PRINTER'S NO. 1294
No. 1177 Session of 1993
INTRODUCED BY ROEBUCK, COLAIZZO, KELLER, PRESTON, STURLA,
WILLIAMS AND TRICH, APRIL 19, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 19, 1993
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222),
2 entitled, as amended, "An act prohibiting certain practices
3 of discrimination because of race, color, religious creed,
4 ancestry, age or national origin by employers, employment
5 agencies, labor organizations and others as herein defined;
6 creating the Pennsylvania Human Relations Commission in the
7 Department of Labor and Industry; defining its functions,
8 powers and duties; providing for procedure and enforcement;
9 providing for formulation of an educational program to
10 prevent prejudice; providing for judicial review and
11 enforcement and imposing penalties," prohibiting
12 discrimination in any program or activity which receives
13 Commonwealth financial assistance; and making an
14 appropriation.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 2(b) of the act of October 27, 1955
18 (P.L.744, No.222), known as the Pennsylvania Human Relations
19 Act, amended December 20, 1991 (P.L.414, No.51), is amended to
20 read:
21 Section 2. Findings and Declaration of Policy.--
22 * * *
23 (b) It is hereby declared to be the public policy of this
1 Commonwealth to foster the employment of all individuals in
2 accordance with their fullest capacities regardless of their
3 race, color, religious creed, ancestry, age, sex, national
4 origin, handicap or disability, use of guide or support animals
5 because of the blindness, deafness or physical handicap of the
6 user or because the user is a handler or trainer of support or
7 guide animals, and to safeguard their right to obtain and hold
8 employment without such discrimination, to assure equal
9 opportunities to all individuals and to safeguard their rights
10 to public accommodation to participate equally in the programs
11 or activities of all recipients of Commonwealth financial
12 assistance and to secure housing accommodation and commercial
13 property regardless of race, color, familial status, religious
14 creed, ancestry, age, sex, national origin, handicap or
15 disability, use of guide or support animals because of blindness
16 or deafness of the user or because the user is a handler or
17 trainer of guide or support animals.
18 * * *
19 Section 2. The act is amended by adding a section to read:
20 Section 5.4. Unlawful Discrimination in Programs and
21 Activities Receiving Commonwealth Assistance.--
22 (a) No person within this Commonwealth shall, on the basis
23 of race, color, religious creed, ancestry, age, sex, national
24 origin or handicap or disability, be excluded from participation
25 in, be denied the benefits of or be subject to discrimination by
26 any recipient of Commonwealth financial assistance.
27 (b) No Commonwealth board, commission, department or agency
28 shall approve or continue Commonwealth financial assistance to
29 any recipient who is engaged in discriminatory practices under
30 clause (a) of this section.
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1 (c) The Commission shall have, in addition to all other
2 powers and duties granted to it under this act, the power and
3 duty to develop, monitor and enforce a program to ensure
4 compliance with the provisions of this section by all
5 Commonwealth boards, commissions, departments or agencies and by
6 all recipients of Commonwealth financial assistance.
7 (d) The Commission shall have, in addition to all other
8 powers and duties granted to it under this act, the power and
9 duty to develop such rules, regulations, guidelines and
10 directives as it deems necessary to effectuate the policies and
11 provisions of this act.
12 (e) In cooperation with the Commission, and as the
13 Commission may require, each Commonwealth board, commission,
14 department or agency shall monitor, through reports,
15 investigation or otherwise, the programs and activities of all
16 recipients to which the board, commission, department or agency
17 provides Commonwealth financial assistance, to ensure that all
18 recipients comply with the provisions of this section.
19 Recipients of Commonwealth financial assistance shall submit to
20 the Commission, or to the other approving board, commission,
21 department or agency, as the Commission may require, information
22 relating to the recipient's operations with regard to race,
23 color, religious creed, ancestry, age, sex, national origin or
24 handicap or disability.
25 (f) All political subdivisions and other instrumentalities
26 of State government shall cooperate with the Commission to
27 enforce the provisions of this act.
28 (g) All Commonwealth boards, commissions, departments or
29 agencies, and all recipients of Commonwealth financial
30 assistance, in accordance with the provisions and intent of the
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1 Constitution of Pennsylvania and the Commonwealth's laws against
2 discrimination, shall cooperate fully with the Commission and
3 duly comply with the provisions of this section and the
4 Commission's rules, regulations, guidelines, and directives for
5 effectuating the policies and provisions of this act.
6 (h) All recipients of, or applicants for, Commonwealth
7 financial assistance shall certify that the recipient or
8 applicant does not discriminate on any basis prohibited by this
9 act. The certification shall be in such form, and shall be
10 submitted at such time and in such manner as the Commission may
11 direct through rules, regulations, guidelines or directives. The
12 failure of any recipient or applicant to submit such a
13 certification shall result in the refusal to approve or continue
14 Commonwealth financial assistance to the recipient or applicant
15 until such time as a proper certification is submitted.
16 Submission of a certification shall not relieve any recipient or
17 applicant from any other requirement of nondiscrimination under
18 this act.
