AN ACT

 

1Amending the act of October 27, 1955 (P.L.744, No.222), 
2entitled, as amended, "An act prohibiting certain practices 
3of discrimination because of race, color, religious creed, 
4ancestry, age or national origin by employers, employment 
5agencies, labor organizations and others as herein defined; 
6creating the Pennsylvania Human Relations Commission in the 
7Governor's Office; defining its functions, powers and duties; 
8providing for procedure and enforcement; providing for 
9formulation of an educational program to prevent prejudice; 
10providing for judicial review and enforcement and imposing 
11penalties," further providing for the title, for findings and 
12declaration of policy, for right to freedom from 
13discrimination in employment, housing and public 
14accommodation; defining "sexual orientation" and "gender 
15identity or expression"; and further providing for unlawful 
16discriminatory practices, for prohibition of certain real 
17estate practices, for powers and duties of commission, for 
18educational program and for construction and exclusiveness of 
19remedy.

20The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. The title and sections 2 and 3 of the act of 
3October 27, 1955 (P.L.744, No.222), known as the Pennsylvania 
4Human Relations Act, amended December 20, 1991 (P.L.414, No.51), 
5are amended to read:

6AN ACT

7Prohibiting certain practices of discrimination because of race,
8color, religious creed, ancestry, sexual orientation, gender 
9identity or expression, age or national origin, by employers,
10employment agencies, labor organizations and others as herein
11defined; creating the Pennsylvania Human Relations Commission
12in the Governor's Office; defining its functions, powers and
13duties; providing for procedure and enforcement; providing
14for formulation of an educational program to prevent
15prejudice; providing for judicial review and enforcement and
16imposing penalties.

17Section 2. Findings and Declaration of Policy.--

18(a) The practice or policy of discrimination against
19individuals or groups by reason of their race, color, familial
20status, religious creed, ancestry, sexual orientation, gender 
21identity or expression, age, sex, national origin, handicap or
22disability, use of guide or support animals because of the
23blindness, deafness or physical handicap of the user or because
24the user is a handler or trainer of support or guide animals is
25a matter of concern of the Commonwealth. Such discrimination
26foments domestic strife and unrest, threatens the rights and
27privileges of the inhabitants of the Commonwealth, and
28undermines the foundations of a free democratic state. The
29denial of equal employment, housing and public accommodation
30opportunities because of such discrimination, and the consequent

1failure to utilize the productive capacities of individuals to
2their fullest extent, deprives large segments of the population
3of the Commonwealth of earnings necessary to maintain decent
4standards of living, necessitates their resort to public relief
5and intensifies group conflicts, thereby resulting in grave
6injury to the public health and welfare, compels many
7individuals to live in dwellings which are substandard,
8unhealthful and overcrowded, resulting in racial segregation in
9public schools and other community facilities, juvenile
10delinquency and other evils, thereby threatening the peace,
11health, safety and general welfare of the Commonwealth and its
12inhabitants.

13(b) It is hereby declared to be the public policy of this
14Commonwealth to foster the employment of all individuals in
15accordance with their fullest capacities regardless of their
16race, color, religious creed, ancestry, sexual orientation, 
17gender identity or expression, age, sex, national origin,
18handicap or disability, use of guide or support animals because
19of the blindness, deafness or physical handicap of the user or
20because the user is a handler or trainer of support or guide
21animals, and to safeguard their right to obtain and hold
22employment without such discrimination, to assure equal
23opportunities to all individuals and to safeguard their rights
24to public accommodation and to secure housing accommodation and
25commercial property regardless of race, color, familial status,
26religious creed, ancestry, sexual orientation, gender identity 
27or expression, age, sex, national origin, handicap or
28disability, use of guide or support animals because of blindness
29or deafness of the user or because the user is a handler or
30trainer of guide or support animals.

1(c) This act shall be deemed an exercise of the police power
2of the Commonwealth for the protection of the public welfare,
3prosperity, health and peace of the people of the Commonwealth
4of Pennsylvania.

5Section 3. Right to Freedom from Discrimination in
6Employment, Housing and Public Accommodation.--The opportunity
7for an individual to obtain employment for which he is
8qualified, and to obtain all the accommodations, advantages,
9facilities and privileges of any public accommodation and of any
10housing accommodation and commercial property without
11discrimination because of race, color, familial status,
12religious creed, ancestry, sexual orientation, gender identity 
13or expression, handicap or disability, age, sex, national
14origin, the use of a guide or support animal because of the
15blindness, deafness or physical handicap of the user or because
16the user is a handler or trainer of support or guide animals is
17hereby recognized as and declared to be a civil right which
18shall be enforceable as set forth in this act.

