PRIOR PRINTER'S NOS. 2164, 2388 PRINTER'S NO. 2722
No. 1827 Session of 1991
INTRODUCED BY BATTISTO, STRITTMATTER, ROEBUCK, GIGLIOTTI, LEH,
OLIVER AND M. N. WRIGHT, JUNE 26, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 13, 1991
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," further providing for
12 the right to freedom from discrimination in employment,
13 housing and public accommodations; prohibiting discrimination
14 because of familial status; amending and adding certain
15 definitions; further providing for the powers and duties of
16 the Pennsylvania Human Relations Commission; further
17 providing for enforcement, remedies and penalties; making
18 editorial changes; and continuing the Pennsylvania Human
19 Relations Commission pursuant to the Sunset Act.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The title of the act of October 27, 1955
23 (P.L.744, No.222), known as the Pennsylvania Human Relations
24 Act, amended February 28, 1961 (P.L.47, No.19), is amended to
25 read:
1 AN ACT
2 Prohibiting certain practices of discrimination because of race,
3 color, religious creed, ancestry, age or national origin by
4 employers, employment agencies, labor organizations and
5 others as herein defined; creating the Pennsylvania Human
6 Relations Commission in the [Department of Labor and
7 Industry] Governor's Office; defining its functions, powers
8 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.
12 Section 2. Sections 2 and 3 of the act, amended December 16,
13 1986 (P.L.1626, No.186), are amended to read:
14 Section 2. Findings and Declaration of Policy.--
15 (a) The practice or policy of discrimination against
16 individuals or groups by reason of their race, color, familial
17 status, religious creed, ancestry, age, sex, national origin,
18 handicap or disability, use of guide [animals because of
19 blindness or deafness of the user, use of support animals
20 because of a] or support animals because of the blindness,
21 deafness or physical handicap of the user or because the user is
22 a handler or trainer of support or guide animals[, age, sex, or
23 national origin] is a matter of concern of the Commonwealth.
24 Such discrimination foments domestic strife and unrest,
25 threatens the rights and privileges of the inhabitants of the
26 Commonwealth, and undermines the foundations of a free
27 democratic state. The denial of equal employment, housing and
28 public accommodation opportunities because of such
29 discrimination, and the consequent failure to utilize the
30 productive capacities of individuals to their fullest extent,
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1 deprives large segments of the population of the Commonwealth of
2 earnings necessary to maintain decent standards of living,
3 necessitates their resort to public relief and intensifies group
4 conflicts, thereby resulting in grave injury to the public
5 health and welfare, compels many individuals to live in
6 dwellings which are substandard, unhealthful and overcrowded,
7 resulting in racial segregation in public schools and other
8 community facilities, juvenile delinquency and other evils,
9 thereby threatening the peace, health, safety and general
10 welfare of the Commonwealth and its inhabitants.
11 (b) It is hereby declared to be the public policy of this
12 Commonwealth to foster the employment of all individuals in
13 accordance with their fullest capacities regardless of their
14 race, color, religious creed, ancestry, age, sex, national
15 origin, handicap or disability, use of guide [dogs because of
16 blindness or deafness of the user, use of support animals
17 because of a] or support animals because of the blindness,
18 deafness or physical handicap of the user or because the user is
19 a handler or trainer of support or guide animals, [age, sex, or
20 national origin,] and to safeguard their right to obtain and
21 hold employment without such discrimination, to assure equal
22 opportunities to all individuals and to safeguard their rights
23 to public accommodation and to secure housing accommodation and
24 commercial property regardless of race, color, familial status,
25 religious creed, ancestry, [sex,] age, sex, national origin,
26 handicap or disability, use of guide or support animals because
27 of blindness or deafness of the user [or national origin] or
28 because the user is a handler or trainer of guide or support
29 animals.
30 (c) This act shall be deemed an exercise of the police power
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1 of the Commonwealth for the protection of the public welfare,
2 prosperity, health and peace of the people of the Commonwealth
3 of Pennsylvania.
4 Section 3. Right to Freedom from Discrimination in
5 Employment, Housing and Public Accommodation.--The opportunity
6 for an individual to obtain employment for which he is
7 qualified, and to obtain all the accommodations, advantages,
8 facilities and privileges of any public accommodation and of any
9 housing accommodation and commercial property without
10 discrimination because of race, color, familial status,
11 religious creed, ancestry, handicap or disability, age, sex,
12 national origin, the use of a guide or support animal because of
13 the blindness, deafness or physical handicap of the user or
14 because the user is a handler or trainer of support or guide
15 animals is hereby recognized as and declared to be a civil right
16 which shall be enforceable as set forth in this act.
17 Section 3. Section 4 of the act, amended February 28, 1961
18 (P.L.47, No.19), January 24, 1966 (1965 P.L.1523, No.533),
19 November 29, 1967 (P.L.632, No.291), December 19, 1974 (P.L.966,
20 No.318), November 26, 1978 (P.L.1292, No.309), December 9, 1982
21 (P.L.1053, No.247), December 15, 1982 (P.L.1267, No.288) and
22 December 16, 1986 (P.L.1626, No.186), is amended to read:
23 Section 4. Definitions.--As used in this act unless a
24 different meaning clearly appears from the context:
25 (a) The term "person" includes one or more individuals,
26 partnerships, associations, organizations, corporations, legal
27 representatives, trustees in bankruptcy or receivers. It also
28 includes, but is not limited to, any owner, lessor, assignor,
29 builder, manager, broker, salesman, agent, employe, independent
30 contractor, lending institution and the Commonwealth of
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1 Pennsylvania, and all political subdivisions, authorities,
2 boards and commissions thereof.
3 (b) The term "employer" includes the Commonwealth or any
4 political subdivision or board, department, commission or school
5 district thereof and any person employing four or more persons
6 within the Commonwealth, but except as hereinafter provided,
7 does not include religious, fraternal, charitable or sectarian
8 corporations or associations, except such corporations or
9 associations supported, in whole or in part, by governmental
10 appropriations. The term "employer" with respect to
11 discriminatory practices based on race, color, age, sex,
12 national origin or non-job related handicap or disability,
13 includes religious, fraternal, charitable and sectarian
14 corporations and associations employing four or more persons
15 within the Commonwealth.
16 (c) The term "employe" does not include (1) any individual
17 employed in agriculture or in the domestic service of any
18 person, (2) any individuals who, as a part of their employment,
19 reside in the personal residence of the employer, (3) any
20 individual employed by said individual's parents, spouse or
21 child.
22 (d) The term "labor organizations" includes any organization
23 which exists for the purpose, in whole or in part, of collective
24 bargaining or of dealing with employers concerning grievances,
25 terms or conditions of employment or of other mutual aid or
26 protection in relation to employment.
27 (e) The term "employment agency" includes any person
28 regularly undertaking, with or without compensation, to procure
29 opportunities to work or to procure, recruit, refer or place
30 employes.
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1 (f) The term "Commission" means the Pennsylvania Human
2 Relations Commission created by this act.
3 (g) The term "discriminate" includes segregate.
4 (h) The term "age" includes any person [between the ages of
5 forty and seventy inclusive] forty years of age or older and
6 shall also include any other person so protected by further
7 amendment to the Federal Age Discrimination in Employment Act.
8 (i) The term "housing accommodations" includes (1) any
9 building, structure, mobile home site or facility, or portion
10 thereof, which is used or occupied or is intended, arranged or
11 designed to be used or occupied as the home residence or
12 sleeping place of one or more individuals, groups or families
13 whether or not living independently of each other; and (2) any
14 vacant land offered for sale, lease or held for the purpose of
15 constructing or locating thereon any such building, structure,
16 mobile home site or facility. The term "housing accommodation"
17 shall not include any personal residence offered for rent by the
18 owner or lessee thereof or by his or her broker, salesperson,
19 agent or employe.
20 (j) The term "commercial property" means (1) any building,
21 structure or facility, or portion thereof, which is used,
22 occupied or is intended, arranged or designed to be used or
23 occupied for the purpose of operating a business, an office, a
24 manufactory or any public accommodation; and (2) any vacant land
25 offered for sale, lease or held for the purpose of constructing
26 or locating thereon any such building, structure, facility,
27 business concern or public accommodation.
