 (J) FOR ANY PERSON SUBJECT TO THE ACT TO FAIL TO POST AND
14 EXHIBIT PROMINENTLY IN HIS PLACE OF BUSINESS ANY FAIR PRACTICES
15 NOTICE PREPARED AND DISTRIBUTED BY THE PENNSYLVANIA HUMAN
16 RELATIONS COMMISSION.
17 (K) FOR ANY EMPLOYER TO DISCRIMINATE AGAINST AN EMPLOYE OR A
18 PROSPECTIVE EMPLOYE BECAUSE [HE] THE EMPLOYE ONLY HAS A GENERAL
19 EDUCATION DEVELOPMENT CERTIFICATE AS COMPARED TO A HIGH SCHOOL
20 DIPLOMA. HOWEVER, SHOULD VOCATIONAL TECHNICAL TRAINING OR OTHER
21 SPECIAL TRAINING BE REQUIRED WITH REGARD TO A SPECIFIC POSITION,
22 THEN SUCH TRAINING OR SPECIAL TRAINING MAY BE CONSIDERED BY THE
23 EMPLOYER.
24 THIS SECTION OF THE ACT [AS AMENDED] SHALL NOT BE CONSTRUED
25 TO PROHIBIT THE REFUSAL TO HIRE OR THE DISMISSAL OF A PERSON WHO
26 IS NOT ABLE TO FUNCTION PROPERLY IN THE JOB APPLIED FOR OR
27 ENGAGED IN.
28 SECTION 4. SECTION 5.1 OF THE ACT, ADDED JULY 20, 1968
29 (P.L.454, NO.213), IS AMENDED TO READ:
30 SECTION 5.1. RELIGIOUS OBSERVANCE; PUBLIC EMPLOYES.--(A) IT
19850H0141B4154 - 18 -
1 SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY OFFICER,
2 AGENCY OR DEPARTMENT OF THE STATE OR ANY OF ITS POLITICAL
3 SUBDIVISIONS, TO PROHIBIT, PREVENT OR DISQUALIFY ANY PERSON
4 FROM, OR OTHERWISE TO DISCRIMINATE AGAINST ANY PERSON IN,
5 OBTAINING OR HOLDING EMPLOYMENT BY THE STATE OR BY ANY SUCH
6 SUBDIVISION, BECAUSE OF [HIS] SUCH PERSON'S OBSERVANCE OF ANY
7 PARTICULAR DAY OR DAYS OR ANY PORTION THEREOF AS A SABBATH OR
8 OTHER HOLY DAY IN ACCORDANCE WITH THE REQUIREMENTS OF [HIS] THE
9 PERSON'S RELIGION.
10 (B) EXCEPT AS MAY BE REQUIRED IN AN EMERGENCY OR WHERE [HIS]
11 PERSONAL PRESENCE IS INDISPENSABLE TO THE ORDERLY TRANSACTION OF
12 PUBLIC BUSINESS, NO PERSON EMPLOYED BY THE STATE OR ANY OF ITS
13 POLITICAL SUBDIVISIONS SHALL BE REQUIRED TO REMAIN AT [HIS] THE
14 PLACE OF EMPLOYMENT DURING ANY DAY OR DAYS OR PORTION THEREOF
15 THAT, AS A RELIGIOUS REQUIREMENT [OF HIS RELIGION, HE], THE
16 PERSON OBSERVES AS [HIS] THE SABBATH OR OTHER HOLY DAY,
17 INCLUDING A REASONABLE TIME PRIOR AND SUBSEQUENT THERETO FOR
18 TRAVEL BETWEEN [HIS] THE PLACE OF EMPLOYMENT AND [HIS] HOME,
19 PROVIDED HOWEVER, THAT ANY SUCH ABSENCE FROM WORK SHALL,
20 WHEREVER PRACTICABLE IN THE JUDGMENT OF THE EMPLOYER, BE MADE UP
21 BY AN EQUIVALENT AMOUNT OF TIME AND WORK AT SOME OTHER MUTUALLY
22 CONVENIENT TIME, OR SHALL BE CHARGED AGAINST ANY LEAVE WITH PAY
23 ORDINARILY GRANTED, OTHER THAN SICK LEAVE, PROVIDED FURTHER,
24 HOWEVER, THAT ANY SUCH ABSENCE NOT SO MADE UP OR CHARGED, MAY
25 BE TREATED BY THE EMPLOYER OF SUCH PERSON AS LEAVE TAKEN WITHOUT
26 PAY.
27 (C) THIS SECTION SHALL NOT BE CONSTRUED TO APPLY TO ANY
28 POSITION DEALING WITH THE PUBLIC HEALTH OR SAFETY WHERE THE
29 PERSON HOLDING SUCH POSITION MUST BE AVAILABLE FOR DUTY WHENEVER
30 NEEDED, OR TO ANY POSITION OR CLASS OF POSITIONS THE NATURE AND
19850H0141B4154 - 19 -
1 QUALITY OF THE DUTIES OF WHICH ARE SUCH THAT THE PERSONAL
2 PRESENCE OF THE HOLDER OF SUCH POSITION IS REGULARLY ESSENTIAL
3 ON ANY PARTICULAR DAY OR DAYS OR PORTION THEREOF FOR THE NORMAL
4 PERFORMANCE OF SUCH DUTIES WITH RESPECT TO ANY APPLICANT
5 THEREFOR OR HOLDER THEREOF WHO, AS A RELIGIOUS REQUIREMENT [OF
6 HIS RELIGION], OBSERVES SUCH DAY OR DAYS OR PORTION THEREOF AS
7 [HIS] THE SABBATH OR OTHER HOLY DAY.
