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                                                       PRINTER'S NO. 502

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 434 Session of 2007


        INTRODUCED BY READSHAW, BENNINGHOFF, BENNINGTON, CALTAGIRONE,
           CARROLL, CLYMER, DALEY, DePASQUALE, FREEMAN, GEORGE, GERGELY,
           JAMES, JOSEPHS, KOTIK, McGEEHAN, McILHATTAN, MELIO, MENSCH,
           PALLONE, RAMALEY, SAYLOR, SOLOBAY, STABACK, STURLA, THOMAS,
           WALKO, WOJNAROSKI AND FRANKEL, FEBRUARY 26, 2007

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 26, 2007

                                     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     Governor's Office; defining its functions, powers and duties;
     8     providing for procedure and enforcement; providing for
     9     formulation of an educational program to prevent prejudice;
    10     providing for judicial review and enforcement and imposing
    11     penalties," prohibiting certain practices of discrimination
    12     because of genetic information.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  The title and sections 2 and 3 of the act of
    16  October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
    17  Human Relations Act, amended December 20, 1991 (P.L.414, No.51),
    18  are amended to read:
    19                               AN ACT
    20  Prohibiting certain practices of discrimination because of
    21     genetic information, race, color, religious creed, ancestry,


     1     age or national origin by employers, employment agencies,
     2     labor organizations and others as herein defined; creating
     3     the Pennsylvania Human Relations Commission in the Governor's
     4     Office; defining its functions, powers and duties; providing
     5     for procedure and enforcement; providing for formulation of
     6     an educational program to prevent prejudice; providing for
     7     judicial review and enforcement and imposing penalties.
     8     Section 2.  Findings and Declaration of Policy.--
     9     (a)  The practice or policy of discrimination against
    10  individuals or groups by reason of their genetic information,
    11  race, color, familial status, religious creed, ancestry, age,
    12  sex, national origin, handicap or disability, use of guide or
    13  support animals because of the blindness, deafness or physical
    14  handicap of the user or because the user is a handler or trainer
    15  of support or guide animals is a matter of concern of the
    16  Commonwealth. Such discrimination foments domestic strife and
    17  unrest, threatens the rights and privileges of the inhabitants
    18  of the Commonwealth, and undermines the foundations of a free
    19  democratic state. The denial of equal employment, housing and
    20  public accommodation opportunities because of such
    21  discrimination, and the consequent failure to utilize the
    22  productive capacities of individuals to their fullest extent,
    23  deprives large segments of the population of the Commonwealth of
    24  earnings necessary to maintain decent standards of living,
    25  necessitates their resort to public relief and intensifies group
    26  conflicts, thereby resulting in grave injury to the public
    27  health and welfare, compels many individuals to live in
    28  dwellings which are substandard, unhealthful and overcrowded,
    29  resulting in racial segregation in public schools and other
    30  community facilities, juvenile delinquency and other evils,
    20070H0434B0502                  - 2 -     

     1  thereby threatening the peace, health, safety and general
     2  welfare of the Commonwealth and its inhabitants.
     3     (b)  It is hereby declared to be the public policy of this
     4  Commonwealth to foster the employment of all individuals in
     5  accordance with their fullest capacities regardless of their
     6  race, color, religious creed, ancestry, age, sex, national
     7  origin, handicap or disability, use of guide or support animals
     8  because of the blindness, deafness or physical handicap of the
     9  user or because the user is a handler or trainer of support or
    10  guide animals, and to safeguard their right to obtain and hold
    11  employment without such discrimination, to assure equal
    12  opportunities to all individuals and to safeguard their rights
    13  to public accommodation and to secure housing accommodation and
    14  commercial property regardless of genetic information, race,
    15  color, familial status, religious creed, ancestry, age, sex,
    16  national origin, handicap or disability, use of guide or support
    17  animals because of blindness or deafness of the user or because
    18  the user is a handler or trainer of guide or support animals.
    19     (c)  This act shall be deemed an exercise of the police power
    20  of the Commonwealth for the protection of the public welfare,
    21  prosperity, health and peace of the people of the Commonwealth
    22  of Pennsylvania.
    23     Section 3.  Right to Freedom from Discrimination in
    24  Employment, Housing and Public Accommodation.--The opportunity
    25  for an individual to obtain employment for which he is
    26  qualified, and to obtain all the accommodations, advantages,
    27  facilities and privileges of any public accommodation and of any
    28  housing accommodation and commercial property without
    29  discrimination because of genetic information, race, color,
    30  familial status, religious creed, ancestry, handicap or
    20070H0434B0502                  - 3 -     

     1  disability, age, sex, national origin, the use of a guide or
     2  support animal because of the blindness, deafness or physical
     3  handicap of the user or because the user is a handler or trainer
     4  of support or guide animals is hereby recognized as and declared
     5  to be a civil right which shall be enforceable as set forth in
     6  this act.
     7     Section 2.  Sections 4 and 5 of the act, amended December 20,
     8  1991 (P.L.414, No.51), July 12, 1996 (P.L.684, No.117) and June
     9  25, 1997 (P.L.326, No.34), are amended to read:
    10     Section 4.  Definitions.--As used in this act unless a
    11  different meaning clearly appears from the context:
    12     (a)  The term "person" includes one or more individuals,
    13  partnerships, associations, organizations, corporations, legal
    14  representatives, trustees in bankruptcy or receivers. It also
    15  includes, but is not limited to, any owner, lessor, assignor,
    16  builder, manager, broker, salesman, agent, employe, independent
    17  contractor, lending institution and the Commonwealth of
    18  Pennsylvania, and all political subdivisions, authorities,
    19  boards and commissions thereof.
    20     (b)  The term "employer" includes the Commonwealth or any
    21  political subdivision or board, department, commission or school
    22  district thereof and any person employing four or more persons
    23  within the Commonwealth, but except as hereinafter provided,
    24  does not include religious, fraternal, charitable or sectarian
    25  corporations or associations, except such corporations or
    26  associations supported, in whole or in part, by governmental
    27  appropriations. The term "employer" with respect to
    28  discriminatory practices based on genetic information, race,
    29  color, age, sex, national origin or non-job related handicap or
    30  disability, includes religious, fraternal, charitable and
    20070H0434B0502                  - 4 -     