19Section 2. Section 4(b) of the act, amended December 20, 
201991 (P.L.414, No.51), is amended and the section is amended by 
21adding clauses to read:

22Section 4. Definitions.--As used in this act unless a
23different meaning clearly appears from the context:

24* * *

25(b) The term "employer" includes the Commonwealth or any 
26political subdivision or board, department, commission or school 
27district thereof and any person employing four or more persons 
28within the Commonwealth, but except as hereinafter provided, 
29does not include religious, fraternal, charitable or sectarian 
30corporations or associations, except such corporations or
 

1associations supported, in whole or in part, by governmental 
2appropriations. The term "employer" with respect to 
3discriminatory practices based on race, color, age, sex, 
4national origin, sexual orientation, gender identity or 
5expression or non-job related handicap or disability, includes 
6religious, fraternal, charitable and sectarian corporations and 
7associations employing four or more persons within the 
8Commonwealth.

9* * *

10(bb) The term "sexual orientation" means actual or perceived 
11heterosexuality, homosexuality or bisexuality.

12(cc) The term "gender identity or expression" means actual 
13or perceived gender identity, appearance, behavior, expression 
14or physical characteristics whether or not associated with an 
15individual's assigned sex at birth.

16Section 3. Section 5(a), (b), (c), (f), (g), (h) and (i) of 
17the act, amended or added December 20, 1991 (P.L.414, No.51), 
18July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326, 
19No.34), are amended to read:

20Section 5. Unlawful Discriminatory Practices.--It shall be
21an unlawful discriminatory practice, unless based upon a bona
22fide occupational qualification, or in the case of a fraternal
23corporation or association, unless based upon membership in such
24association or corporation, or except where based upon
25applicable security regulations established by the United States
26or the Commonwealth of Pennsylvania:

27(a) For any employer because of the race, color, religious 
28creed, ancestry, sexual orientation, gender identity or 
29expression, age, sex, national origin or non-job related 
30handicap or disability or the use of a guide or support animal
 

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

25(b) For any employer, employment agency or labor
26organization, prior to the employment, contracting with an
27independent contractor or admission to membership, to:

28(1) Elicit any information or make or keep a record of or
29use any form of application or application blank containing
30questions or entries concerning the race, color, religious

1creed, ancestry, sexual orientation, gender identity or 
2expression, age, sex, national origin, past handicap or
3disability or the use of a guide or support animal because of
4the blindness, deafness or physical handicap of any applicant
5for employment or membership. Prior to an offer of employment,
6an employer may not inquire as to whether an individual has a
7handicap or disability or as to the severity of such handicap or
8disability. An employer may inquire as to the individual's
9ability to perform the essential functions of the employment.

10(2) Print or publish or cause to be printed or published any
11notice or advertisement relating to employment or membership
12indicating any preference, limitation, specification or
13discrimination based upon race, color, religious creed,
14ancestry, sexual orientation, gender identity or expression,
15age, sex, national origin, non-job related handicap or
16disability or the use of a guide or support animal because of
17the blindness, deafness or physical handicap of the user.

18(3) Deny or limit, through a quota system, employment or
19membership because of race, color, religious creed, ancestry,
20sexual orientation, gender identity or expression, age, sex,
21national origin, non-job related handicap or disability, the use
22of a guide or support animal because of the blindness, deafness
23or physical handicap of the user or place of birth.

24(4) Substantially confine or limit recruitment or hiring of
25individuals, with intent to circumvent the spirit and purpose of
26this act, to any employment agency, employment service, labor
27organization, training school or training center or any other
28employe-referring source which services individuals who are
29predominantly of the same race, color, religious creed,
30ancestry, sexual orientation, gender identity or expression,

1age, sex, national origin or non-job related handicap or
2disability.

3(5) Deny employment because of a prior handicap or
4disability.

5Nothing in clause (b) of this section shall bar any
6institution or organization for handicapped or disabled persons
7from limiting or giving preference in employment or membership
8to handicapped or disabled persons.

9(c) For any labor organization because of the race, color,
10religious creed, ancestry, sexual orientation, gender identity 
11or expression, age, sex, national origin, non-job related
12handicap or disability or the use of a guide or support animal
13because of the blindness, deafness or physical handicap of any
14individual to deny full and equal membership rights to any
15individual or otherwise to discriminate against such individuals
16with respect to hire, tenure, terms, conditions or privileges of
17employment or any other matter, directly or indirectly, related
18to employment.

19* * *

20(f) For any employment agency to fail or refuse to classify
21properly, refer for employment or otherwise to discriminate
22against any individual because of his race, color, religious
23creed, ancestry, sexual orientation, gender identity or 
24expression, age, sex, national origin, non-job related handicap
25or disability or the use of a guide or support animal because of
26the blindness, deafness or physical handicap of the user.