28 (k) The term "personal residence" means a building or
29 structure containing living quarters occupied or intended to be
30 occupied by no more than two individuals, two groups or two
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1 families living independently of each other and used by the
2 owner or lessee thereof as a bona fide residence for himself and
3 any members of his family forming his household.
4 (l) The term "public accommodation, resort or amusement"
5 means any accommodation, resort or amusement which is open to,
6 accepts or solicits the patronage of the general public,
7 including but not limited to inns, taverns, roadhouses, hotels,
8 motels, whether conducted for the entertainment of transient
9 guests or for the accommodation of those seeking health,
10 recreation or rest, or restaurants or eating houses, or any
11 place where food is sold for consumption on the premises,
12 buffets, saloons, barrooms or any store, park or enclosure where
13 spirituous or malt liquors are sold, ice cream parlors,
14 confectioneries, soda fountains and all stores where ice cream,
15 ice and fruit preparations or their derivatives, or where
16 beverages of any kind are retailed for consumption on the
17 premises, drug stores, dispensaries, clinics, hospitals,
18 bathhouses, swimming pools, barber shops, beauty parlors, retail
19 stores and establishments, theatres, motion picture houses,
20 airdromes, roof gardens, music halls, race courses, skating
21 rinks, amusement and recreation parks, fairs, bowling alleys,
22 gymnasiums, shooting galleries, billiard and pool parlors,
23 public libraries, kindergartens, primary and secondary schools,
24 high schools, academies, colleges and universities, extension
25 courses and all educational institutions under the supervision
26 of this Commonwealth, nonsectarian cemeteries, garages and all
27 public conveyances operated on land or water or in the air as
28 well as the stations, terminals and airports thereof, financial
29 institutions and all Commonwealth facilities and services,
30 including such facilities and services of all political
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1 subdivisions thereof, but shall not include any accommodations
2 which are in their nature distinctly private.
3 (m) The term "political subdivision" means any county, city,
4 borough, incorporated town or township of this Commonwealth.
5 (n) The term "legislative body" means the body or board
6 authorized by law to enact ordinances or adopt resolutions for
7 the political subdivision.
8 (o) The term "local commission" means a Human Relations
9 Commission created by the legislative body of a political
10 subdivision.
11 (p) The term "non-job related handicap or disability" means
12 any handicap or disability which does not substantially
13 interfere with the ability to perform the essential functions of
14 the employment which a handicapped person applies for, is
15 engaged in or has been engaged in. Uninsurability or increased
16 cost of insurance under a group or employe insurance plan does
17 not render a handicap or disability job related.
18 (p.1) The term "handicap or disability," with respect to a
19 person, means:
20 (1) a physical or mental impairment which substantially
21 limits one or more of such person's major life activities;
22 (2) a record of having such an impairment; or
23 (3) being regarded as having such an impairment,
24 but such term does not include current, illegal use of or
25 addiction to a controlled substance, as defined in section 102
26 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. §
27 802).
28 (q) The term "permanent hearing examiner" shall mean a full-
29 time employe who is an attorney.
30 (r) The term "designated agent of the complainant" shall
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1 mean an individual who is a para-legal under the supervision of
2 a practicing attorney.
3 (s) The term "commercial profit" means any form of
4 compensation in money, or which can be measured in terms of
5 money.
6 (t) The term "familial status" means one or more individuals
7 who have not attained the age of eighteen years being domiciled
8 with:
9 (1) a parent or other person having legal custody of such
10 individual or individuals; or
11 (2) the designee of such parent or other person having such
12 custody, with the written permission of such parent or other
13 person.
14 The protections afforded against discrimination on the basis of
15 familial status shall apply to any person who is pregnant or is
16 in the process of securing legal custody of any individual who
17 has not attained the age of 18 years.
18 (u) The term "Fair Housing Act" means Public Law 90-284, 42
19 U.S.C. § 3601 et seq.
20 (v) The term "accessible" means being in compliance with the
21 accessibility APPLICABLE standards set forth in the following: <--
22 (1) the Fair Housing Act (Public Law 90-284, 42 U.S.C. §
23 3601 et seq.);
24 (2) the Americans with Disabilities Act of 1990 (Public Law
25 101-336, 42 U.S.C. § 12101 et seq.); AND <--
26 (3) the act of September 1, 1965 (P.L.459, No.235),
27 entitled, as amended, "An act requiring that certain buildings
28 and facilities adhere to certain principles, standards and
29 specifications to make the same accessible to and usable by
30 persons with physical handicaps, and providing for enforcement"; <--
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1 and
2 (4) any other applicable Federal or State law or regulation,
3 or any local ordinance or resolution, relating to accessibility
4 or accommodations. ENFORCEMENT." <--
5 (w) (1) The term "housing for older persons" means housing:
6 (i) provided under any Federal or State program that the
7 Pennsylvania Human Relations Commission determines is
8 specifically designed and operated to assist elderly persons as
9 defined in the Federal or State program;
10 (ii) is intended for, and solely occupied by persons sixty-
11 two years of age or older; or
12 (iii) is intended and operated for occupancy by at least one
13 person fifty-five years of age or older per unit.
14 (2) In determining whether housing qualifies as housing for
15 older persons under this clause (w), the Pennsylvania Human
16 Relations Commission's requirements shall include, but not be
17 limited to, the following:
18 (i) the existence of significant facilities and services
19 specifically designed to meet the physical or social needs of
20 older persons, or if the provision of such facilities and
21 services is not practicable, that such housing is necessary to
22 provide important housing opportunities for older persons;
23 (ii) that at least eighty percent of the units are occupied
24 by at least one person fifty-five years of age or older per
25 unit; and
26 (iii) the publication of, and adherence to, policies and
27 procedures which demonstrate an intent by the owner or manager
28 to provide housing for persons fifty-five years of age or older.
29 (3) Housing shall not fail to meet the requirements for
30 housing for older persons by reason of unoccupied units provided
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1 that such units are reserved for occupancy by persons who meet
2 the age requirements of this clause (w).
3 (x) The term "independent contractor" includes any person
4 who is subject to the provisions governing any of the
5 professions and occupations regulated by State licensing laws
6 enforced by the Bureau of Professional and Occupational Affairs
7 in the Department of State, or is included in the Fair Housing
8 Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.).
9 (y) The term "real estate-related transaction" means any of
10 the following:
11 (1) The making or purchasing of loans or providing other
12 financial assistance for purchasing, constructing, improving,
13 repairing or maintaining a housing accommodation or commercial
14 property.
15 (2) The purchasing, constructing, improving, repairing or
16 maintaining a housing accommodation or commercial property.
17 (3) The selling, brokering or appraising of real property.
18 Section 4. Sections 5, 5.3 and 6 of the act, added or
19 amended December 16, 1986 (P.L.1626, No.186), are amended to
20 read:
21 Section 5. Unlawful Discriminatory Practices.--It shall be
22 an unlawful discriminatory practice, unless based upon a bona
23 fide occupational qualification, or in the case of a fraternal
24 corporation or association, unless based upon membership in such
25 association or corporation, or except where based upon
26 applicable security regulations established by the United States
27 or the Commonwealth of Pennsylvania:
28 (a) For any employer because of the race, color, religious
29 creed, ancestry, age, sex, national origin or non-job related
30 handicap or disability, or the use of a guide or support animal
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1 because of the blindness, deafness or physical handicap of any
2 individual or independent contractor, to refuse to hire or
3 employ or contract with, or to bar or to discharge from
4 employment such individual or independent contractor, or to
5 otherwise discriminate against such individual or independent
6 contractor with respect to compensation, hire, tenure, terms,
7 conditions or privileges of employment or contract, if the
8 individual or independent contractor is the best able and most
9 competent to perform the services required. The provision of
10 this paragraph shall not apply, to (1) [termination of
11 employment because of the terms or conditions of any bona fide
12 retirement or pension plan, (2)] operation of the terms or
13 conditions of any bona fide retirement or pension plan which
14 have the effect of a minimum service requirement, [(3)] (2)
15 operation of the terms or conditions of any bona fide group or
16 employe insurance plan, [(4)] (3) age limitations placed upon
17 entry into bona fide apprenticeship programs of two years or
18 more approved by the State Apprenticeship and Training Council
19 of the Department of Labor and Industry, established by the act
20 of July 14, 1961 (P.L.604, No.304), known as "The Apprenticeship
21 and Training Act." Notwithstanding any provision of this clause,
22 it shall not be an unlawful employment practice for a religious
23 corporation or association to hire or employ on the basis of sex
24 in those certain instances where sex is a bona fide occupational
25 qualification because of the religious beliefs, practices, or
26 observances of the corporation, or association.