8 SECTION 5. SECTION 5.2(A) OF THE ACT, ADDED OCTOBER 10, 1973
9 (P.L.278, NO.78), IS AMENDED TO READ:
10 SECTION 5.2. ABORTION AND STERILIZATION; IMMUNITY FROM
11 REQUIREMENT TO PERFORM; UNLAWFUL DISCRIMINATORY PRACTICES.--(A)
12 NO HOSPITAL OR OTHER HEALTH CARE FACILITY SHALL BE REQUIRED TO,
13 OR HELD LIABLE FOR REFUSAL TO, PERFORM OR PERMIT THE PERFORMANCE
14 OF ABORTION OR STERILIZATION CONTRARY TO ITS STATED ETHICAL
15 POLICY. NO PHYSICIAN, NURSE, STAFF MEMBER OR EMPLOYE OF A
16 HOSPITAL OR OTHER HEALTH CARE FACILITY, WHO SHALL STATE IN
17 WRITING TO SUCH HOSPITAL OR HEALTH CARE FACILITY [HIS] AN
18 OBJECTION TO PERFORMING, PARTICIPATING IN, OR COOPERATING IN,
19 ABORTION OR STERILIZATION ON MORAL, RELIGIOUS OR PROFESSIONAL
20 GROUNDS, SHALL BE REQUIRED TO, OR HELD LIABLE FOR REFUSAL TO,
21 PERFORM, PARTICIPATE IN, OR COOPERATE IN SUCH ABORTION OR
22 STERILIZATION.
23 * * *
24 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
25 SECTION 5.3. PROHIBITION OF CERTAIN REAL ESTATE PRACTICES.--
26 IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
27 TO:
28 (A) INDUCE, SOLICIT OR ATTEMPT TO INDUCE OR SOLICIT FOR
29 COMMERCIAL PROFIT ANY LISTING, SALE OR TRANSACTION INVOLVING ANY
30 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY BY REPRESENTING
19850H0141B4154 - 20 -
1 THAT SUCH HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY IS WITHIN
2 ANY NEIGHBORHOOD, COMMUNITY OR AREA ADJACENT TO ANY OTHER AREA
3 IN WHICH THERE RESIDE, OR DO NOT RESIDE, PERSONS OF A PARTICULAR
4 RACE, COLOR, RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL ORIGIN,
5 HANDICAP OR DISABILITY, OR WHO ARE GUIDE OR SUPPORT ANIMAL
6 DEPENDENT.
7 (B) DISCOURAGE, OR ATTEMPT TO DISCOURAGE, FOR COMMERCIAL
8 PROFIT, THE PURCHASE OR LEASE OF ANY HOUSING ACCOMMODATION OR
9 COMMERCIAL PROPERTY BY REPRESENTING THAT SUCH HOUSING
10 ACCOMMODATION OR COMMERCIAL PROPERTY IS WITHIN ANY NEIGHBORHOOD,
11 COMMUNITY OR AREA ADJACENT TO ANY OTHER AREA IN WHICH THERE
12 RESIDE, OR MAY IN THE FUTURE RESIDE IN INCREASED OR DECREASED
13 NUMBERS, PERSONS OF A PARTICULAR RACE, COLOR, RELIGIOUS CREED,
14 ANCESTRY, SEX, NATIONAL ORIGIN, HANDICAP OR DISABILITY, OR WHO
15 ARE GUIDE OR SUPPORT ANIMAL DEPENDENT.
16 (C) MISREPRESENT, CREATE OR DISTORT A CIRCUMSTANCE,
17 CONDITION OR INCIDENT FOR THE PURPOSE OF FOSTERING THE
18 IMPRESSION OR BELIEF ON THE PART OF ANY OWNER, OCCUPANT OR
19 PROSPECTIVE OWNER OR OCCUPANT OF ANY HOUSING ACCOMMODATION OR
20 COMMERCIAL PROPERTY, THAT SUCH HOUSING ACCOMMODATION OR
21 COMMERCIAL PROPERTY IS WITHIN ANY NEIGHBORHOOD, COMMUNITY OR
22 AREA ADJACENT TO ANY OTHER AREA WHICH WOULD BE ADVERSELY
23 IMPACTED BY THE RESIDENCE, OR FUTURE INCREASED OR DECREASED
24 RESIDENCE, OF PERSONS OF A PARTICULAR RACE, COLOR, RELIGIOUS
25 CREED, ANCESTRY, SEX, NATIONAL ORIGIN, HANDICAP OR DISABILITY,
26 OR WHO ARE GUIDE OR SUPPORT ANIMAL DEPENDENT WITHIN SUCH
27 NEIGHBORHOOD, COMMUNITY OR AREA.
28 (D) IN ANY WAY MISREPRESENT OR OTHERWISE MISADVERTISE WITHIN
29 A NEIGHBORHOOD OR COMMUNITY, WHETHER OR NOT IN WRITING, THAT ANY
30 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY WITHIN SUCH
19850H0141B4154 - 21 -
1 NEIGHBORHOOD OR COMMUNITY IS AVAILABLE FOR INSPECTION, SALE,
2 LEASE, SUBLEASE OR OTHER TRANSFER, IN ANY CONTEXT WHERE SUCH
3 MISREPRESENTATION OR MISADVERTISING WOULD HAVE THE EFFECT OF
4 FOSTERING AN IMPRESSION OR BELIEF THAT THERE HAS BEEN OR WILL BE
5 AN INCREASE IN REAL ESTATE ACTIVITY WITHIN SUCH NEIGHBORHOOD OR
6 COMMUNITY DUE TO THE RESIDENCE, OR ANTICIPATED INCREASED OR
7 DECREASED RESIDENCE, OF PERSONS OF A PARTICULAR RACE, COLOR,
8 RELIGIOUS CREED, ANCESTRY, SEX, NATIONAL ORIGIN, HANDICAP OR
9 DISABILITY, OR THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF
10 THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER.
11 SECTION 7. SECTION 6 OF THE ACT, AMENDED AUGUST 4, 1961
12 (P.L.922, NO.402), IS AMENDED TO READ:
13 SECTION 6. PENNSYLVANIA HUMAN RELATIONS COMMISSION.--THERE
14 SHALL BE, AND THERE IS HEREBY ESTABLISHED IN THE [DEPARTMENT OF
15 LABOR AND INDUSTRY] GOVERNOR'S OFFICE A NON-PARTISAN,
16 DEPARTMENTAL ADMINISTRATIVE COMMISSION FOR THE ADMINISTRATION OF
17 THIS ACT, WHICH SHALL BE KNOWN AS THE "PENNSYLVANIA HUMAN
18 RELATIONS COMMISSION," AND WHICH IS HEREINAFTER REFERRED TO AS
19 THE "COMMISSION."
20 SAID COMMISSION SHALL CONSIST OF ELEVEN MEMBERS, TO BE KNOWN
21 AS COMMISSIONERS, WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND
22 WITH THE ADVICE AND CONSENT OF [TWO THIRDS OF ALL] A MAJORITY OF
23 THE MEMBERS OF THE SENATE, NOT MORE THAN SIX OF SUCH
24 COMMISSIONERS TO BE FROM THE SAME POLITICAL PARTY, AND EACH OF
25 WHOM SHALL HOLD OFFICE FOR A TERM OF FIVE YEARS OR UNTIL HIS
26 SUCCESSOR SHALL HAVE BEEN DULY APPOINTED AND QUALIFIED[:
27 PROVIDED, HOWEVER, THAT IN MAKING THE FIRST APPOINTMENTS TO SAID
28 COMMISSION ONE MEMBER SHALL BE APPOINTED FOR A TERM OF ONE YEAR,
29 TWO FOR A TERM OF TWO YEARS, TWO FOR A TERM OF THREE YEARS, TWO
30 FOR A TERM OF FOUR YEARS AND TWO FOR A TERM OF FIVE YEARS. THE
19850H0141B4154 - 22 -
1 TWO MEMBERS ADDED TO THE COMMISSION HEREBY SHALL BE APPOINTED
2 FOR TERMS TO RUN CONCURRENTLY WITH THE TERM OF THE MEMBER OR HIS
3 SUCCESSOR WHO WAS APPOINTED FOR A ONE YEAR TERM WHEN THE
4 COMMISSION WAS FIRST ESTABLISHED]. VACANCIES OCCURRING IN AN
5 OFFICE OF A MEMBER OF THE COMMISSION BY EXPIRATION OF TERM,
6 DEATH, RESIGNATION, REMOVAL OR FOR ANY OTHER REASON SHALL BE
7 FILLED IN THE MANNER AFORESAID FOR THE BALANCE OF THAT TERM.
8 COMMISSION MEMBERS FAILING TO ATTEND MEETINGS FOR THREE
9 CONSECUTIVE MONTHS SHALL FORFEIT THEIR SEATS UNLESS THE
10 CHAIRPERSON OF THE COMMISSION RECEIVES WRITTEN NOTIFICATION FROM
11 THE MEMBER INVOLVED THAT THE ABSENCE WAS DUE TO PERSONAL ILLNESS
12 OR THE DEATH OR ILLNESS OF AN IMMEDIATE FAMILY MEMBER.
13 SUBJECT TO THE PROVISIONS OF THIS ACT, THE COMMISSION SHALL
14 HAVE ALL THE POWERS AND SHALL PERFORM THE DUTIES GENERALLY
15 VESTED IN AND IMPOSED UPON DEPARTMENTAL ADMINISTRATIVE BOARDS
16 AND COMMISSIONS BY THE ACT, APPROVED THE NINTH DAY OF APRIL, ONE
17 THOUSAND NINE HUNDRED TWENTY-NINE (PAMPHLET LAWS 177), KNOWN AS
18 "THE ADMINISTRATIVE CODE OF ONE THOUSAND NINE HUNDRED TWENTY-
19 NINE," AND ITS AMENDMENTS, AND SHALL BE SUBJECT TO ALL THE
20 PROVISIONS OF SUCH CODE WHICH APPLY GENERALLY TO DEPARTMENTAL
21 ADMINISTRATIVE BOARDS AND COMMISSIONS.
22 THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE
23 COMMISSION TO BE ITS CHAIRMAN WHO SHALL PRESIDE AT ALL MEETINGS
24 OF THE COMMISSION AND PERFORM ALL THE DUTIES AND FUNCTIONS OF
25 THE CHAIRMAN THEREOF. THE COMMISSION MAY DESIGNATE ONE OF ITS