     1  sectarian corporations and associations employing four or more
     2  persons within the Commonwealth.
     3     (c)  The term "employe" does not include (1) any individual
     4  employed in agriculture or in the domestic service of any
     5  person, (2) any individuals who, as a part of their employment,
     6  reside in the personal residence of the employer, (3) any
     7  individual employed by said individual's parents, spouse or
     8  child.
     9     (d)  The term "labor organizations" includes any organization
    10  which exists for the purpose, in whole or in part, of collective
    11  bargaining or of dealing with employers concerning grievances,
    12  terms or conditions of employment or of other mutual aid or
    13  protection in relation to employment.
    14     (e)  The term "employment agency" includes any person
    15  regularly undertaking, with or without compensation, to procure
    16  opportunities to work or to procure, recruit, refer or place
    17  employes.
    18     (f)  The term "Commission" means the Pennsylvania Human
    19  Relations Commission created by this act.
    20     (g)  The term "discriminate" includes segregate.
    21     (h)  The term "age" includes any person forty years of age or
    22  older and shall also include any other person so protected by
    23  further amendment to the Federal Age Discrimination in
    24  Employment Act.
    25     (i)  The term "housing accommodations" includes (1) any
    26  building, structure, mobile home site or facility, or portion
    27  thereof, which is used or occupied or is intended, arranged or
    28  designed to be used or occupied as the home residence or
    29  sleeping place of one or more individuals, groups or families
    30  whether or not living independently of each other; and (2) any
    20070H0434B0502                  - 5 -     

     1  vacant land offered for sale, lease or held for the purpose of
     2  constructing or locating thereon any such building, structure,
     3  mobile home site or facility. The term "housing accommodation"
     4  shall not include any personal residence offered for rent by the
     5  owner or lessee thereof or by his or her broker, salesperson,
     6  agent or employe.
     7     (j)  The term "commercial property" means (1) any building,
     8  structure or facility, or portion thereof, which is used,
     9  occupied or is intended, arranged or designed to be used or
    10  occupied for the purpose of operating a business, an office, a
    11  manufactory or any public accommodation; and (2) any vacant land
    12  offered for sale, lease or held for the purpose of constructing
    13  or locating thereon any such building, structure, facility,
    14  business concern or public accommodation.
    15     (k)  The term "personal residence" means a building or
    16  structure containing living quarters occupied or intended to be
    17  occupied by no more than two individuals, two groups or two
    18  families living independently of each other and used by the
    19  owner or lessee thereof as a bona fide residence for himself and
    20  any members of his family forming his household.
    21     (l)  The term "public accommodation, resort or amusement"
    22  means any accommodation, resort or amusement which is open to,
    23  accepts or solicits the patronage of the general public,
    24  including but not limited to inns, taverns, roadhouses, hotels,
    25  motels, whether conducted for the entertainment of transient
    26  guests or for the accommodation of those seeking health,
    27  recreation or rest, or restaurants or eating houses, or any
    28  place where food is sold for consumption on the premises,
    29  buffets, saloons, barrooms or any store, park or enclosure where
    30  spirituous or malt liquors are sold, ice cream parlors,
    20070H0434B0502                  - 6 -     

     1  confectioneries, soda fountains and all stores where ice cream,
     2  ice and fruit preparations or their derivatives, or where
     3  beverages of any kind are retailed for consumption on the
     4  premises, drug stores, dispensaries, clinics, hospitals,
     5  bathhouses, swimming pools, barber shops, beauty parlors, retail
     6  stores and establishments, theatres, motion picture houses,
     7  airdromes, roof gardens, music halls, race courses, skating
     8  rinks, amusement and recreation parks, fairs, bowling alleys,
     9  gymnasiums, shooting galleries, billiard and pool parlors,
    10  public libraries, kindergartens, primary and secondary schools,
    11  high schools, academies, colleges and universities, extension
    12  courses and all educational institutions under the supervision
    13  of this Commonwealth, nonsectarian cemeteries, garages and all
    14  public conveyances operated on land or water or in the air as
    15  well as the stations, terminals and airports thereof, financial
    16  institutions and all Commonwealth facilities and services,
    17  including such facilities and services of all political
    18  subdivisions thereof, but shall not include any accommodations
    19  which are in their nature distinctly private.
    20     (m)  The term "political subdivision" means any county, city,
    21  borough, incorporated town or township of this Commonwealth.
    22     (n)  The term "legislative body" means the body or board
    23  authorized by law to enact ordinances or adopt resolutions for
    24  the political subdivision.
    25     (o)  The term "local commission" means a Human Relations
    26  Commission created by the legislative body of a political
    27  subdivision.
    28     (p)  The term "non-job related handicap or disability" means
    29  any handicap or disability which does not substantially
    30  interfere with the ability to perform the essential functions of
    20070H0434B0502                  - 7 -     