27 (b) For any employer, employment agency or labor
28 organization, prior to the employment, contracting with an
29 independent contractor or admission to membership, to:
30 (1) Elicit any information or make or keep a record of or
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1 use any form of application or application blank containing
2 questions or entries concerning the race, color, religious
3 creed, ancestry, age, sex, national origin [or], past handicap
4 or disability, or the use of a guide or support animal because
5 of the blindness, deafness or physical handicap of any applicant
6 for employment or membership. [An employer may inquire as to the
7 existence and nature of a present handicap or disability. To
8 determine whether such handicap or disability substantially
9 interferes with the ability to perform the essential function of
10 the employment which is applied for, is being engaged in, or has
11 been engaged in, the employer must inquire beyond the mere
12 existence of a handicap or disability.] Prior to an offer of
13 employment, an employer may not inquire as to whether an
14 individual has a handicap or disability or as to the severity of
15 such handicap or disability. An employer may inquire as to the
16 individual's ability to perform the essential functions of the
17 employment.
18 (2) Print or publish or cause to be printed or published any
19 notice or advertisement relating to employment or membership
20 indicating any preference, limitation, specification or
21 discrimination based upon race, color, religious creed,
22 ancestry, age, sex, national origin [or], non-job related
23 handicap or disability or the use of a guide or support animal
24 because of the blindness, deafness or physical handicap of the
25 user.
26 (3) Deny or limit, through a quota system, employment or
27 membership because of race, color, religious creed, ancestry,
28 age, sex, national origin, non-job related handicap or
29 disability, the use of a guide or support animal because of the
30 blindness, deafness or physical handicap of the user, or place
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1 of birth.
2 (4) Substantially confine or limit recruitment or hiring of
3 individuals, with intent to circumvent the spirit and purpose of
4 this act, to any employment agency, employment service, labor
5 organization, training school or training center or any other
6 employe-referring source which services individuals who are
7 predominantly of the same race, color, religious creed,
8 ancestry, age, sex, national origin or non-job related handicap
9 or disability.
10 (5) Deny employment because of a prior handicap or
11 disability.
12 Nothing in clause (b) of this section shall bar any
13 institution or organization for handicapped or disabled persons
14 from limiting or giving preference in employment or membership
15 to handicapped or disabled persons.
16 (c) For any labor organization because of the race, color,
17 religious creed, ancestry, age, sex, national origin [or], non-
18 job related handicap or disability, or the use of a guide or
19 support animal because of the blindness, deafness or physical
20 handicap of any individual to deny full and equal membership
21 rights to any individual or otherwise to discriminate against
22 such individuals with respect to hire, tenure, terms, conditions
23 or privileges of employment or any other matter, directly or
24 indirectly, related to employment.
25 (d) For any person, employer, employment agency or labor
26 organization to discriminate in any manner against any
27 individual because such individual has opposed any practice
28 forbidden by this act, or because such individual has made a
29 charge, testified or assisted, in any manner, in any
30 investigation, proceeding or hearing under this act.
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1 (e) For any person, employer, employment agency, labor
2 organization or employe, to aid, abet, incite, compel or coerce
3 the doing of any act declared by this section to be an unlawful
4 discriminatory practice, or to obstruct or prevent any person
5 from complying with the provisions of this act or any order
6 issued thereunder, or to attempt, directly or indirectly, to
7 commit any act declared by this section to be an unlawful
8 discriminatory practice.
9 (f) For any employment agency to fail or refuse to classify
10 properly, refer for employment or otherwise to discriminate
11 against any individual because of his race, color, religious
12 creed, ancestry, age, sex, national origin [or], non-job related
13 handicap or disability or the use of a guide or support animal
14 because of the blindness, deafness or physical handicap of the
15 user.
16 (g) For any individual seeking employment to publish or
17 cause to be published any advertisement which in any manner
18 expresses a limitation or preference as to the race, color,
19 religious creed, ancestry, age, sex, national origin [or], non-
20 job related handicap or disability or the use of a guide or
21 support animal because of the blindness, deafness or physical
22 handicap of any prospective employer.
23 (h) For any person to:
24 (1) Refuse to sell, lease, finance or otherwise to deny or
25 withhold any housing accommodation or commercial property from
26 any person because of the race, color, familial status, age,
27 religious creed, ancestry, sex, national origin or handicap or
28 disability of any person, prospective owner, occupant or user of
29 such housing accommodation or commercial property, or to refuse
30 to lease any housing accommodation or commercial property to any
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1 person due to use of a guide animal because of the blindness or
2 deafness of the user, [or] use of a support animal because of a
3 physical handicap of the user or because the user is a handler
4 or trainer of support or guide animals or because of the
5 handicap or disability of an individual with whom the person is
6 known to have a relationship or association.
7 (1.1) Evict or attempt to evict an occupant of any housing
8 accommodation before the end of the term of a lease because of
9 pregnancy or the birth of a child.
10 (2) Refuse to lend money, whether or not secured by mortgage
11 or otherwise for the acquisition, construction, rehabilitation,
12 repair or maintenance of any housing accommodation or commercial
13 property or otherwise withhold financing of any housing
14 accommodation or commercial property from any person because of
15 the race, color, familial status, age, religious creed,
16 ancestry, sex, national origin, handicap or disability [or] of
17 any person, the use of a guide or support animal because of the
18 blindness, deafness or physical handicap of the user or because
19 the user is a handler or trainer of support or guide animals[,
20 of any present or prospective owner, occupant or user of such
21 housing accommodation or commercial property] or because of the
22 handicap or disability of an individual with whom the person is
23 known to have a relationship or association.
24 (3) Discriminate against any person in the terms or
25 conditions of selling or leasing any housing accommodation or
26 commercial property or in furnishing facilities, services or
27 privileges in connection with the ownership, occupancy or use of
28 any housing accommodation or commercial property because of the
29 race, color, familial status, age, religious creed, ancestry,
30 sex, national origin, handicap or disability [or] of any person,
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1 the use of a guide or support animal because of the blindness,
2 deafness or physical handicap of the user or because the user is
3 a handler or trainer of support or guide animals[, of any
4 present or prospective owner, occupant or user of such housing
5 accommodation or commercial property.] or because of the
6 handicap or disability of an individual with whom the person is
7 known to have a relationship or association.
8 (3.1) Refuse to permit, at the expense of a person with a
9 handicap, reasonable modifications of existing premises occupied
10 or to be occupied by such person if such modifications may be
11 necessary to afford such person full enjoyment of the premises,
12 except that, in the case of a rental, the landlord may, where it
13 is reasonable to do so, grant permission for a modification if
14 the renter agrees to restore the interior of the premises to the
15 condition that existed before the modification, with reasonable
16 wear and tear excepted.
17 (3.2) Refuse to make reasonable accommodations in rules,
18 policies, practices or services when such accommodations may be
19 necessary to afford such person equal opportunity to use and
20 enjoy a housing accommodation.
21 (4) Discriminate against any person in the terms or
22 conditions of any loan of money, whether or not secured by
23 mortgage or otherwise for the acquisition, construction,
24 rehabilitation, repair or maintenance of housing accommodation
25 or commercial property because of the race, color, familial
26 status, age, religious creed, ancestry, sex, national origin or
27 handicap or disability of any [present or prospective owner,
28 occupant or user of any housing accommodation or commercial
29 property] person, the use of a guide or support animal because
30 of the blindness, deafness or physical handicap of the user or
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1 because the user is a handler or trainer of guide or support
2 animals or because of the handicap or disability of an
3 individual with whom the person is known to have a relationship
4 or association.