26 MEMBERS TO ACT AS CHAIRMAN DURING THE ABSENCE OR INCAPACITY OF
27 THE CHAIRMAN AND, WHEN SO ACTING, THE MEMBER SO DESIGNATED SHALL
28 HAVE AND PERFORM ALL THE POWERS AND DUTIES OF THE CHAIRMAN OF
29 THE COMMISSION.
30 SIX MEMBERS OF THE COMMISSION OR A MAJORITY OF THOSE DULY
19850H0141B4154 - 23 -
1 APPOINTED AND QUALIFIED SHALL CONSTITUTE A QUORUM FOR
2 TRANSACTING BUSINESS, AND A MAJORITY VOTE OF THOSE PRESENT AT
3 ANY MEETING SHALL BE SUFFICIENT FOR ANY OFFICIAL ACTION TAKEN BY
4 THE COMMISSION.
5 EACH MEMBER OF THE COMMISSION SHALL RECEIVE PER DIEM
6 COMPENSATION AT THE RATE OF [FIFTEEN DOLLARS ($15)] SIXTY
7 DOLLARS ($60) PER DAY FOR THE TIME ACTUALLY DEVOTED TO THE
8 BUSINESS OF THE COMMISSION. MEMBERS SHALL ALSO RECEIVE THE
9 AMOUNT OF REASONABLE TRAVELING, HOTEL AND OTHER NECESSARY
10 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES IN
11 ACCORDANCE WITH COMMONWEALTH REGULATIONS.
12 THE COMMISSION SHALL ADOPT AN OFFICIAL SEAL BY WHICH ITS ACTS
13 AND PROCEEDINGS SHALL BE AUTHENTICATED, AND OF WHICH THE COURTS
14 SHALL TAKE JUDICIAL NOTICE. THE CERTIFICATE OF THE CHAIRMAN OF
15 THE COMMISSION, UNDER THE SEAL OF THE COMMISSION AND ATTESTED BY
16 THE SECRETARY, SHALL BE ACCEPTED IN EVIDENCE IN ANY JUDICIAL
17 PROCEEDING IN ANY COURT OF THIS COMMONWEALTH AS ADEQUATE AND
18 SUFFICIENT PROOF OF THE ACTS AND PROCEEDINGS OF THE COMMISSION
19 THEREIN CERTIFIED TO.
20 SECTION 8. SECTION 7(I), (J) AND (K) OF THE ACT, AMENDED
21 JULY 9, 1969 (P.L.133, NO.56) AND NOVEMBER 26, 1978 (P.L.1292,
22 NO.309), ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
23 CLAUSES TO READ:
24 SECTION 7. POWERS AND DUTIES OF THE COMMISSION.--THE
25 COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
26 * * *
27 (C.1) TO CONDUCT MANDATORY TRAINING SEMINARS ON THE
28 PENNSYLVANIA HUMAN RELATIONS ACT AND OTHER APPLICABLE FEDERAL
29 AND STATE LAW PROCEDURES AND RULES FOR ALL INVESTIGATIVE
30 PERSONNEL.
19850H0141B4154 - 24 -
1 (C.2) TO AFFORD COMPLAINANTS AND RESPONDENTS THE OPPORTUNITY
2 FOR COMMENTS AFTER THE FINAL DISPOSITION OF A COMPLAINT. THESE
3 COMMENTS SHALL BE PROVIDED TO THE COMMISSION MEMBERS.
4 (C.3) TO APPOINT ATTORNEYS TO PERFORM THE FOLLOWING
5 FUNCTIONS: (1) RENDER LEGAL ADVICE TO COMMISSION MEMBERS ON
6 MATTERS APPEARING BEFORE IT; OR (2) GIVE LEGAL ASSISTANCE TO
7 COMPLAINANTS APPEARING BEFORE THE COMMISSION OR HEARING
8 EXAMINERS. THESE RESPONSIBILITIES SHALL REQUIRE A SEPARATE STAFF
9 OF ATTORNEYS TO PERFORM EACH FUNCTION.
10 * * *
11 (I) TO CREATE SUCH ADVISORY AGENCIES AND CONCILIATION
12 COUNCILS, LOCAL OR STATE-WIDE, AS WILL AID IN EFFECTUATING THE
13 PURPOSES OF THIS ACT. THE COMMISSION MAY ITSELF OR IT MAY
14 EMPOWER THESE AGENCIES AND COUNCILS TO (1) STUDY THE PROBLEMS OF
15 DISCRIMINATION IN ALL OR SPECIFIC FIELDS OF HUMAN RELATIONSHIPS