27(g) For any individual seeking employment to publish or
28cause to be published any advertisement which in any manner
29expresses a limitation or preference as to the race, color,
30religious creed, ancestry, sexual orientation, gender identity
 

1or expression, age, sex, national origin, non-job related
2handicap or disability or the use of a guide or support animal
3because of the blindness, deafness or physical handicap of any
4prospective employer.

5(h) For any person to:

6(1) Refuse to sell, lease, finance or otherwise to deny or
7withhold any housing accommodation or commercial property from
8any person because of the race, color, familial status, age,
9religious creed, ancestry, sexual orientation, gender identity 
10or expression, sex, national origin or handicap or disability of
11any person, prospective owner, occupant or user of such housing
12accommodation or commercial property, or to refuse to lease any
13housing accommodation or commercial property to any person due
14to use of a guide animal because of the blindness or deafness of
15the user, use of a support animal because of a physical handicap
16of the user or because the user is a handler or trainer of
17support or guide animals or because of the handicap or
18disability of an individual with whom the person is known to
19have a relationship or association.

20(1.1) Evict or attempt to evict an occupant of any housing
21accommodation before the end of the term of a lease because of
22pregnancy or the birth of a child.

23(2) Refuse to lend money, whether or not secured by mortgage
24or otherwise for the acquisition, construction, rehabilitation,
25repair or maintenance of any housing accommodation or commercial
26property or otherwise withhold financing of any housing
27accommodation or commercial property from any person because of
28the race, color, familial status, age, religious creed,
29ancestry, sexual orientation, gender identity or expression,
30sex, national origin, handicap or disability of any person, the

1use of a guide or support animal because of the blindness,
2deafness or physical handicap of the user or because the user is
3a handler or trainer of support or guide animals or because of
4the handicap or disability of an individual with whom the person
5is known to have a relationship or association.

6(3) Discriminate against any person in the terms or
7conditions of selling or leasing any housing accommodation or
8commercial property or in furnishing facilities, services or
9privileges in connection with the ownership, occupancy or use of
10any housing accommodation or commercial property because of the
11race, color, familial status, age, religious creed, ancestry,
12sexual orientation, gender identity or expression, sex, national
13origin, handicap or disability of any person, the use of a guide
14or support animal because of the blindness, deafness or physical
15handicap of the user or because the user is a handler or trainer
16of support or guide animals or because of the handicap or
17disability of an individual with whom the person is known to
18have a relationship or association.

19(3.1) Refuse to permit, at the expense of a person with a
20handicap, reasonable modifications of existing premises occupied
21or to be occupied by such person if such modifications may be
22necessary to afford such person full enjoyment of the premises,
23except that, in the case of a rental, the landlord may, where it
24is reasonable to do so, grant permission for a modification if
25the renter agrees to restore the interior of the premises to the
26condition that existed before the modification, with reasonable
27wear and tear excepted.

28(3.2) Refuse to make reasonable accommodations in rules,
29policies, practices or services when such accommodations may be
30necessary to afford such person equal opportunity to use and

1enjoy a housing accommodation.

2(4) Discriminate against any person in the terms or
3conditions of any loan of money, whether or not secured by
4mortgage or otherwise for the acquisition, construction,
5rehabilitation, repair or maintenance of housing accommodation
6or commercial property because of the race, color, familial
7status, age, religious creed, ancestry, sexual orientation, 
8gender identity or expression, sex, national origin or handicap
9or disability of any person, the use of a guide or support
10animal because of the blindness, deafness or physical handicap
11of the user or because the user is a handler or trainer of guide
12or support animals or because of the handicap or disability of
13an individual with whom the person is known to have a
14relationship or association.

15(5) Print, publish or circulate any statement or
16advertisement: (i) relating to the sale, lease or acquisition of
17any housing accommodation or commercial property or the loan of
18money, whether or not secured by mortgage, or otherwise for the
19acquisition, construction, rehabilitation, repair or maintenance
20of any housing accommodation or commercial property which
21indicates any preference, limitation, specification, or
22discrimination based upon race, color, familial status, age,
23religious creed, ancestry, sexual orientation, gender identity 
24or expression, sex, national origin, handicap or disability or
25because of the handicap or disability of an individual with whom
26the person is known to have a relationship or association, or
27(ii) relating to the sale, lease or acquisition of any housing
28accommodation or commercial property which indicates any
29preference, limitation, specification or discrimination based
30upon use of a guide or support animal because of the blindness,

1deafness or physical handicap of the user or because the user is
2a handler or trainer of support or guide animals.