5 (5) Print, publish or circulate any statement or
6 advertisement: (i) relating to the sale, lease or acquisition of
7 any housing accommodation or commercial property or the loan of
8 money, whether or not secured by mortgage, or otherwise for the
9 acquisition, construction, rehabilitation, repair or maintenance
10 of any housing accommodation or commercial property which
11 indicates any preference, limitation, specification, or
12 discrimination based upon race, color, familial status, age,
13 religious creed, ancestry, sex, national origin [or], handicap
14 or disability or because of the handicap or disability of an
15 individual with whom the person is known to have a relationship
16 or association, or (ii) relating to the [lease] sale, lease or
17 acquisition of any housing accommodation or commercial property
18 which indicates any preference, limitation, specification or
19 discrimination based upon use of a guide or support animal
20 because of the blindness, deafness or physical handicap of the
21 user or because the user is a handler or trainer of support or
22 guide animals.
23 (6) Make any inquiry, elicit any information, make or keep
24 any record or use any form of application, containing questions
25 or entries concerning race, color, familial status, age,
26 religious creed, ancestry, sex, national origin [or], handicap
27 or disability or because of the handicap or disability of an
28 individual with whom the person is known to have a relationship
29 or association in connection with the sale or lease of any
30 housing accommodation or commercial property or loan of any
19910H1827B2722 - 18 -
1 money, whether or not secured by mortgage or otherwise for the
2 acquisition, construction, rehabilitation, repair or maintenance
3 of any housing accommodation or commercial property, or to make
4 any inquiry, elicit any information, make or keep any record or
5 use any form of application, containing questions or entries
6 concerning the use of a guide or support animal because of the
7 blindness, deafness or physical handicap of the user or because
8 the user is a handler or trainer of support or guide animals, in
9 connection with the lease of any housing accommodation or
10 commercial property.
11 (7) Construct, operate, offer for sale, lease or rent, or
12 otherwise make available housing or commercial property which is
13 not accessible.
14 (8) Discriminate in real estate-related transactions, as
15 described by and subject to the following:
16 (i) It shall be unlawful for any person or other entity
17 whose business includes engaging in real estate-related
18 transactions to discriminate against any person in making
19 available such a transaction, or in the terms of conditions of
20 such a transaction, because of race, color, religious creed,
21 ancestry, national origin, sex, age, handicap or disability, use
22 of a guide or support animal because of a physical handicap or
23 because the user is a handler or trainer of guide or support
24 animals, or familial status.
25 (ii) Nothing in this act prohibits a person engaged in the
26 business of furnishing appraisals of real property to take into
27 consideration factors other than race, color, religious creed,
28 ancestry, national origin, sex, age, handicap or disability, use
29 of a guide or support animal because of a physical handicap or
30 because the user is a handler or trainer of guide or support
19910H1827B2722 - 19 -
1 animals, or familial status.
2 (9) Nothing in this clause (h) of this section, regarding
3 age or familial status, shall apply with respect to housing for
4 older persons.
5 (10) Nothing in this clause (h) of this section shall bar
6 any religious or denominational institution or organization or
7 any charitable or educational organization, which is operated,
8 supervised or controlled by or in connection with a religious
9 organization or any bona fide private or fraternal organization
10 from giving preference to persons of the same religion or
11 denomination or to members of such private or fraternal
12 organization or from making such selection as is calculated by
13 such organization to promote the religious principles or the
14 aims, purposes of fraternal principles for which it is
15 established or maintained. Nor shall it apply to the rental of
16 rooms in a landlord occupied rooming house with a common
17 entrance, nor with respect to discrimination based on sex, the
18 rental or leasing of housing accommodations in a single-sex
19 dormitory.
20 (i) For any person being the owner, lessee, proprietor,
21 manager, superintendent, agent or employe of any [place of]
22 public accommodation, resort or amusement to:
23 (1) Refuse, withhold from, or deny to any person because of
24 his race, color, sex, religious creed, ancestry, national origin
25 or handicap or disability, or to any person due to use of a
26 guide or support animal because of the blindness, deafness or
27 physical handicap of the user or because the user is a handler
28 or trainer of support or guide animals, either directly or
29 indirectly, any of the accommodations, advantages, facilities or
30 privileges of such [place of] public accommodation, resort or
19910H1827B2722 - 20 -
1 amusement.
2 (2) Publish, circulate, issue, display, post or mail, either
3 directly or indirectly, any written or printed communication,
4 notice or advertisement to the effect that any of the
5 accommodations, advantages, facilities and privileges of any
6 such place shall be refused, withheld from or denied to any
7 person on account of race, color, religious creed, sex,
8 ancestry, national origin or handicap or disability, or to any
9 person due to use of a guide or support animal because of the
10 blindness, deafness or physical handicap of the user, or because
11 the user is a handler or trainer of support or guide animals, or
12 that the patronage or custom thereat of any person, belonging to
13 or purporting to be of any particular race, color, religious
14 creed, sex, ancestry, national origin or handicap or disability,
15 or to any person due to use of a guide or support animal because
16 of the blindness, deafness or physical handicap of the user or
17 because the user is a handler or trainer of support or guide
18 animals, is unwelcome, objectionable or not acceptable, desired
19 or solicited.
20 (3) Exclude or otherwise deny equal goods, services,
21 facilities, privileges, advantages, accommodations or other
22 opportunities to a person because of the handicap or disability
23 of an individual with whom the person is known to have a
24 relationship or association.
25 (4) Construct, operate or otherwise make available such
26 place of public accommodation, resort or amusement which is not
27 accessible.
28 [Nothing in clause (h) of this section shall bar any
29 religious or denominational institution or organization or any
30 charitable or educational organization, which is operated,
19910H1827B2722 - 21 -
1 supervised or controlled by or in connection with a religious
2 organization or any bona fide private or fraternal organization
3 from giving preference to persons of the same religion or
4 denomination or to members of such private or fraternal
5 organization or from making such selection as is calculated by
6 such organization to promote the religious principles or the
7 aims, purposes or fraternal principles for which it is
8 established or maintained. Nor shall it apply to the rental of
9 rooms or apartments in a landlord occupied rooming house with a
10 common entrance.]
11 (j) For any person subject to the act to fail to post and
12 exhibit prominently in his place of business any fair practices
13 notice prepared and distributed by the Pennsylvania Human
14 Relations Commission.
15 (k) For any employer to discriminate against an employe or a
16 prospective employe because the employe only has a [general
17 education development certificate] diploma based on passing a
18 general educational development test as compared to a high
19 school diploma. However, should vocational technical training or
20 other special training be required with regard to a specific
21 position, then such training or special training may be
22 considered by the employer.
23 (l) To exclude or otherwise deny equal jobs or benefits to a
24 person because of the handicap or disability of an individual
25 with whom the person is known to have a relationship or
26 association.
27 This section of the act shall not be construed to prohibit
28 the refusal to hire or the dismissal of a person who is not able
29 to function properly in the job applied for or engaged in.
30 Section 5.3. Prohibition of Certain Real Estate Practices.--
19910H1827B2722 - 22 -
1 It shall be an unlawful discriminatory practice for any person
2 to:
3 (a) Induce, solicit or attempt to induce or solicit for
4 commercial profit any listing, sale or transaction involving any
5 housing accommodation or commercial property by representing
6 that such housing accommodation or commercial property is within
7 any neighborhood, community or area adjacent to any other area
8 in which there reside, or do not reside, persons of a particular
9 race, color, familial status, age, religious creed, ancestry,
10 sex, national origin, handicap or disability, or who are guide
11 or support animal dependent.