16 WHEN BASED ON RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE, SEX
17 [OR], NATIONAL ORIGIN OR HANDICAP OR DISABILITY, AND (2) FOSTER,
18 THROUGH COMMUNITY EFFORT OR OTHERWISE, GOOD WILL AMONG THE
19 GROUPS AND ELEMENTS OF THE POPULATION OF THE STATE. SUCH
20 AGENCIES AND COUNCILS MAY MAKE RECOMMENDATIONS TO THE COMMISSION
21 FOR THE DEVELOPMENT OF POLICIES AND PROCEDURE IN GENERAL.
22 ADVISORY AGENCIES AND CONCILIATION COUNCILS CREATED BY THE
23 COMMISSION SHALL BE COMPOSED OF REPRESENTATIVE CITIZENS, SERVING
24 WITHOUT PAY, BUT THE COMMISSION MAY MAKE PROVISION FOR TECHNICAL
25 AND CLERICAL ASSISTANCE TO SUCH AGENCIES AND COUNCILS, AND FOR
26 THE PAYMENT OF THE EXPENSES OF SUCH ASSISTANCE.
27 (J) TO ISSUE SUCH PUBLICATIONS AND SUCH RESULTS OF
28 INVESTIGATIONS AND RESEARCH AS, IN ITS JUDGMENT, WILL TEND TO
29 PROMOTE GOOD WILL AND MINIMIZE OR ELIMINATE DISCRIMINATION
30 BECAUSE OF RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE, SEX
19850H0141B4154 - 25 -
1 [OR], NATIONAL ORIGIN OR HANDICAP OR DISABILITY.
2 (K) FROM TIME TO TIME BUT NOT LESS THAN ONCE A YEAR, TO
3 REPORT TO THE [LEGISLATURE] GENERAL ASSEMBLY AND THE GOVERNOR
4 DESCRIBING IN DETAIL THE INVESTIGATIONS, PROCEEDINGS AND
5 HEARINGS IT HAS CONDUCTED AND THEIR OUTCOME, THE DECISIONS IT
6 HAS RENDERED AND THE OTHER WORK PERFORMED BY IT, AND MAKE
7 RECOMMENDATIONS FOR SUCH FURTHER LEGISLATION CONCERNING ABUSES
8 AND DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGIOUS CREED,
9 ANCESTRY, AGE, SEX [OR], NATIONAL ORIGIN OR HANDICAP OR
10 DISABILITY AS MAY BE DESIRABLE.
11 * * *
12 (M) TO SUBMIT ANNUALLY A REPORT TO THE LABOR AND INDUSTRY
13 COMMITTEE OF THE SENATE AND THE STATE GOVERNMENT COMMITTEE OF
14 THE HOUSE, WITH A DESCRIPTION OF THE TYPES OF COMPLAINTS
15 RECEIVED, STATUS OF CASES, COMMISSION ACTION WHICH HAS BEEN
16 TAKEN, HOW MANY WERE FOUND TO HAVE PROBABLE CAUSE, HOW MANY WERE
17 RESOLVED BY PUBLIC HEARING AND THE LENGTH OF TIME FROM THE
18 INITIAL COMPLAINT TO FINAL COMMISSION RESOLUTION.
19 (N) TO NOTIFY LOCAL HUMAN RELATIONS COMMISSIONS OF
20 COMPLAINTS RECEIVED BY THE PENNSYLVANIA HUMAN RELATIONS
21 COMMISSION INVOLVING PERSONS WITHIN A COMMISSION'S JURISDICTION.
22 (O) TO PREPARE AND PUBLISH ALL FINDINGS OF FACT, CONCLUSIONS
23 OF THE LAW, FINAL DECISIONS AND ORDERS MADE AFTER A PUBLIC
24 HEARING BY THE HEARING EXAMINERS, COMMISSION PANEL OR FULL
25 COMMISSION.
26 (P) TO GIVE PUBLIC ACCESS TO THE COMMISSION'S COMPLIANCE
27 MANUAL.
28 (Q) TO PRESERVE OPINIONS RENDERED BY THE COMMISSION FOR FIVE
29 YEARS FROM THE DATE OF PUBLICATION.
30 SECTION 9. SECTION 8 OF THE ACT IS AMENDED TO READ:
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1 SECTION 8. EDUCATIONAL PROGRAM.--
