PRINTER'S NO. 188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY B. BOYLE, O'BRIEN, SCHLOSSBERG, K. BOYLE, DAVIS, MIRANDA, LONGIETTI, D. COSTA, MCGEEHAN, HARKINS, KORTZ, STURLA, FREEMAN, CARROLL, BROWNLEE, KINSEY, SANTARSIERO, MAHONEY, V. BROWN, COHEN, FRANKEL AND PAINTER, JANUARY 22, 2013
REFERRED TO COMMITEE ON LABOR AND INDUSTRY, JANUARY 22, 2013
6Section 1. Short title.
9Section 2. Definitions.
1any employer in relation to an employee.
2"Employment agency." An employment agency licensed under the
3act of July 31, 1941 (P.L.616, No.261), known as the Employment
4Agency Law, or a person regularly undertaking with or without
5compensation to procure employees for an employer or to procure
6for individuals opportunities to work as employees for an
7employer and includes an agent of such a person, and a person
8who maintains an Internet website or print medium that publishes
9advertisements or announcements of job openings for employees.
13Section 3. Prohibited acts.
14(a) Employers.--It shall be unlawful for an employer to:
18(2) publish or circulate, in any medium, an
19advertisement or announcement for a job vacancy that includes
20any provision stating that an individual's unemployment
21status disqualifies the individual for a job or any provision
22stating that an employer will not consider an individual for
23employment based on the individual's unemployment status.
1unemployment status; or
2(3) publish or circulate, in any medium, an
3advertisement or announcement for a job vacancy that includes
4any provision stating that an individual's unemployment
5status disqualifies the individual for a job or any provision
6stating that an employer will not consider an individual for
7employment based on that individual's unemployment status.
13(2) an employer or employment agency from considering an
14individual's employment history or factual and objective
15reasons underlying an individual's unemployment status in
16assessing an individual's ability to perform the vacant job.
17An employer or employment agency may assess whether an
18individual's employment in a similar or related job for a
19period of time reasonably proximate to the consideration of
20the individual for employment is consistent with industry
21practice and necessary to successful performance of the
23Section 4. Enforcement.
30(1) For the purposes of investigating complaints and
4(i) enter and inspect a place of business to examine
5and copy any records of an employer or employment agency
6that the department deems necessary for the investigation
7of a violation of this act, or to require production of
8records that are regularly stored outside this
9Commonwealth within a reasonable time, as determined by
10the department, following written notice from the
15(iii) require statements in writing; and
16(iv) interrogate individuals.
17(2) The department shall provide a written response to
18the complainant at the conclusion of the investigation
19stating the department's determination related to whether a
20violation of this act has occurred.
21(c) Subpoenas.--The department shall have investigatory
22subpoena power. Application may be made to the Commonwealth
23Court to enforce a subpoena. However, nothing in this section
24may be construed to excuse a person from producing documents and
25records as requested by the department under any other provision
27Section 5. Penalties.
6(3) In the case of advertisements or announcements that
7are in violation of this act, each medium, publication or
8circulation source of an advertisement or announcement shall
9constitute a separate violation of this act.
13(c) Procedure.--This section is subject to 2 Pa.C.S. Chs. 5
14Subch. A (relating to practice and procedure of Commonwealth
15agencies) and 7 Subch. A (relating to judicial review of
16Commonwealth agency action).
17Section 6. Retaliation prohibited.
4(b) Civil actions.--An individual who in good faith alleges
5a violation of this section may bring a civil action in a court
6of competent jurisdiction against an employer or employment
7agency within two years from the date upon which the violation
8occurs. Taking adverse action against an individual within 90
9days of the person's exercise of rights protected under this act
10shall raise a rebuttable presumption of having done so in
11retaliation for the exercise of those rights.
12Section 7. Effective date.
13This act shall take effect immediately.