12 (b) Discourage, or attempt to discourage, for commercial
13 profit, the purchase or lease of any housing accommodation or
14 commercial property by representing that such housing
15 accommodation or commercial property is within any neighborhood,
16 community or area adjacent to any other area in which there
17 reside, or may in the future reside in increased or decreased
18 numbers, persons of a particular race, color, familial status,
19 age, religious creed, ancestry, sex, national origin, handicap
20 or disability, or who are guide or support animal dependent.
21 (c) Misrepresent, create or distort a circumstance,
22 condition or incident for the purpose of fostering the
23 impression or belief, on the part of any owner, occupant or
24 prospective owner or occupant of any housing accommodation or
25 commercial property, that such housing accommodation or
26 commercial property is within any neighborhood, community or
27 area adjacent to any other area which would be adversely
28 impacted by the residence, or future increased or decreased
29 residence, of persons of a particular race, color, familial
30 status, age, religious creed, ancestry, sex, national origin,
19910H1827B2722 - 23 -
1 handicap or disability, or who are guide or support animal
2 dependent within such neighborhood, community or area.
3 (d) In any way misrepresent or otherwise misadvertise within
4 a neighborhood or community, whether or not in writing, that any
5 housing accommodation or commercial property within such
6 neighborhood or community is available for inspection, sale,
7 lease, sublease or other transfer, in any context where such
8 misrepresentation or misadvertising would have the effect of
9 fostering an impression or belief that there has been or will be
10 an increase in real estate activity within such neighborhood or
11 community due to the residence, or anticipated increased or
12 decreased residence, of persons of a particular race, color,
13 familial status, age, religious creed, ancestry, sex, national
14 origin, handicap or disability, or the use of a guide or support
15 animal because of the blindness, deafness or physical handicap
16 of the user.
17 Section 6. Pennsylvania Human Relations Commission.--(a)
18 There shall be, and there is hereby established in the
19 Governor's Office a non-partisan, departmental administrative
20 commission for the administration of this act, which shall be
21 known as the "Pennsylvania Human Relations Commission," and
22 which is hereinafter referred to as the "Commission."
23 (b) Said Commission shall consist of eleven members, to be
24 known as Commissioners, who shall be appointed by the Governor
25 by and with the advice and consent of a majority of the members
26 of the Senate, not more than six of such Commissioners to be
27 from the same political party, and each of whom shall hold
28 office for a term of five years or until his successor shall
29 have been duly appointed and qualified. Vacancies occurring in
30 an office of a member of the Commission by expiration of term,
19910H1827B2722 - 24 -
1 death, resignation, removal or for any other reason shall be
2 filled in the manner aforesaid for the balance of that term.
3 Commission members failing to attend meetings for three
4 consecutive months shall forfeit their seats unless the
5 chairperson of the commission receives written notification from
6 the member involved that the absence was due to personal illness
7 or the death or illness of an immediate family member.
8 (c) Subject to the provisions of this act, the Commission
9 shall have all the powers and shall perform the duties generally
10 vested in and imposed upon departmental administrative boards
11 and commissions by the act, approved the ninth day of April, one
12 thousand nine hundred twenty-nine (Pamphlet Laws 177), known as
13 "The Administrative Code of one thousand nine hundred twenty-
14 nine," and its amendments, and shall be subject to all the
15 provisions of such code which apply generally to departmental
16 administrative boards and commissions.
17 (d) The Governor shall designate one of the members of the
18 Commission to be its [chairman] chairperson who shall preside at
19 all meetings of the Commission and perform all the duties and
20 functions of the [chairman] chairperson thereof. The Commission
21 may designate one of its members to act as [chairman]
22 chairperson during the absence or incapacity of the [chairman]
23 chairperson and, when so acting, the member so designated shall
24 have and perform all the powers and duties of the [chairman]
25 chairperson of the Commission.
26 (e) Six members of the Commission or a majority of those
27 duly appointed and qualified shall constitute a quorum for
28 transacting business, and a majority vote of those present at
29 any meeting shall be sufficient for any official action taken by
30 the Commission.
19910H1827B2722 - 25 -
1 (f) Each member of the Commission shall receive per diem
2 compensation at the rate of sixty dollars ($60) per day for the
3 time actually devoted to the business of the Commission. Members
4 shall also receive the amount of reasonable traveling, hotel and
5 other necessary expenses incurred in the performance of their
6 duties in accordance with Commonwealth regulations.
7 (g) The Commission shall adopt an official seal by which its
8 acts and proceedings shall be authenticated, and of which the
9 courts shall take judicial notice. The certificate of the
10 [chairman] chairperson of the Commission, under the seal of the
11 Commission and attested by the secretary, shall be accepted in
12 evidence in any judicial proceeding in any court of this
13 Commonwealth as adequate and sufficient proof of the acts and
14 proceedings of the Commission therein certified to.
15 Section 5. Section 7 of the act, amended February 28, 1961
16 (P.L.47, No.19), December 27, 1965 (P.L.1224, No.497), October
17 11, 1967 (P.L.426, No.191), December 9, 1982 (P.L.1053, No.247)
18 and December 16, 1986 (P.L.1626, No.186) and repealed in part
19 April 28, 1978 (P.L.202, No.53), is amended to read:
20 Section 7. Powers and Duties of the Commission.--The
21 Commission shall have the following powers and duties:
22 (a) To establish and maintain a central office in the City
23 of Harrisburg.
24 (b) To meet and function at any place within the
25 Commonwealth.
26 (c) To appoint such attorneys and permanent hearing
27 examiners and other employes and agents as it may deem
28 necessary, fix their compensation within the limitations
29 provided by law, and prescribe their duties. Permanent hearing
30 examiners shall perform no duties inconsistent with their duties
19910H1827B2722 - 26 -
1 and responsibilities as permanent hearing examiners.
2 (c.1) To conduct mandatory training seminars on the
3 Pennsylvania Human Relations Act and other applicable Federal
4 and State law, procedures and rules for all investigative
5 personnel.
6 (c.2) To afford complainants and respondents the opportunity
7 for comments after the final disposition of a complaint. These
8 comments shall be provided to the Commission members.
9 (c.3) To appoint attorneys to perform the following
10 functions: (1) render legal advice to Commission members on
11 matters appearing before it; or (2) give legal assistance to
12 complainants appearing before the Commission or hearing
13 examiners. These responsibilities shall require a separate staff
14 of attorneys to perform each function.
15 (d) To adopt, promulgate, amend and rescind rules and
16 regulations to effectuate the policies and provisions of this
17 act.
18 (e) To formulate policies to effectuate the purposes of this
19 act, and make recommendations to agencies and officers of the
20 Commonwealth or political subdivisions of government or board,
21 department, commission or school district thereof, to effectuate
22 such policies.
23 (f) To initiate, receive, investigate and pass upon
24 complaints charging unlawful discriminatory practices.
25 (f.1) To investigate where no complaint has been filed but
26 with the consent of at least eight of the members of the
27 Commission any problem of racial discrimination with the intent
28 of avoiding and preventing the development of racial tension.
29 (f.2) On request of the Governor, to investigate claims of
30 excessive use of force by police in civil rights protest
19910H1827B2722 - 27 -
1 activities.
2 (g) (1) To hold hearings, subpoena witnesses, compel their
3 attendance, administer oaths, take testimony of any person under
4 oath or affirmation and, in connection therewith, to require the
5 production for examination of any books and papers relating to
6 any matter under investigation where a complaint has been
7 properly filed before the Commission. The Commission may make
8 rules as to the issuance of subpoenas by individual
9 Commissioners. In case of contumacy or refusal to obey a
10 subpoena issued to any person any court of jurisdiction, upon
11 application by the Commission, may issue to such person an order
12 requiring such person to appear before the Commission, there to
13 produce documentary evidence, if so ordered, or there to give
14 evidence touching the matter in question, and any failure to
15 obey such order of the court may be punished by said court as a
16 contempt thereof.