2 [IN ORDER TO ELIMINATE PREJUDICE AMONG THE VARIOUS RACIAL,
3 RELIGIOUS AND NATIONALITY GROUPS IN THIS COMMONWEALTH AND TO
4 FURTHER GOOD WILL AMONG SUCH GROUPS, THE] THE COMMISSION, IN
5 COOPERATION WITH THE [DEPARTMENT OF PUBLIC INSTRUCTION]
6 DEPARTMENT OF EDUCATION, IS AUTHORIZED TO PREPARE A
7 COMPREHENSIVE EDUCATIONAL PROGRAM, DESIGNED FOR THE STUDENTS OF
8 THE SCHOOLS IN THIS COMMONWEALTH AND FOR ALL OTHER RESIDENTS
9 THEREOF, IN ORDER TO ELIMINATE PREJUDICE [AGAINST SUCH GROUPS]
10 AGAINST AND TO FURTHER GOOD WILL AMONG ALL PERSONS, WITHOUT
11 REGARD TO RACE, RELIGIOUS CREED, ANCESTRY, AGE, SEX, NATIONAL
12 ORIGIN, HANDICAP OR DISABILITY.
13 SECTION 10. SECTION 9(A), (B), (F) AND (G) OF THE ACT,
14 AMENDED DECEMBER 9, 1982 (P.L.1053, NO.247), ARE AMENDED TO
15 READ:
16 SECTION 9. PROCEDURE.--(A) ANY [INDIVIDUAL] PERSON CLAIMING
17 TO BE AGGRIEVED BY AN ALLEGED UNLAWFUL DISCRIMINATORY PRACTICE
18 MAY MAKE, SIGN AND FILE WITH THE COMMISSION A VERIFIED
19 COMPLAINT, IN WRITING, WHICH SHALL STATE THE NAME AND ADDRESS OF
20 THE PERSON, EMPLOYER, LABOR ORGANIZATION OR EMPLOYMENT AGENCY
21 ALLEGED TO HAVE COMMITTED THE UNLAWFUL DISCRIMINATORY PRACTICE
22 COMPLAINED OF, AND WHICH SHALL SET FORTH THE PARTICULARS THEREOF
23 AND CONTAIN SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE
24 COMMISSION. COMMISSION REPRESENTATIVES SHALL NOT MODIFY THE
25 SUBSTANCE OF THE COMPLAINT. THE COMMISSION UPON ITS OWN
26 INITIATIVE OR THE ATTORNEY GENERAL MAY, IN LIKE MANNER, MAKE,
27 SIGN AND FILE SUCH COMPLAINT. ANY EMPLOYER WHOSE EMPLOYES, OR
28 SOME OF THEM, HINDER OR THREATEN TO HINDER COMPLIANCE WITH THE
29 PROVISIONS OF THIS ACT MAY FILE WITH THE COMMISSION A VERIFIED
30 COMPLAINT, ASKING FOR ASSISTANCE BY CONCILIATION OR OTHER
19850H0141B4154 - 27 -
1 REMEDIAL ACTION AND, DURING SUCH PERIOD OF CONCILIATION OR OTHER
2 REMEDIAL ACTION, NO HEARINGS, ORDERS OR OTHER ACTIONS SHALL BE
3 TAKEN BY THE COMMISSION AGAINST SUCH EMPLOYER.
4 (B) (1) AFTER THE FILING OF ANY COMPLAINT, OR WHENEVER
5 THERE IS REASON TO BELIEVE THAT AN UNLAWFUL DISCRIMINATORY
6 PRACTICE HAS BEEN COMMITTED, THE COMMISSION SHALL MAKE A PROMPT
7 INVESTIGATION IN CONNECTION THEREWITH.
8 (2) THE COMMISSION SHALL SEND A COPY OF THE COMPLAINT TO THE
9 NAMED RESPONDENT WITHIN THIRTY DAYS FROM THE DATE OF DOCKETING
10 THE COMPLAINT.
11 (3) A RESPONDENT SHALL FILE A WRITTEN, VERIFIED ANSWER TO
12 THE COMPLAINT WITHIN THIRTY DAYS OF SERVICE OF THE COMPLAINT.
13 THE COMMISSION, UPON REQUEST OF THE RESPONDENT, MAY GRANT AN
14 EXTENSION OF NOT MORE THAN THIRTY ADDITIONAL DAYS.
15 * * *
16 (F) IF, UPON ALL THE EVIDENCE AT THE HEARING, THE COMMISSION
17 SHALL FIND THAT A RESPONDENT HAS ENGAGED IN OR IS ENGAGING IN
18 ANY UNLAWFUL DISCRIMINATORY PRACTICE AS DEFINED IN THIS ACT, THE
19 COMMISSION SHALL STATE ITS FINDINGS OF FACT, AND SHALL ISSUE AND
20 CAUSE TO BE SERVED ON SUCH RESPONDENT AN ORDER REQUIRING SUCH
21 RESPONDENT TO CEASE AND DESIST FROM SUCH UNLAWFUL DISCRIMINATORY
22 PRACTICE AND TO TAKE SUCH AFFIRMATIVE ACTION, INCLUDING, BUT NOT
23 LIMITED TO, REIMBURSEMENT OF CERTIFIABLE TRAVEL EXPENSES IN
24 MATTERS INVOLVING THE COMPLAINT, NOT TO EXCEED FIFTY DOLLARS
25 ($50), COMPENSATION FOR LOSS OF WORK IN MATTERS INVOLVING THE
26 COMPLAINT, NOT TO EXCEED TWO HUNDRED DOLLARS ($200), HIRING,