     1  the employment which a handicapped person applies for, is
     2  engaged in or has been engaged in. Uninsurability or increased
     3  cost of insurance under a group or employe insurance plan does
     4  not render a handicap or disability job related.
     5     (p.1)  The term "handicap or disability," with respect to a
     6  person, means:
     7     (1)  a physical or mental impairment which substantially
     8  limits one or more of such person's major life activities;
     9     (2)  a record of having such an impairment; or
    10     (3)  being regarded as having such an impairment,
    11  but such term does not include current, illegal use of or
    12  addiction to a controlled substance, as defined in section 102
    13  of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. §
    14  802).
    15     (q)  The term "permanent hearing examiner" shall mean a full-
    16  time employe who is an attorney.
    17     (r)  The term "designated agent of the complainant" shall
    18  mean an individual who is a para-legal under the supervision of
    19  a practicing attorney.
    20     (s)  The term "commercial profit" means any form of
    21  compensation in money, or which can be measured in terms of
    22  money.
    23     (t)  The term "familial status" means one or more individuals
    24  who have not attained the age of eighteen years being domiciled
    25  with:
    26     (1)  a parent or other person having legal custody of such
    27  individual or individuals; or
    28     (2)  the designee of such parent or other person having such
    29  custody, with the written permission of such parent or other
    30  person.
    20070H0434B0502                  - 8 -     

     1  The protections afforded against discrimination on the basis of
     2  familial status shall apply to any person who is pregnant or is
     3  in the process of securing legal custody of any individual who
     4  has not attained the age of 18 years.
     5     (u)  The term "Fair Housing Act" means Public Law 90-284, 42
     6  U.S.C. § 3601 et seq.
     7     (v)  The term "accessible" means being in compliance with the
     8  applicable standards set forth in the following:
     9     (1)  the Fair Housing Act (Public Law 90-284, 42 U.S.C. §
    10  3601 et seq.);
    11     (2)  the Americans with Disabilities Act of 1990 (Public Law
    12  101-336, 42 U.S.C. § 12101 et seq.); and
    13     (3)  the act of September 1, 1965 (P.L.459, No.235),
    14  entitled, as amended, "An act requiring that certain buildings
    15  and facilities adhere to certain principles, standards and
    16  specifications to make the same accessible to and usable by
    17  persons with physical handicaps, and providing for enforcement."
    18     (w)  (1)  The term "housing for older persons" means housing:
    19     (i)  provided under any Federal or State program that the
    20  Pennsylvania Human Relations Commission determines is
    21  specifically designed and operated to assist elderly persons as
    22  defined in the Federal or State program;
    23     (ii)  is intended for and solely occupied by persons sixty-
    24  two years of age or older; or
    25     (iii)  is intended and operated for occupancy by at least one
    26  person fifty-five years of age or older per unit.
    27     (2)  In determining whether housing qualifies as housing for
    28  older persons under this clause, the Pennsylvania Human
    29  Relations Commission's requirements shall include, but not be
    30  limited to, the following:
    20070H0434B0502                  - 9 -     

     1     (ii)  At least eighty percent of the units are occupied by at
     2  least one person fifty-five years of age or older per unit.
     3     (iii)  There is publication of, and adherence to, policies
     4  and procedures which demonstrate an intent by the owner or
     5  manager to provide housing for persons fifty-five years of age
     6  or older.
     7     (iv)  The housing complies with regulations promulgated by
     8  the Pennsylvania Human Relations Commission for verification of
     9  occupancy. Regulations under this paragraph shall do all of the
    10  following:
    11     (A)  Provide for verification by reliable surveys and
    12  affidavits. Surveys and affidavits under this subparagraph shall
    13  be admissible in administrative and judicial proceedings for the
    14  purpose of verification under this paragraph.
    15     (B)  Include examples of the types of policies and procedures
    16  relevant to a determination of compliance with the requirement
    17  of paragraph (iii).
    18     (3)  Housing shall not fail to meet the requirements for
    19  housing for older persons by reason of unoccupied units provided
    20  that such units are reserved for occupancy by persons who meet
    21  the age requirements of this clause.
    22     (x)  The term "independent contractor" includes any person
    23  who is subject to the provisions governing any of the
    24  professions and occupations regulated by State licensing laws
    25  enforced by the Bureau of Professional and Occupational Affairs
    26  in the Department of State, or is included in the Fair Housing
    27  Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.).
    28     (y)  The term "real estate-related transaction" means any of
    29  the following:
    30     (1)  The making or purchasing of loans or providing other
    20070H0434B0502                 - 10 -     

     1  financial assistance for purchasing, constructing, improving,
     2  repairing or maintaining a housing accommodation or commercial
     3  property.
     4     (2)  The purchasing, constructing, improving, repairing or
     5  maintaining a housing accommodation or commercial property.
     6     (3)  The selling, brokering or appraising of real property.
     7     (z)  The term "advertisement" or "advertising" means any
     8  advertisement and any similar written, printed, taped or
     9  broadcast communication, notice, statement or the like which is
    10  disseminated (whether published, printed, circulated, issued,
    11  displayed, posted or mailed) for the purpose of promoting
    12  housing activity, including, but not limited to, rentals, leases
    13  and sales.
    14     (aa)  The term "advertiser" means any person who places,
    15  publishes, broadcasts or similarly causes to be disseminated by
    16  any other means an advertisement or advertising as defined in
    17  clause (z).
    18     (bb)  The term "genetic information" means information about
    19  genes, gene products, or inherited characteristics that may
    20  derive from an individual or with respect to that individual,
    21  another individual related by blood to that individual, or a
    22  spouse or adopted child of the individual.
    23     Section 5.  Unlawful Discriminatory Practices.--It shall be
    24  an unlawful discriminatory practice, unless based upon a bona
    25  fide occupational qualification, or in the case of a fraternal
    26  corporation or association, unless based upon membership in such
    27  association or corporation, or except where based upon
    28  applicable security regulations established by the United States
    29  or the Commonwealth of Pennsylvania:
    30     (a)  For any employer because of the genetic information,
    20070H0434B0502                 - 11 -     