17 (2) No person shall be excused from attending and
18 testifying, or from producing records, correspondence, documents
19 or other evidence in obedience to the subpoena of the Commission
20 or of any individual Commissioner, on the ground that the
21 testimony or evidence required of him may tend to incriminate
22 him or subject him to a penalty or forfeiture, but no person
23 shall be prosecuted or subjected to any penalty or forfeiture
24 for or on account of any transaction, matter or thing concerning
25 which he is compelled, after having claimed his privilege
26 against self-incrimination, to testify or produce evidence,
27 except that such person so testifying shall not be exempt from
28 prosecution and punishment for perjury committed in so
29 testifying. The immunity herein provided shall extend only to
30 natural persons so compelled to testify.
19910H1827B2722 - 28 -
1 (h) To inspect upon request such records of the Commonwealth
2 or any political subdivision, board, department, commission or
3 school district thereof as it may deem necessary or advisable to
4 carry into effect the provisions of this act.
5 (i) To create such advisory agencies and conciliation
6 councils, local or state-wide, as will aid in effectuating the
7 purposes of this act. The Commission may itself or it may
8 empower these agencies and councils to (1) study the problems of
9 discrimination in all or specific fields of human relationships
10 when based on race, color, familial status, religious creed,
11 ancestry, age, sex, national origin or handicap or disability,
12 and (2) foster, through community effort or otherwise, good will
13 among the groups and elements of the population of the State.
14 Such agencies and councils may make recommendations to the
15 Commission for the development of policies and procedure in
16 general. Advisory agencies and conciliation councils created by
17 the Commission shall be composed of representative citizens,
18 serving without pay, but the Commission may make provision for
19 technical and clerical assistance to such agencies and councils,
20 and for the payment of the expenses of such assistance.
21 (j) To issue such publications and such results of
22 investigations and research as, in its judgment, will tend to
23 promote good will and minimize or eliminate discrimination
24 because of race, color, familial status, religious creed,
25 ancestry, age, sex, national origin or handicap or disability.
26 (k) [From time to time but not less than once a year, to
27 report to the General Assembly and the Governor describing in
28 detail the investigations, proceedings and hearings it has
29 conducted and their outcome, the decisions it has rendered and
30 the other work performed by it, and make recommendations for
19910H1827B2722 - 29 -
1 such further legislation concerning abuses and discrimination
2 because of race, color, religious creed, ancestry, age, sex,
3 national origin or handicap or disability as may be desirable.]
4 To submit an annual report for each fiscal year by the following
5 March 31 to the General Assembly, the Labor and Industry
6 Committee of the Senate and the State Government Committee of
7 the House of Representatives and the Governor describing in
8 detail the types of complaints received, the investigations,
9 status of cases, Commission action which has been taken, how
10 many were found to have probable cause, how many were resolved
11 by public hearing and the length of time from the initial
12 complaint to final Commission resolution. It shall also contain
13 recommendations for such further legislation concerning abuses
14 and discrimination because of race, color, familial status,
15 religious creed, ancestry, national origin, age, sex, handicap
16 or disability, or the use of a guide or support animal because
17 of the blindness, deafness or physical handicap of the user or
18 because the user is a handler or trainer of support or guide
19 animals, as may be desirable.
20 (l) To prepare and distribute fair practices notices.
21 [(m) To submit annually a report to the Labor and Industry
22 Committee of the Senate and the State Government Committee of
23 the House, with a description of the types of complaints
24 received, status of cases, Commission action which has been
25 taken, how many were found to have probable cause, how many were
26 resolved by public hearing and the length of time from the
27 initial complaint to final Commission resolution.]
28 (n) To notify local human relations commissions of
29 complaints received by the Pennsylvania Human Relations
30 Commission involving persons within a commission's jurisdiction.
19910H1827B2722 - 30 -
1 The Pennsylvania Human Relations Commission may enter into work-
2 sharing agreements with those local commissions having
3 comparable jurisdiction and enforcement authority.
4 (o) To prepare and publish all findings of fact, conclusions
5 of the law, final decisions and orders made after a public
6 hearing by the hearing examiners, Commission panel or full
7 Commission.
8 (p) To give public access to the commission's compliance
9 manual.
10 (q) To preserve opinions rendered by the Commission for five
11 years from the date of publication.
12 Section 6. Section 8 of the act, amended December 16, 1986
13 (P.L.1626, No.186), is amended to read:
14 Section 8. Educational Program.--
15 The Commission, in cooperation with the Department of
16 Education, is authorized to prepare a comprehensive educational
17 program, designed for the students of the schools in this
18 Commonwealth and for all other residents thereof, in order to
19 eliminate prejudice against and to further good will among all
20 persons, without regard to race, color, familial status,
21 religious creed, ancestry, age, sex, national origin, handicap
22 or disability.
23 Section 7. Section 9 of the act, amended December 9, 1982
24 (P.L.1053, No.247) and December 16, 1986 (P.L.1626, No.186), is
25 amended to read:
26 Section 9. Procedure.--(a) Any person claiming to be
27 aggrieved by an alleged unlawful discriminatory practice may
28 make, sign and file with the Commission a verified complaint, in
29 writing, which shall state the name and address of the person,
30 employer, labor organization or employment agency alleged to
19910H1827B2722 - 31 -
1 have committed the unlawful discriminatory practice complained
2 of, and which shall set forth the particulars thereof and
3 contain such other information as may be required by the
4 Commission. Commission representatives shall not modify the
5 substance of the complaint. The Commission upon its own
6 initiative or the Attorney General may, in like manner, make,
7 sign and file such complaint. Any employer whose employes, or
8 some of them, hinder or threaten to hinder compliance with the
9 provisions of this act may file with the Commission a verified
10 complaint, asking for assistance by conciliation or other
11 remedial action and, during such period of conciliation or other
12 remedial action, no hearings, orders or other actions shall be
13 taken by the Commission against such employer.
14 (b) (1) After the filing of any complaint, or whenever
15 there is reason to believe that an unlawful discriminatory
16 practice has been committed, the Commission shall make a prompt
17 investigation in connection therewith.
18 (2) The Commission shall send a copy of the complaint to the
19 named respondent within thirty days from the date of docketing
20 the complaint, unless otherwise required by the Fair Housing
21 Act.
22 (3) A respondent shall file a written, verified answer to
23 the complaint within thirty days of service of the complaint,
24 unless otherwise required by the Fair Housing Act. The
25 Commission, upon request of the respondent, may grant an
26 extension of not more than thirty additional days, unless
27 otherwise required by the Fair Housing Act.
28 (4) After service of the complaint, the Commission shall
29 encourage voluntary and informed predetermination settlements
30 between parties.
19910H1827B2722 - 32 -
1 (c) If it shall be determined after such investigation that
2 no probable cause exists for crediting the allegations of the
3 complaint, the Commission shall, within ten days from such
4 determination, cause to be issued and served upon the
5 complainant written notice of such determination, and the said
6 complainant or his attorney may, within ten days after such
7 service, file with the Commission a written request for a
8 preliminary hearing before the Commission to determine probable
9 cause for crediting the allegations of the complaint. If it
10 shall be determined after such investigation that probable cause
11 exists for crediting the allegations of the complaint, the
12 Commission shall immediately endeavor to eliminate the unlawful
13 discriminatory practice complained of by conference,
14 conciliation and persuasion. The members of the Commission and
15 its staff shall not disclose what has transpired in the course
16 of such endeavors: Provided, That the Commission may publish the
17 facts in the case of any complaint which has been dismissed, and
18 the terms of conciliation when the complaint has been adjusted,
19 without disclosing, except as required by the Fair Housing Act,
20 the identity of the parties involved.
21 (d) In case of failure so to eliminate such practice or in
22 advance thereof, if in the judgment of the Commission
23 circumstances so warrant, the Commission shall cause to be
24 issued and served a written notice, together with a copy of such
25 complaint as the same may have been amended, requiring the
26 person, employer, labor organization or employment agency named
27 in such complaint, hereinafter referred to as respondent, to
28 answer the charges of such complaint at a hearing before the
29 Commission at a time and place to be specified in such notice.
30 The place of any such hearing shall be in the county in which
19910H1827B2722 - 33 -
1 the alleged offense was committed.