27 REINSTATEMENT OR UPGRADING OF EMPLOYES, WITH OR WITHOUT BACK
28 PAY, ADMISSION OR RESTORATION TO MEMBERSHIP IN ANY RESPONDENT
29 LABOR ORGANIZATION, THE MAKING OF REASONABLE ACCOMMODATIONS, OR
30 SELLING OR LEASING SPECIFIED [COMMERCIAL HOUSING] HOUSING
19850H0141B4154 - 28 -
1 ACCOMMODATIONS OR COMMERCIAL PROPERTY UPON SUCH EQUAL TERMS AND
2 CONDITIONS AND WITH SUCH EQUAL FACILITIES, SERVICES AND
3 PRIVILEGES OR LENDING MONEY, WHETHER OR NOT SECURED BY MORTGAGE
4 OR OTHERWISE FOR THE ACQUISITION, CONSTRUCTION, REHABILITATION,
5 REPAIR OR MAINTENANCE OF [COMMERCIAL HOUSING] HOUSING
6 ACCOMMODATIONS OR COMMERCIAL PROPERTY, UPON SUCH EQUAL TERMS AND
7 CONDITIONS TO ANY PERSON DISCRIMINATED AGAINST OR ALL PERSONS
8 AS, IN THE JUDGMENT OF THE COMMISSION, WILL EFFECTUATE THE
9 PURPOSES OF THIS ACT, AND INCLUDING A REQUIREMENT FOR REPORT OF
10 THE MANNER OF COMPLIANCE. WHEN THE RESPONDENT IS A LICENSEE OF
11 THE COMMONWEALTH, THE COMMISSION SHALL INFORM THE APPROPRIATE
12 STATE LICENSING AUTHORITY OF THE ORDER WITH THE REQUEST THAT THE
13 LICENSING AUTHORITY TAKE SUCH ACTION AS IT DEEMS APPROPRIATE
14 AGAINST SUCH LICENSEE. AN APPEAL FROM THE COMMISSION'S ORDER
15 SHALL ACT AS A SUPERSEDEAS AND STAY SUCH ACTION BY THE STATE
16 LICENSING AUTHORITY UNTIL A FINAL DECISION ON SAID APPEAL. IF,
17 UPON ALL THE EVIDENCE, THE COMMISSION SHALL FIND THAT A
18 RESPONDENT HAS NOT ENGAGED IN ANY SUCH UNLAWFUL DISCRIMINATORY
19 PRACTICE, THE COMMISSION SHALL STATE ITS FINDINGS OF FACT, AND
20 SHALL ISSUE AND CAUSE TO BE SERVED ON THE COMPLAINANT AN ORDER
21 DISMISSING THE SAID COMPLAINT AS TO SUCH RESPONDENT.
22 (G) THE COMMISSION SHALL ESTABLISH RULES OR PRACTICE TO
23 GOVERN, EXPEDITE AND EFFECTUATE THE FOREGOING PROCEDURE AND ITS
24 OWN ACTIONS THEREUNDER. THREE OR MORE MEMBERS OF THE COMMISSION
25 OR A PERMANENT HEARING EXAMINER DESIGNATED BY THE COMMISSION
26 SHALL CONSTITUTE THE COMMISSION FOR ANY HEARING REQUIRED TO BE
27 HELD BY THE COMMISSION UNDER THIS ACT. THE RECOMMENDED FINDINGS,
28 CONCLUSIONS AND ORDER MADE BY SAID MEMBERS OR PERMANENT HEARING
29 EXAMINER SHALL BE REVIEWED AND APPROVED OR REVERSED BY THE
30 COMMISSION BEFORE SUCH ORDER MAY BE SERVED UPON THE PARTIES TO
19850H0141B4154 - 29 -
1 THE COMPLAINT. THE RECOMMENDED FINDINGS, CONCLUSIONS AND ORDER
2 MADE BY SAID MEMBERS OR PERMANENT HEARING EXAMINER SHALL BECOME
3 A PART OF THE PERMANENT RECORD OF THE PROCEEDING AND SHALL
4 ACCOMPANY ANY ORDER SERVED UPON THE PARTIES TO THE COMPLAINT.
5 ANY COMPLAINT FILED PURSUANT TO THIS SECTION MUST BE SO FILED
6 WITHIN [NINETY] ONE HUNDRED EIGHTY DAYS AFTER THE ALLEGED ACT OF
7 DISCRIMINATION. ANY COMPLAINT MAY BE WITHDRAWN AT ANY TIME BY
8 THE PARTY FILING THE COMPLAINT.
9 SECTION 11. SECTION 12(B) OF THE ACT, AMENDED DECEMBER 19,
10 1974 (P.L.966, NO.318), IS AMENDED AND THE SECTION IS AMENDED BY
11 ADDING A SUBSECTION TO READ:
12 SECTION 12. CONSTRUCTION AND EXCLUSIVENESS OF REMEDY.--
13 * * *
14 (B) EXCEPT AS PROVIDED IN SUBSECTION (C), NOTHING CONTAINED
15 IN THIS ACT SHALL BE DEEMED TO REPEAL OR SUPERSEDE ANY OF THE
16 PROVISIONS OF ANY EXISTING OR HEREAFTER ADOPTED MUNICIPAL
17 ORDINANCE, MUNICIPAL CHARTER OR OF ANY LAW OF THIS COMMONWEALTH
18 RELATING TO DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGIOUS
19 CREED, ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR HANDICAP OR
20 DISABILITY, BUT AS TO ACTS DECLARED UNLAWFUL BY SECTION FIVE OF
21 THIS ACT THE PROCEDURE HEREIN PROVIDED SHALL, WHEN INVOKED, BE
22 EXCLUSIVE AND THE FINAL DETERMINATION THEREIN SHALL EXCLUDE ANY
23 OTHER ACTION, CIVIL OR CRIMINAL, BASED ON THE SAME GRIEVANCE OF
24 THE COMPLAINANT CONCERNED. IF [SUCH] THE COMPLAINANT INSTITUTES
25 ANY ACTION BASED ON SUCH GRIEVANCE WITHOUT RESORTING TO THE
26 PROCEDURE PROVIDED IN THIS ACT, [HE] SUCH COMPLAINANT MAY NOT
27 SUBSEQUENTLY RESORT TO THE PROCEDURE HEREIN. IN THE EVENT OF A
28 CONFLICT BETWEEN THE INTERPRETATION OF A PROVISION OF THIS ACT
29 AND THE INTERPRETATION OF A SIMILAR PROVISION CONTAINED IN ANY
30 MUNICIPAL ORDINANCE, THE INTERPRETATION OF THE PROVISION IN THIS
19850H0141B4154 - 30 -
1 ACT SHALL APPLY TO SUCH MUNICIPAL ORDINANCE.
2 * * *
3 (C.1) NOTWITHSTANDING SUBSECTIONS (A) AND (C) OR ANY OTHER
4 PROVISION OF THIS ACT, NOTHING IN THIS ACT SHALL BE DEEMED TO
5 AUTHORIZE IMPOSITION BY THE COMMISSION OF REMEDIAL QUOTA RELIEF
6 IN CASES INVOLVING HIRING OR PROMOTING OF EMPLOYES OF THE
7 COMMONWEALTH, ITS AGENCIES OR INSTRUMENTALITIES OR EMPLOYES OF
8 LOCAL GOVERNMENTS AND SCHOOL DISTRICTS IN THIS COMMONWEALTH.
9 THIS SUBSECTION SHALL NOT, HOWEVER, PROHIBIT THE VOLUNTARY
10 ADOPTION OF AN AFFIRMATIVE ACTION PLAN DESIGNED TO ASSURE THAT
11 ALL PERSONS ARE ACCORDED EQUALITY OF OPPORTUNITY IN EMPLOYMENT.
12 * * *
13 SECTION 12. SECTION 12.1 OF THE ACT IS AMENDED BY ADDING A
14 CLAUSE TO READ:
15 SECTION 12.1. LOCAL HUMAN RELATIONS COMMISSIONS.--* * *
16 (E) THE LOCAL HUMAN RELATIONS COMMISSION SHALL NOTIFY THE
17 PENNSYLVANIA HUMAN RELATIONS COMMISSION OF COMPLAINTS RECEIVED
18 INVOLVING DISCRIMINATORY ACTS WITHIN THAT COMMISSION'S
19 JURISDICTION.
20 SECTION 13. THIS ACT, WITH RESPECT TO THE PENNSYLVANIA HUMAN
21 RELATIONS COMMISSION, CONSTITUTES THE LEGISLATION REQUIRED TO
22 REESTABLISH AN AGENCY UNDER THE ACT OF DECEMBER 22, 1981
23 (P.L.508, NO.142), KNOWN AS THE SUNSET ACT.
24 SECTION 14. THE PENNSYLVANIA HUMAN RELATIONS COMMISSION
25 SHALL CONTINUE TOGETHER WITH ITS STATUTORY FUNCTIONS AND DUTIES
26 UNTIL DECEMBER 31, 1991, WHEN IT SHALL TERMINATE AND GO OUT OF
27 EXISTENCE UNLESS REESTABLISHED OR CONTINUED BY THE GENERAL
28 ASSEMBLY FOR AN ADDITIONAL TEN YEARS. EVALUATION AND REVIEW,
29 TERMINATION, REESTABLISHMENT AND CONTINUATION OF THE AGENCY
30 BEYOND DECEMBER 31, 1991, AND EVERY TENTH YEAR THEREAFTER, SHALL
19850H0141B4154 - 31 -
1 BE CONDUCTED PURSUANT TO THE ACT OF DECEMBER 22, 1981 (P.L.508,
2 NO.142), KNOWN AS THE SUNSET ACT.
3 SECTION 15. THE PRESENTLY CONFIRMED MEMBERS OF THE EXISTING
4 PENNSYLVANIA HUMAN RELATIONS COMMISSION, AS OF DECEMBER 31,
5 1986, SHALL CONTINUE TO SERVE AS MEMBERS UNTIL THEIR PRESENT
6 TERMS OF OFFICE EXPIRE AND UNTIL THEIR SUCCESSORS ARE APPOINTED
7 AND QUALIFIED.
8 SECTION 16. EACH RULE AND REGULATION OF THE PENNSYLVANIA
9 HUMAN RELATIONS COMMISSION IN EFFECT ON DECEMBER 31, 1986, SHALL
10 REMAIN IN EFFECT UNTIL REPEALED OR AMENDED BY THE PENNSYLVANIA
11 HUMAN RELATIONS COMMISSION.
12 SECTION 17. THIS ACT SHALL BE RETROACTIVE TO DECEMBER 31,
13 1986, IF ENACTED AFTER THAT DATE.
14 SECTION 18. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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