     1  race, color, religious creed, ancestry, age, sex, national
     2  origin or non-job related handicap or disability or the use of a
     3  guide or support animal because of the blindness, deafness or
     4  physical handicap of any individual or independent contractor,
     5  to refuse to hire or employ or contract with, or to bar or to
     6  discharge from employment such individual or independent
     7  contractor, or to otherwise discriminate against such individual
     8  or independent contractor with respect to compensation, hire,
     9  tenure, terms, conditions or privileges of employment or
    10  contract, if the individual or independent contractor is the
    11  best able and most competent to perform the services required.
    12  The provision of this paragraph shall not apply, to (1)
    13  operation of the terms or conditions of any bona fide retirement
    14  or pension plan which have the effect of a minimum service
    15  requirement, (2) operation of the terms or conditions of any
    16  bona fide group or employe insurance plan, (3) age limitations
    17  placed upon entry into bona fide apprenticeship programs of two
    18  years or more approved by the State Apprenticeship and Training
    19  Council of the Department of Labor and Industry, established by
    20  the act of July 14, 1961 (P.L.604, No.304), known as "The
    21  Apprenticeship and Training Act." Notwithstanding any provision
    22  of this clause, it shall not be an unlawful employment practice
    23  for a religious corporation or association to hire or employ on
    24  the basis of sex in those certain instances where sex is a bona
    25  fide occupational qualification because of the religious
    26  beliefs, practices, or observances of the corporation, or
    27  association.
    28     (b)  For any employer, employment agency or labor
    29  organization, prior to the employment, contracting with an
    30  independent contractor or admission to membership, to:
    20070H0434B0502                 - 12 -     

     1     (1)  Elicit any information or make or keep a record of or
     2  use any form of application or application blank containing
     3  questions or entries concerning the genetic information, race,
     4  color, religious creed, ancestry, age, sex, national origin,
     5  past handicap or disability or the use of a guide or support
     6  animal because of the blindness, deafness or physical handicap
     7  of any applicant for employment or membership. Prior to an offer
     8  of employment, an employer may not inquire as to whether an
     9  individual has a handicap or disability or as to the severity of
    10  such handicap or disability. An employer may inquire as to the
    11  individual's ability to perform the essential functions of the
    12  employment.
    13     (2)  Print or publish or cause to be printed or published any
    14  notice or advertisement relating to employment or membership
    15  indicating any preference, limitation, specification or
    16  discrimination based upon genetic information, race, color,
    17  religious creed, ancestry, age, sex, national origin, non-job
    18  related handicap or disability or the use of a guide or support
    19  animal because of the blindness, deafness or physical handicap
    20  of the user.
    21     (3)  Deny or limit, through a quota system, employment or
    22  membership because of genetic information, race, color,
    23  religious creed, ancestry, age, sex, national origin, non-job
    24  related handicap or disability, the use of a guide or support
    25  animal because of the blindness, deafness or physical handicap
    26  of the user or place of birth.
    27     (4)  Substantially confine or limit recruitment or hiring of
    28  individuals, with intent to circumvent the spirit and purpose of
    29  this act, to any employment agency, employment service, labor
    30  organization, training school or training center or any other
    20070H0434B0502                 - 13 -     

     1  employe-referring source which services individuals who are
     2  predominantly of the same genetic information, race, color,
     3  religious creed, ancestry, age, sex, national origin or non-job
     4  related handicap or disability.
     5     (5)  Deny employment because of a prior handicap or
     6  disability.
     7     Nothing in clause (b) of this section shall bar any
     8  institution or organization for handicapped or disabled persons
     9  from limiting or giving preference in employment or membership
    10  to handicapped or disabled persons.
    11     (c)  For any labor organization because of the genetic
    12  information, race, color, religious creed, ancestry, age, sex,
    13  national origin, non-job related handicap or disability or the
    14  use of a guide or support animal because of the blindness,
    15  deafness or physical handicap of any individual to deny full and
    16  equal membership rights to any individual or otherwise to
    17  discriminate against such individuals with respect to hire,
    18  tenure, terms, conditions or privileges of employment or any
    19  other matter, directly or indirectly, related to employment.
    20     (d)  For any person, employer, employment agency or labor
    21  organization to discriminate in any manner against any
    22  individual because such individual has opposed any practice
    23  forbidden by this act, or because such individual has made a
    24  charge, testified or assisted, in any manner, in any
    25  investigation, proceeding or hearing under this act.
    26     (e)  For any person, employer, employment agency, labor
    27  organization or employe, to aid, abet, incite, compel or coerce
    28  the doing of any act declared by this section to be an unlawful
    29  discriminatory practice, or to obstruct or prevent any person
    30  from complying with the provisions of this act or any order
    20070H0434B0502                 - 14 -     