2 (d.1) When notice of hearing is given as set forth in
3 subsection (d) and an election procedure is required by the Fair
4 Housing Act, either party may elect to have the claim asserted
5 in the complaint decided in a civil action brought under the
6 original jurisdiction of Commonwealth Court. The written notice
7 of the Commission shall be sent to all parties and will inform
8 them of their right to take civil action. An election must be
9 made within twenty days after receipt of the notice of hearing.
10 A party making this election shall notify the Commission and all
11 other parties. If an election for civil action is made by either
12 party, the Commission shall, within thirty days from the date of
13 election, commence and maintain a civil action on behalf of the
14 complainant. Provided, however, That whenever the Attorney
15 General signs and files the complaint pursuant to subsection
16 (a), the Attorney General shall, within thirty days from the
17 date of election, commence and maintain a civil action on behalf
18 of the complainant. In those cases commenced by the Attorney
19 General, the Commission shall have the right to intervene. In
20 any action brought under this subsection:
21 (1) All filing fees shall be waived for the Commission and
22 all parties, including the action brought under Commonwealth
23 Court's original jurisdiction and any appeal arising out of such
24 action.
25 (2) If, after a trial, Commonwealth Court finds that a
26 respondent engaged in or is engaging in any unlawful
27 discriminatory practice as defined in this act, the court may
28 award attorney fees and costs to the complainant on whose behalf
29 the action was commenced.
30 (3) If, after a trial, Commonwealth Court finds that a
19910H1827B2722 - 34 -
1 respondent has not engaged in or is not engaging in any unlawful
2 discriminatory practice as defined in this act, the court may
3 award attorney fees and costs to the prevailing respondent if
4 the respondent proves that the complaint upon which the civil
5 action was based was brought in bad faith.
6 (e) The case in support of the complaint shall be presented
7 before the Commission or before a permanent hearing examiner
8 designated by the Commission for the purpose of hearing said
9 complaint by one of its attorneys or agents, by the
10 complainant's attorney or by a designated agent of the
11 complainant. The respondent may [file a written, verified answer
12 to the complaint and] appear at such hearing in person or
13 otherwise, with or without counsel, and submit testimony. The
14 complainant may likewise appear at such hearing in person or
15 otherwise, with or without counsel, and submit testimony. The
16 Commission or the complainant shall have the power reasonably
17 and fairly to amend any complaint, and the respondent shall have
18 like power to amend his answer. The Commission shall not be
19 bound by the strict rules of evidence prevailing in courts of
20 law or equity. The testimony taken at the hearing shall be under
21 oath and be transcribed.
22 (f) (1) If, upon all the evidence at the hearing, the
23 Commission shall find that a respondent has engaged in or is
24 engaging in any unlawful discriminatory practice as defined in
25 this act, the Commission shall state its findings of fact, and
26 shall issue and cause to be served on such respondent an order
27 requiring such respondent to cease and desist from such unlawful
28 discriminatory practice and to take such affirmative action,
29 including, but not limited to, reimbursement of certifiable
30 travel expenses in matters involving the complaint, [not to
19910H1827B2722 - 35 -
1 exceed fifty dollars ($50),] compensation for loss of work in
2 matters involving the complaint, [not to exceed two hundred
3 dollars ($200),] hiring, reinstatement or upgrading of employes,
4 with or without back pay, admission or restoration to membership
5 in any respondent labor organization, the making of reasonable
6 accommodations, or selling or leasing specified housing
7 accommodations or commercial property upon such equal terms and
8 conditions and with such equal facilities, services and
9 privileges or lending money, whether or not secured by mortgage
10 or otherwise for the acquisition, construction, rehabilitation,
11 repair or maintenance of housing accommodations or commercial
12 property, upon such equal terms and conditions to any person
13 discriminated against or all persons, and all other items or <--
14 amounts of actual damages, ANY OTHER VERIFIABLE, REASONABLE OUT- <--
15 OF-POCKET EXPENSES CAUSED BY SUCH UNLAWFUL DISCRIMINATORY
16 PRACTICE, PROVIDED THAT IN THOSE CASES ALLEGING A VIOLATION OF
17 SECTION 5(D), (E) OR (H) OR 5.3, WHERE THE UNDERLYING COMPLAINT
18 IS A VIOLATION OF SECTION 5(H) OR 5.3, THE COMMISSION MAY AWARD
19 ACTUAL DAMAGES INCLUDING DAMAGES CAUSED BY HUMILIATION AND
20 EMBARRASSMENT as, in the judgment of the Commission, will
21 effectuate the purposes of this act, and including a requirement
22 for report of the manner of compliance.
23 (2) Such order may also assess a civil penalty against the
24 respondent in a complaint of discrimination filed under sections
25 5(h) or 5.3 of this act:
26 (i) in an amount not exceeding ten thousand dollars
27 ($10,000) if the respondent has not been adjudged to have
28 committed any prior discriminatory practice;
29 (ii) in an amount not exceeding twenty-five thousand dollars
30 ($25,000) if the respondent has been adjudged to have committed
19910H1827B2722 - 36 -
1 one other discriminatory practice during the five-year period
2 ending on the date of this order; or
3 (iii) in an amount not exceeding fifty thousand dollars
4 ($50,000) if the respondent has been adjudged to have committed
5 more than one other discriminatory practice during the seven-
6 year period ending on the date of this order.
7 If however, the acts constituting the discriminatory practice
8 that is the object of the charge are committed by the same
9 natural person who has been previously adjudged to have
10 committed acts constituting a discriminatory practice, then the
11 civil penalties set forth in subparagraphs (ii) and (iii) may be
12 imposed without regard to the period of time within which any
13 subsequent discriminatory practice occurred.
14 (3) When the respondent is a licensee of the Commonwealth,
15 the Commission shall inform the appropriate State licensing
16 authority of the order with the request that the licensing
17 authority take such action as it deems appropriate against such
18 licensee. An appeal from the Commission's order shall act as a
19 supersedeas and stay such action by the State licensing
20 authority until a final decision on said appeal.
21 (4) If, upon all the evidence, the Commission shall find
22 that a respondent has not engaged in any such unlawful
23 discriminatory practice, the Commission shall state its findings
24 of fact, and shall issue and cause to be served on the
25 complainant an order dismissing the said complaint as to such
26 respondent.
27 (f.1) If, upon all the evidence at the hearing, the <--
28 Commission shall find that a respondent has engaged in or is
29 engaging in any unlawful discriminatory practice as defined in
30 this act, the Commission may award attorney fees and costs to
19910H1827B2722 - 37 -
1 prevailing complainants.
2 (f.2) If, upon all the evidence at the hearing, the
3 Commission shall find that a respondent has not engaged in or is
4 not engaging in any unlawful discriminatory practice as defined
5 in this act, the Commission may award attorney fees and costs to
6 a prevailing respondent if the respondent proves that the
7 complaint was brought in bad faith.
8 (F.1) IF, UPON ALL THE EVIDENCE AT THE HEARING, IN THOSE <--
9 CASES ALLEGING A VIOLATION OF SECTION 5(D), (E), (H) OR 5.3,
10 WHERE THE UNDERLYING COMPLAINT IS A VIOLATION OF SECTION 5(H) OR
11 5.3, THE COMMISSION FINDS THAT A RESPONDENT HAS ENGAGED IN OR IS
12 ENGAGING IN ANY UNLAWFUL DISCRIMINATORY PRACTICE AS DEFINED IN
13 THIS ACT, THE COMMISSION MAY AWARD ATTORNEY FEES AND COSTS TO
14 PREVAILING COMPLAINANTS.
15 (F.2) IF, UPON ALL THE EVIDENCE AT THE HEARING, IN THOSE
16 CASES ALLEGING A VIOLATION OF SECTION 5(D), (E), (H) OR 5.3,
17 WHERE THE UNDERLYING COMPLAINT IS A VIOLATION OF SECTION 5(H) OR
18 5.3, THE COMMISSION FINDS THAT A RESPONDENT HAS NOT ENGAGED IN
19 OR IS NOT ENGAGING IN ANY UNLAWFUL DISCRIMINATORY PRACTICE AS
20 DEFINED IN THIS ACT, THE COMMISSION MAY AWARD ATTORNEY FEES AND
21 COSTS TO A PREVAILING RESPONDENT IF THE RESPONDENT PROVES THAT
22 THE COMPLAINT WAS BROUGHT IN BAD FAITH.
23 (g) The Commission shall establish rules [or] of practice to
24 govern, expedite and effectuate the foregoing procedure and its
25 own actions thereunder. Three or more members of the Commission
26 or a permanent hearing examiner designated by the Commission
27 shall constitute the Commission for any hearing required to be
28 held by the Commission under this act. The recommended findings,
29 conclusions and order made by said members or permanent hearing
30 examiner shall be reviewed and approved or reversed by the
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1 Commission before such order may be served upon the parties to
2 the complaint. The recommended findings, conclusions and order
3 made by said members or permanent hearing examiner shall become
4 a part of the permanent record of the proceeding and shall
5 accompany any order served upon the parties to the complaint.
