THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, KITCHEN, HUGHES, STOUT, LOGAN, MUSTO, LEACH, M. WHITE, TARTAGLIONE AND FERLO, FEBRUARY 20, 2009

REFERRED TO LABOR AND INDUSTRY, FEBRUARY 20, 2009  

AN ACT

Amending the act of October 27, 1955 (P.L.744, No.222),

entitled, as amended, "An act prohibiting certain practices

of discrimination because of race, color, religious creed,

ancestry, age or national origin by employers, employment

agencies, labor organizations and others as herein defined;

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties," further providing for unlawful discriminatory

practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5 of the act of October 27, 1955 (P.L.

744, No.222), known as the Pennsylvania Human Relations Act, is

amended by adding a subsection to read:

Section 5.  Unlawful Discriminatory Practices.--It shall be

an unlawful discriminatory practice, unless based upon a bona

fide occupational qualification, or in the case of a fraternal

corporation or association, unless based upon membership in such

association or corporation, or except where based upon

applicable security regulations established by the United States

or the Commonwealth of Pennsylvania:

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(m)  For any employer or potential employer to procure a

consumer report for employment purposes where any information

contained in the report bears on the consumer's credit

worthiness, credit standing or credit capacity, unless the

information is either:

(1)  substantially job-related and the employer's or

potential employer's reasons for the use of the information are

disclosed to the consumer in writing, in which case, the burden

of proof shall be on the employer or potential employer to

demonstrate that the employe's or potential employe's credit

worthiness, credit standing or credit capacity is substantially

job-related; or

(2)  required by law.

* * *

Section 2.  This act shall take effect in 60 days.