     1  issued thereunder, or to attempt, directly or indirectly, to
     2  commit any act declared by this section to be an unlawful
     3  discriminatory practice.
     4     (f)  For any employment agency to fail or refuse to classify
     5  properly, refer for employment or otherwise to discriminate
     6  against any individual because of his genetic information, race,
     7  color, religious creed, ancestry, age, sex, national origin,
     8  non-job related handicap or disability or the use of a guide or
     9  support animal because of the blindness, deafness or physical
    10  handicap of the user.
    11     (g)  For any individual seeking employment to publish or
    12  cause to be published any advertisement which in any manner
    13  expresses a limitation or preference as to the genetic
    14  information, race, color, religious creed, ancestry, age, sex,
    15  national origin, non-job related handicap or disability or the
    16  use of a guide or support animal because of the blindness,
    17  deafness or physical handicap of any prospective employer.
    18     (h)  For any person to:
    19     (1)  Refuse to sell, lease, finance or otherwise to deny or
    20  withhold any housing accommodation or commercial property from
    21  any person because of the genetic information, race, color,
    22  familial status, age, religious creed, ancestry, sex, national
    23  origin or handicap or disability of any person, prospective
    24  owner, occupant or user of such housing accommodation or
    25  commercial property, or to refuse to lease any housing
    26  accommodation or commercial property to any person due to use of
    27  a guide animal because of the blindness or deafness of the user,
    28  use of a support animal because of a physical handicap of the
    29  user or because the user is a handler or trainer of support or
    30  guide animals or because of the handicap or disability of an
    20070H0434B0502                 - 15 -     

     1  individual with whom the person is known to have a relationship
     2  or association.
     3     (1.1)  Evict or attempt to evict an occupant of any housing
     4  accommodation before the end of the term of a lease because of
     5  pregnancy or the birth of a child.
     6     (2)  Refuse to lend money, whether or not secured by mortgage
     7  or otherwise for the acquisition, construction, rehabilitation,
     8  repair or maintenance of any housing accommodation or commercial
     9  property or otherwise withhold financing of any housing
    10  accommodation or commercial property from any person because of
    11  the genetic information, race, color, familial status, age,
    12  religious creed, ancestry, sex, national origin, handicap or
    13  disability of any person, the use of a guide or support animal
    14  because of the blindness, deafness or physical handicap of the
    15  user or because the user is a handler or trainer of support or
    16  guide animals or because of the handicap or disability of an
    17  individual with whom the person is known to have a relationship
    18  or association.
    19     (3)  Discriminate against any person in the terms or
    20  conditions of selling or leasing any housing accommodation or
    21  commercial property or in furnishing facilities, services or
    22  privileges in connection with the ownership, occupancy or use of
    23  any housing accommodation or commercial property because of the
    24  genetic information, race, color, familial status, age,
    25  religious creed, ancestry, sex, national origin, handicap or
    26  disability of any person, the use of a guide or support animal
    27  because of the blindness, deafness or physical handicap of the
    28  user or because the user is a handler or trainer of support or
    29  guide animals or because of the handicap or disability of an
    30  individual with whom the person is known to have a relationship
    20070H0434B0502                 - 16 -     

     1  or association.
     2     (3.1)  Refuse to permit, at the expense of a person with a
     3  handicap, reasonable modifications of existing premises occupied
     4  or to be occupied by such person if such modifications may be
     5  necessary to afford such person full enjoyment of the premises,
     6  except that, in the case of a rental, the landlord may, where it
     7  is reasonable to do so, grant permission for a modification if
     8  the renter agrees to restore the interior of the premises to the
     9  condition that existed before the modification, with reasonable
    10  wear and tear excepted.
    11     (3.2)  Refuse to make reasonable accommodations in rules,
    12  policies, practices or services when such accommodations may be
    13  necessary to afford such person equal opportunity to use and
    14  enjoy a housing accommodation.
    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 housing accommodation
    19  or commercial property because of the genetic information, race,
    20  color, familial status, age, religious creed, ancestry, sex,
    21  national origin or handicap or disability of any person, the use
    22  of a guide or support animal because of the blindness, deafness
    23  or physical handicap of the user or because the user is a
    24  handler or trainer of guide or support animals or because of the
    25  handicap or disability of an individual with whom the person is
    26  known to have a relationship or association.
    27     (5)  Print, publish or circulate any statement or
    28  advertisement: (i) relating to the sale, lease or acquisition of
    29  any housing accommodation or commercial property or the loan of
    30  money, whether or not secured by mortgage, or otherwise for the
    20070H0434B0502                 - 17 -     

     1  acquisition, construction, rehabilitation, repair or maintenance
     2  of any housing accommodation or commercial property which
     3  indicates any preference, limitation, specification, or
     4  discrimination based upon genetic information, race, color,
     5  familial status, age, religious creed, ancestry, sex, national
     6  origin, handicap or disability or because of the handicap or
     7  disability of an individual with whom the person is known to
     8  have a relationship or association, or (ii) relating to the
     9  sale, lease or acquisition of any housing accommodation or
    10  commercial property which indicates any preference, limitation,
    11  specification or discrimination based upon use of a guide or
    12  support animal because of the blindness, deafness or physical
    13  handicap of the user or because the user is a handler or trainer
    14  of support or guide 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 genetic information, race, color, familial
    18  status, age, religious creed, ancestry, sex, national origin,
    19  handicap or disability or because of the handicap or disability
    20  of an individual with whom the person is known to have a
    21  relationship or association in connection with the sale or lease
    22  of any housing accommodation or commercial property or loan of
    23  any money, whether or not secured by mortgage or otherwise for
    24  the acquisition, construction, rehabilitation, repair or
    25  maintenance of any housing accommodation or commercial property,
    26  or to make any inquiry, elicit any information, make or keep any
    27  record or use any form of application, containing questions or
    28  entries concerning the use of a guide or support animal because
    29  of the blindness, deafness or physical handicap of the user or
    30  because the user is a handler or trainer of support or guide
    20070H0434B0502                 - 18 -     