19 (i) Any person claiming to be aggrieved by an alleged
20 unlawful discriminatory practice under this section may make,
21 sign and file with the Commission a verified complaint alleging
22 a violation of this section and stating the name and address of
23 the recipient of Commonwealth financial assistance alleged to
24 have committed the violation. The Commission may, in the absence
25 of such a complaint having been filed, investigate and act upon
26 information of unlawful discriminatory practices under this
27 section.
28 (j) Any Commonwealth board, commission, department or agency
29 which receives any allegation of unlawful discrimination under
30 this section based on race, color, religious creed, ancestry,
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1 age, sex, national origin or handicap or disability shall
2 promptly inform the Commission in writing of the allegation and
3 take such other action as the Commission may require.
4 (k) After the filing of any complaint, or whenever the
5 Commission believes that a violation of this section may have
6 occurred, the Commission shall make a prompt investigation in
7 connection therewith. The Commission may, by way of rules,
8 regulations, guidelines or directives, delegate its duty to
9 investigate to any Commonwealth board, commission, department or
10 agency approving or continuing Commonwealth financial assistance
11 to the recipient under investigation. The Commission, or any
12 duly delegated Commonwealth board, commission, department or
13 agency, may fully utilize all of the powers granted to the
14 Commission under section 7(g) of this act, whenever an
15 investigation has been instituted under this section. Upon
16 completion of such investigation, the Commission shall make a
17 determination as to whether probable cause exists to believe
18 that a violation of this section has occurred. The Commission
19 shall cause a written notice of the determination to be issued
20 and served on the complainant and respondent, where the
21 investigation was instituted pursuant to a complaint under
22 clause (e) of this section, or on the recipient under
23 investigation, where no such complaint has been filed.
24 (l) Where the Commission determines that probable cause
25 exists to believe that a violation of this section has occurred,
26 or in the absence of such determination, where the Commission
27 determines it necessary or appropriate to ensure compliance with
28 the provisions of this section, the Commission may seek an
29 injunction in the Commonwealth Court or in an appropriate court
30 of common pleas. Said courts are hereby empowered to and shall
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1 issue injunctive relief on a prima facie showing by the
2 Commission of a violation of this section, and on a showing by a
3 preponderance of the evidence that an injunction is necessary or
4 appropriate to ensure compliance with the provisions of this
5 section. The court shall grant or deny the injunction without
6 delay. Any injunction issued shall be limited to a period of
7 ninety days, and shall prohibit the recipient of Commonwealth
8 financial assistance from utilizing such assistance during the
9 term of the injunction. If an extension of time is required by
10 the Commission, it may be granted at the discretion of the
11 court. The Commission shall not be required to furnish bond or
12 other security in connection with the proceedings, and neither
13 the institution of this action, nor any of the proceedings
14 therein, shall prevent or prohibit the Commission from pursuing
15 and achieving any other remedy provided for the violation of
16 this act or any rule or regulation thereunder.
17 (m) Any recipient of Commonwealth financial assistance found
18 by the Commission, after the opportunity for a hearing before
19 the Commission, a permanent hearing examiner, or a duly
20 designated presiding officer, to have committed unlawful
21 discrimination in violation of this act may be prohibited from
22 receiving any future Commonwealth financial assistance and may
23 be required to reimburse the Commonwealth, with all interest,
24 for any Commonwealth financial assistance it received or
25 utilized during the period it was found to have been
26 discriminating. The Commission shall issue an appropriate order,
27 which shall be appealable in the same manner as an order issued
28 under section 9(f) of this act. Discrimination by a recipient of
29 Commonwealth financial assistance in any part of its programs or
30 activities shall have the same effect as if the recipient had
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1 discriminated in all of its programs and activities.
2 (n) No sanctions may be imposed under clauses (k) or (l) of
3 this section until the Commission attempts to achieve compliance
4 by voluntary means.
5 (o) As used in this section, the term "recipient of
6 Commonwealth financial assistance" means all of the operations
7 within this Commonwealth of any organizational entity which
8 accepts financial assistance from the Commonwealth. If the
9 financial assistance is provided to the recipient pursuant to a
10 statutory mandate requiring such assistance to be used solely to
11 benefit one or more clearly identified classes of people, the
12 recipient will not be in violation of this act by so utilizing
13 such assistance, as long as the recipient does not otherwise
14 discriminate in its operations on the basis of race, color,
15 religious creed, ancestry, age, sex, national origin, handicap
16 or disability or familial status.
17 (p) Nothing in this section shall be deemed to affect the
18 right of a religious corporation or association to select
19 exclusively or primarily from members of such religion, or from
20 giving preference in such selection to such members.
21 (q) Nothing in this section shall be deemed to affect the
22 right of a religious corporation or association to make
23 distinctions on the basis of sex in those certain instances
24 where such distinctions are central to the religious beliefs,
25 practices or observances of such corporation or association.
26 Section 3. The sum of $1,000,000 is hereby appropriated to
27 the Pennsylvania Human Relations Commission for the purpose of
28 enforcing the provisions of this act.
29 Section 4. This act shall take effect immediately.
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