6 (h) Any complaint filed pursuant to this section must be so
7 filed within one hundred eighty days after the alleged act of
8 discrimination, unless otherwise required by the Fair Housing
9 Act.
10 (i) Any complaint may be withdrawn at any time by the party
11 filing the complaint.
12 Section 8. Section 9.1 of the act is repealed.
13 Section 9. The act is amended by adding a section to read:
14 Section 9.2. Injunctions.--If the Commission concludes, at
15 any time following the filing of a complaint under this act,
16 that prompt judicial action is necessary to prevent immediate
17 and irreparable harm, the Commission may commence an action in
18 Commonwealth Court or the appropriate court of common pleas, and
19 that court may grant an appropriate preliminary or special
20 injunction pending final disposition of the complaint. Any such
21 order or relief shall be granted in accordance with Rule 1531 of
22 the Pennsylvania Rules of Civil Procedure.
23 Section 10. Section 12 of the act, amended December 19, 1974
24 (P.L.966, No.318) and December 16, 1986 (P.L.1626, No.186), is
25 amended to read:
26 Section 12. Construction and Exclusiveness of Remedy.--
27 (a) The provisions of this act shall be construed liberally
28 for the accomplishment of the purposes thereof, and any law
29 inconsistent with any provisions hereof shall not apply.
30 (b) Except as provided in subsection (c), nothing contained
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1 in this act shall be deemed to repeal or supersede any of the
2 provisions of any existing or hereafter adopted municipal
3 ordinance, municipal charter or of any law of this Commonwealth
4 relating to discrimination because of race, color, familial
5 status, religious creed, ancestry, age, sex, national origin or
6 handicap or disability, but as to acts declared unlawful by
7 section five of this act the procedure herein provided shall,
8 when invoked, be exclusive and the final determination therein
9 shall exclude any other action, civil or criminal, based on the
10 same grievance of the complainant concerned. If the complainant
11 institutes any action based on such grievance without resorting
12 to the procedure provided in this act, such complainant may not
13 subsequently resort to the procedure herein. In the event of a
14 conflict between the interpretation of a provision of this act
15 and the interpretation of a similar provision contained in any
16 municipal ordinance, the interpretation of the provision in this
17 act shall apply to such municipal ordinance.
18 (c) (1) In cases involving a claim of discrimination, if a
19 complainant invokes the procedures set forth in this act, that
20 individual's right of action in the courts of the Commonwealth
21 shall not be foreclosed. If within one (1) year after the filing
22 of a complaint with the Commission, the Commission dismisses the
23 complaint or has not entered into a conciliation agreement to
24 which the complainant is a party, the Commission must so notify
25 the complainant. On receipt of such a notice the complainant
26 shall be able to bring an action in the courts of common pleas
27 of the Commonwealth based on the right to freedom from
28 discrimination granted by this act.
29 (2) An action under this subsection shall be filed within
30 two years after the date of notice from the Commission closing
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1 the complaint. Any complaint so filed shall be served on the
2 Commission at the time the complaint is filed in court. The
3 Commission shall notify the complainant of this requirement.
4 (3) If the court finds that the respondent has engaged in or
5 is engaging in an unlawful discriminatory practice charged in
6 the complaint, the court shall enjoin the respondent from
7 engaging in such unlawful discriminatory practice and order
8 affirmative action which may include, but is not limited to,
9 reinstatement or hiring of employes, granting of back pay, or
10 any other legal or equitable relief as the court deems
11 appropriate. Back pay liability shall not accrue from a date
12 more than three years prior to the filing of a complaint
13 charging violations of this act.
14 (4) The court shall serve upon the Commission any final
15 order issued in any action brought under this subsection.
16 (c.1) Notwithstanding subsections (a) and (c) or any other
17 provision of this act, nothing in this act shall be deemed to
18 authorize imposition by the Commission of remedial quota relief
19 in cases involving hiring or promoting of employes of the
20 Commonwealth, its agencies or instrumentalities or employes of
21 local governments and school districts in this Commonwealth.
22 This subsection shall not, however, prohibit the voluntary
23 adoption of an affirmative action plan designed to assure that
24 all persons are accorded equality of opportunity in employment.
25 (c.2) If, after a trial held pursuant to subsection (c), the
26 court of common pleas finds that a defendant engaged in or is
27 engaging in any unlawful discriminatory practice as defined in
28 this act, the court may award attorney fees and costs to the
29 prevailing plaintiff.
30 (c.3) If, after a trial held pursuant to subsection (c), the
19910H1827B2722 - 41 -
1 court of common pleas finds that a defendant has not engaged in
2 or is not engaging in any unlawful discriminatory practice as
3 defined in this act, the court may award attorney fees and costs
4 to the prevailing defendant if the defendant proves that the
5 complaint was brought in bad faith.
6 (d) Nothing in this act shall be construed to require any
7 employer to hire any person with a job-related handicap or
8 disability.
9 (e) The time limits for filing under any complaint or other
10 pleading under this act shall be subject to waiver, estoppel and
11 equitable tolling.
12 (f) Nothing in this act shall be constructed as superseding
13 any provision of the act of October 15, 1980 (P.L.950, No.164),
14 known as the "Commonwealth Attorneys Act." All court actions
15 commenced by or against the Commission shall be subject to the
16 provisions of that act.
17 Section 11. Section 12.2 of the act, amended December 19,
18 1974 (P.L.966, No.318), is amended to read:
19 Section 12.2. Cooperation of State Agencies.--The Bureau
20 [for the Visually and Physically Handicapped, the Bureau] of
21 Blindness and Visual Services, the Office of Vocational
22 Rehabilitation, the Office for the Deaf and Hearing Impaired,
23 and any other State agency which seeks to aid persons with
24 handicaps or disability shall assist employers, the Commission
25 and the courts of this Commonwealth in the implementation and
26 enforcement of this act by providing expertise in the area of
27 handicaps and disabilities.
28 Section 12. This act, with respect to the Pennsylvania Human
29 Relations Commission, constitutes the legislation required to
30 reestablish that agency under the act of December 22, 1981
19910H1827B2722 - 42 -
1 (P.L.508, No.142), known as the Sunset Act.
2 Section 13. The Pennsylvania Human Relations Commission
3 shall continue together with its statutory functions and duties
4 until December 31, 2001, when it shall terminate and go out of
5 existence unless reestablished or continued by the General
6 Assembly for an additional ten years. Evaluation and review,
7 termination, reestablishment and continuation of the agency
8 beyond December 31, 2001, and every tenth year thereafter, shall
9 be conducted pursuant to the act of December 22, 1981 (P.L.508,
10 No.142), known as the Sunset Act.
11 Section 14. The presently confirmed members of the existing
12 Pennsylvania Human Relations Commission, as of December 31,
13 1991, shall continue to serve as members until their present
14 terms of office expire and until their successors are appointed
15 and qualified.
16 Section 15. Each rule and regulation of the Pennsylvania
17 Human Relations Commission in effect on December 31, 1991, shall
18 remain in effect until repealed or amended by the Pennsylvania
19 Human Relations Commission.
20 Section 16. If enacted after December 31, 1991, this act
21 shall be retroactive to that date.
22 Section 17. This act shall take effect immediately.
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