     1  animals, in connection with the lease of any housing
     2  accommodation or commercial property.
     3     (7)  Construct, operate, offer for sale, lease or rent or
     4  otherwise make available housing or commercial property which is
     5  not accessible.
     6     (8)  Discriminate in real estate-related transactions, as
     7  described by and subject to the following:
     8     (i)  It shall be unlawful for any person or other entity
     9  whose business includes engaging in real estate-related
    10  transactions to discriminate against any person in making
    11  available such a transaction or in the terms or conditions of
    12  such a transaction because of genetic information, race, color,
    13  religious creed, ancestry, national origin, sex, age, handicap
    14  or disability, use of a guide or support animal because of a
    15  physical handicap or because the user is a handler or trainer of
    16  guide or support animals or familial status.
    17     (ii)  Nothing in this act prohibits a person engaged in the
    18  business of furnishing appraisals of real property to take into
    19  consideration factors other than genetic information, race,
    20  color, religious creed, ancestry, national origin, sex, age,
    21  handicap or disability, use of a guide or support animal because
    22  of a physical handicap or because the user is a handler or
    23  trainer of guide or support animals or familial status.
    24     (9)  Nothing in this clause, regarding age or familial
    25  status, shall apply with respect to housing for older persons. A
    26  person shall not be held personally liable for monetary damages
    27  for a violation of this act if the person reasonably relied, in
    28  good faith, on the application of the exemption of this
    29  subclause. A person may only prove good faith reliance on the
    30  application of the exemption of this subclause by proving that
    20070H0434B0502                 - 19 -     

     1  at the time of the act complained of all of the following
     2  applied:
     3     (i)  The person had no actual knowledge that the housing was
     4  not eligible for exemption under this subclause.
     5     (ii)  The owner or manager of the housing had stated
     6  formally, in writing, that the housing complied with the
     7  requirements for exemption under this subclause.
     8     (10)  Nothing in this clause shall bar any religious or
     9  denominational institution or organization or any charitable or
    10  educational organization which is operated, supervised or
    11  controlled by or in connection with a religious organization or
    12  any bona fide private or fraternal organization from giving
    13  preference to persons of the same religion or denomination or to
    14  members of such private or fraternal organization or from making
    15  such selection as is calculated by such organization to promote
    16  the religious principles or the aims, purposes or fraternal
    17  principles for which it is established or maintained. Nor shall
    18  it apply to the rental of rooms in a landlord-occupied rooming
    19  house with a common entrance, nor with respect to discrimination
    20  based on sex, the advertising, rental or leasing of housing
    21  accommodations in a single-sex dormitory or rooms in one's
    22  personal residence in which common living areas are shared.
    23     (11)  Nothing in this act limits the applicability of the
    24  Fair Housing Act and reasonable State or local restrictions on
    25  the maximum number of occupants permitted to occupy a dwelling
    26  or a reasonable restriction relating to health or safety
    27  standards or business necessity. Owners and managers of
    28  dwellings may develop and implement reasonable occupancy and
    29  safety standards based on factors such as the number and size of
    30  sleeping areas or bedrooms and the overall size of a dwelling
    20070H0434B0502                 - 20 -     

     1  unit so long as the standards do not violate the Fair Housing
     2  Act or State or local restrictions.
     3     (i)  For any person being the owner, lessee, proprietor,
     4  manager, superintendent, agent or employe of any public
     5  accommodation, resort or amusement to:
     6     (1)  Refuse, withhold from, or deny to any person because of
     7  his genetic information, race, color, sex, religious creed,
     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,
    12  either directly or indirectly, any of the accommodations,
    13  advantages, facilities or privileges of such public
    14  accommodation, resort or amusement.
    15     (2)  Publish, circulate, issue, display, post or mail, either
    16  directly or indirectly, any written or printed communication,
    17  notice or advertisement to the effect that any of the
    18  accommodations, advantages, facilities and privileges of any
    19  such place shall be refused, withheld from or denied to any
    20  person on account of genetic information, race, color, religious
    21  creed, sex, ancestry, national origin or handicap or disability,
    22  or to any person due to use of a guide or support animal because
    23  of the blindness, deafness or physical handicap of the user, or
    24  because the user is a handler or trainer of support or guide
    25  animals, or that the patronage or custom thereat of any person,
    26  belonging to or purporting to be of any particular genetic
    27  information, race, color, religious creed, sex, ancestry,
    28  national origin or handicap or disability, or to any person due
    29  to use of a guide or support animal because of the blindness,
    30  deafness or physical handicap of the user or because the user is
    20070H0434B0502                 - 21 -     

     1  a handler or trainer of support or guide animals, is unwelcome,
     2  objectionable or not acceptable, desired or solicited.
     3     (3)  Exclude or otherwise deny equal goods, services,
     4  facilities, privileges, advantages, accommodations or other
     5  opportunities to a person because of the handicap or disability
     6  of an individual with whom the person is known to have a
     7  relationship or association.
     8     (4)  Construct, operate or otherwise make available such
     9  place of public accommodation, resort or amusement which is not
    10  accessible.
    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 diploma based
    17  on passing a general educational development test as compared to
    18  a high school diploma. However, should vocational technical
    19  training or other special training be required with regard to a
    20  specific position, then such training or special training may be
    21  considered by the employer.
    22     (l)  To exclude or otherwise deny equal jobs or benefits to a
    23  person because of the handicap or disability of an individual
    24  with whom the person is known to have a relationship or
    25  association.
    26     This section of the act shall not be construed to prohibit
    27  the refusal to hire or the dismissal of a person who is not able
    28  to function properly in the job applied for or engaged in.
    29     Section 3.  Sections 5.3 and 7 of the act, amended December
    30  20, 1991 (P.L.414, No.51), are amended to read:
    20070H0434B0502                 - 22 -     

     1     Section 5.3.  Prohibition of Certain Real Estate Practices.--
     2  It shall be an unlawful discriminatory practice for any person
     3  to:
     4     (a)  Induce, solicit or attempt to induce or solicit for
     5  commercial profit any listing, sale or transaction involving any
     6  housing accommodation or commercial property by representing
     7  that such housing accommodation or commercial property is within
     8  any neighborhood, community or area adjacent to any other area
     9  in which there reside, or do not reside, persons of a particular
    10  genetic information, race, color, familial status, age,
    11  religious creed, ancestry, sex, national origin, handicap or
    12  disability, or who are guide or support animal dependent.
    13     (b)  Discourage, or attempt to discourage, for commercial
    14  profit, the purchase or lease of any housing accommodation or
    15  commercial property by representing that such housing
    16  accommodation or commercial property is within any neighborhood,
    17  community or area adjacent to any other area in which there
    18  reside, or may in the future reside in increased or decreased
    19  numbers, persons of a particular genetic information, race,
    20  color, familial status, age, religious creed, ancestry, sex,
    21  national origin, handicap or disability, or who are guide or
    22  support animal dependent.
    23     (c)  Misrepresent, create or distort a circumstance,
    24  condition or incident for the purpose of fostering the
    25  impression or belief, on the part of any owner, occupant or
    26  prospective owner or occupant of any housing accommodation or
    27  commercial property, that such housing accommodation or
    28  commercial property is within any neighborhood, community or
    29  area adjacent to any other area which would be adversely
    30  impacted by the residence, or future increased or decreased
    20070H0434B0502                 - 23 -     

     1  residence, of persons of a particular genetic information, race,
     2  color, familial status, age, religious creed, ancestry, sex,
     3  national origin, handicap or disability, or who are guide or
     4  support animal dependent within such neighborhood, community or
     5  area.
     6     (d)  In any way misrepresent or otherwise misadvertise within
     7  a neighborhood or community, whether or not in writing, that any
     8  housing accommodation or commercial property within such
     9  neighborhood or community is available for inspection, sale,
    10  lease, sublease or other transfer, in any context where such
    11  misrepresentation or misadvertising would have the effect of
    12  fostering an impression or belief that there has been or will be
    13  an increase in real estate activity within such neighborhood or
    14  community due to the residence, or anticipated increased or
    15  decreased residence, of persons of a particular genetic
    16  information, race, color, familial status, age, religious creed,
    17  ancestry, sex, national origin, handicap or disability, or the
    18  use of a guide or support animal because of the blindness,
    19  deafness or physical handicap of the user.
    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
    20070H0434B0502                 - 24 -     

     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
    20070H0434B0502                 - 25 -     

     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.
    20070H0434B0502                 - 26 -     

     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 genetic information, race, color, familial status,
    11  religious creed, ancestry, age, sex, national origin or handicap
    12  or disability, and (2) foster, through community effort or
    13  otherwise, good will among the groups and elements of the
    14  population of the State. Such agencies and councils may make
    15  recommendations to the Commission for the development of
    16  policies and procedure in general. Advisory agencies and
    17  conciliation councils created by the Commission shall be
    18  composed of representative citizens, serving without pay, but
    19  the Commission may make provision for technical and clerical
    20  assistance to such agencies and councils, and for the payment of
    21  the expenses of such assistance.
    22     (j)  To issue such publications and such results of
    23  investigations and research as, in its judgment, will tend to
    24  promote good will and minimize or eliminate discrimination
    25  because of genetic information, race, color, familial status,
    26  religious creed, ancestry, age, sex, national origin or handicap
    27  or disability.
    28     (k)  To submit an annual report for each fiscal year by the
    29  following March 31 to the General Assembly, the Labor and
    30  Industry Committee of the Senate and the State Government
    20070H0434B0502                 - 27 -     

     1  Committee of the House of Representatives and the Governor
     2  describing in detail the types of complaints received, the
     3  investigations, status of cases, Commission action which has
     4  been taken, how many were found to have probable cause, how many
     5  were resolved by public hearing and the length of time from the
     6  initial complaint to final Commission resolution. It shall also
     7  contain recommendations for such further legislation concerning
     8  abuses and discrimination because of genetic information, race,
     9  color, familial status, religious creed, ancestry, national
    10  origin, age, sex, handicap or disability or the use of a guide
    11  or support animal because of the blindness, deafness or physical
    12  handicap of the user or because the user is a handler or trainer
    13  of support or guide animals, as may be desirable.
    14     (l)  To prepare and distribute fair practices notices.
    15     (n)  To notify local human relations commissions of
    16  complaints received by the Pennsylvania Human Relations
    17  Commission involving persons within a commission's jurisdiction.
    18  The Pennsylvania Human Relations Commission may enter into work-
    19  sharing agreements with those local commissions having
    20  comparable jurisdiction and enforcement authority.
    21     (o)  To prepare and publish all findings of fact, conclusions
    22  of the law, final decisions and orders made after a public
    23  hearing by the hearing examiners, Commission panel or full
    24  Commission.
    25     (p)  To give public access to the commission's compliance
    26  manual.
    27     (q)  To preserve opinions rendered by the Commission for five
    28  years from the date of publication.
    29     Section 4.  Section 8 of the act, amended July 12, 1996
    30  (P.L.684, No.117), is amended to read:
    20070H0434B0502                 - 28 -     

     1     Section 8.  Educational Program.--The Commission, in
     2  cooperation with the Department of Education, is authorized to
     3  recommend a multicultural educational program, designed for the
     4  students of the schools in this Commonwealth and for all other
     5  residents thereof, with emphasis on foreign cultural and
     6  language studies, as well as on the basic shared precepts and
     7  principles of United States culture, in order to promote
     8  cultural understanding and appreciation and to further good will
     9  among all persons, without regard to genetic information, race,
    10  color, familial status, religious creed, ancestry, age, sex,
    11  national origin, handicap or disability.
    12     Section 5.  Section 12 of the act, amended December 20, 1991
    13  (P.L.414, No.51), is amended to read:
    14     Section 12.  Construction and Exclusiveness of Remedy.--
    15     (a)  The provisions of this act shall be construed liberally
    16  for the accomplishment of the purposes thereof, and any law
    17  inconsistent with any provisions hereof shall not apply.
    18     (b)  Except as provided in subsection (c), nothing contained
    19  in this act shall be deemed to repeal or supersede any of the
    20  provisions of any existing or hereafter adopted municipal
    21  ordinance, municipal charter or of any law of this Commonwealth
    22  relating to discrimination because of genetic information,
    23  race, color, familial status, religious creed, ancestry, age,
    24  sex, national origin or handicap or disability, but as to acts
    25  declared unlawful by section five of this act the procedure
    26  herein provided shall, when invoked, be exclusive and the final
    27  determination therein shall exclude any other action, civil or
    28  criminal, based on the same grievance of the complainant
    29  concerned. If the complainant institutes any action based on
    30  such grievance without resorting to the procedure provided in
    20070H0434B0502                 - 29 -     

     1  this act, such complainant may not subsequently resort to the
     2  procedure herein. In the event of a conflict between the
     3  interpretation of a provision of this act and the interpretation
     4  of a similar provision contained in any municipal ordinance, the
     5  interpretation of the provision in this act shall apply to such
     6  municipal ordinance.
     7     (c)  (1)  In cases involving a claim of discrimination, if a
     8  complainant invokes the procedures set forth in this act, that
     9  individual's right of action in the courts of the Commonwealth
    10  shall not be foreclosed. If within one (1) year after the filing
    11  of a complaint with the Commission, the Commission dismisses the
    12  complaint or has not entered into a conciliation agreement to
    13  which the complainant is a party, the Commission must so notify
    14  the complainant. On receipt of such a notice the complainant
    15  shall be able to bring an action in the courts of common pleas
    16  of the Commonwealth based on the right to freedom from
    17  discrimination granted by this act.
    18     (2)  An action under this subsection shall be filed within
    19  two years after the date of notice from the Commission closing
    20  the complaint. Any complaint so filed shall be served on the
    21  Commission at the time the complaint is filed in court. The
    22  Commission shall notify the complainant of this requirement.
    23     (3)  If the court finds that the respondent has engaged in or
    24  is engaging in an unlawful discriminatory practice charged in
    25  the complaint, the court shall enjoin the respondent from
    26  engaging in such unlawful discriminatory practice and order
    27  affirmative action which may include, but is not limited to,
    28  reinstatement or hiring of employes, granting of back pay, or
    29  any other legal or equitable relief as the court deems
    30  appropriate. Back pay liability shall not accrue from a date
    20070H0434B0502                 - 30 -     

     1  more than three years prior to the filing of a complaint
     2  charging violations of this act.
     3     (4)  The court shall serve upon the Commission any final
     4  order issued in any action brought under this subsection.
     5     (c.1)  Notwithstanding subsections (a) and (c) or any other
     6  provision of this act, nothing in this act shall be deemed to
     7  authorize imposition by the Commission of remedial quota relief
     8  in cases involving hiring or promoting of employes of the
     9  Commonwealth, its agencies or instrumentalities or employes of
    10  local governments and school districts in this Commonwealth.
    11  This subsection shall not, however, prohibit the voluntary
    12  adoption of an affirmative action plan designed to assure that
    13  all persons are accorded equality of opportunity in employment.
    14     (c.2)  If, after a trial held pursuant to subsection (c), the
    15  court of common pleas finds that a defendant engaged in or is
    16  engaging in any unlawful discriminatory practice as defined in
    17  this act, the court may award attorney fees and costs to the
    18  prevailing plaintiff.
    19     (c.3)  If, after a trial held pursuant to subsection (c), the
    20  court of common pleas finds that a defendant has not engaged in
    21  or is not engaging in any unlawful discriminatory practice as
    22  defined in this act, the court may award attorney fees and costs
    23  to the prevailing defendant if the defendant proves that the
    24  complaint was brought in bad faith.
    25     (d)  Nothing in this act shall be construed to require any
    26  employer to hire any person with a job-related handicap or
    27  disability.
    28     (e)  The time limits for filing under any complaint or other
    29  pleading under this act shall be subject to waiver, estoppel and
    30  equitable tolling.
    20070H0434B0502                 - 31 -     

     1     (f)  Nothing in this act shall be constructed as superseding
     2  any provision of the act of October 15, 1980 (P.L.950, No.164),
     3  known as the "Commonwealth Attorneys Act." All court actions
     4  commenced by or against the Commission shall be subject to the
     5  provisions of that act.
     6     Section 6.  This act shall take effect in 60 days.
















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