3(6) Make any inquiry, elicit any information, make or keep
4any record or use any form of application, containing questions
5or entries concerning race, color, familial status, age,
6religious creed, ancestry, sexual orientation, gender identity 
7or expression, sex, national origin, handicap or disability or
8because of the handicap or disability of an individual with whom
9the person is known to have a relationship or association in
10connection with the sale or lease of any housing accommodation
11or commercial property or loan of any money, whether or not
12secured by mortgage or otherwise for the acquisition,
13construction, rehabilitation, repair or maintenance of any
14housing accommodation or commercial property, or to make any
15inquiry, elicit any information, make or keep any record or use
16any form of application, containing questions or entries
17concerning the use of a guide or support animal because of the
18blindness, deafness or physical handicap of the user or because
19the user is a handler or trainer of support or guide animals, in
20connection with the lease of any housing accommodation or
21commercial property.

22(7) Construct, operate, offer for sale, lease or rent or
23otherwise make available housing or commercial property which is
24not accessible.

25(8) Discriminate in real estate-related transactions, as
26described by and subject to the following:

27(i) It shall be unlawful for any person or other entity
28whose business includes engaging in real estate-related
29transactions to discriminate against any person in making
30available such a transaction or in the terms or conditions of

1such a transaction because of race, color, religious creed,
2ancestry, sexual orientation, gender identity or expression,
3national origin, sex, age, handicap or disability, use of a
4guide or support animal because of a physical handicap or
5because the user is a handler or trainer of guide or support
6animals or familial status.

7(ii) Nothing in this act prohibits a person engaged in the
8business of furnishing appraisals of real property to take into
9consideration factors other than race, color, religious creed,
10ancestry, sexual orientation, gender identity or expression,
11national origin, sex, age, handicap or disability, use of a
12guide or support animal because of a physical handicap or
13because the user is a handler or trainer of guide or support
14animals or familial status.

15(9) Nothing in this clause, regarding age or familial
16status, shall apply with respect to housing for older persons. A
17person shall not be held personally liable for monetary damages
18for a violation of this act if the person reasonably relied, in
19good faith, on the application of the exemption of this
20subclause. A person may only prove good faith reliance on the
21application of the exemption of this subclause by proving that
22at the time of the act complained of all of the following
23applied:

24(i) The person had no actual knowledge that the housing was
25not eligible for exemption under this subclause.

26(ii) The owner or manager of the housing had stated
27formally, in writing, that the housing complied with the
28requirements for exemption under this subclause.

29(10) Nothing in this clause shall bar any religious or
30denominational institution or organization or any charitable or

1educational organization which is operated, supervised or
2controlled by or in connection with a religious organization or
3any bona fide private or fraternal organization from giving
4preference to persons of the same religion or denomination or to
5members of such private or fraternal organization or from making
6such selection as is calculated by such organization to promote
7the religious principles or the aims, purposes or fraternal
8principles for which it is established or maintained. Nor shall
9it apply to the rental of rooms in a landlord-occupied rooming
10house with a common entrance, nor with respect to discrimination
11based on sex, the advertising, rental or leasing of housing
12accommodations in a single-sex dormitory or rooms in one's
13personal residence in which common living areas are shared.

14(11) Nothing in this act limits the applicability of the
15Fair Housing Act and reasonable State or local restrictions on
16the maximum number of occupants permitted to occupy a dwelling
17or a reasonable restriction relating to health or safety
18standards or business necessity. Owners and managers of
19dwellings may develop and implement reasonable occupancy and
20safety standards based on factors such as the number and size of
21sleeping areas or bedrooms and the overall size of a dwelling
22unit so long as the standards do not violate the Fair Housing
23Act or State or local restrictions.

24(i) For any person being the owner, lessee, proprietor,
25manager, superintendent, agent or employe of any public
26accommodation, resort or amusement to:

27(1) Refuse, withhold from, or deny to any person because of
28his race, color, sex, religious creed, ancestry, sexual 
29orientation, gender identity or expression, national origin, or
30handicap or disability, or to any person due to use of a guide

1or support animal because of the blindness, deafness or physical
2handicap of the user or because the user is a handler or trainer
3of support or guide animals, either directly or indirectly, any
4of the accommodations, advantages, facilities or privileges of
5such public accommodation, resort or amusement.

6(2) Publish, circulate, issue, display, post or mail, either
7directly or indirectly, any written or printed communication,
8notice or advertisement to the effect that any of the
9accommodations, advantages, facilities and privileges of any
10such place shall be refused, withheld from or denied to any
11person on account of race, color, religious creed, sex,
12ancestry, sexual orientation, gender identity or expression,
13national origin or handicap or disability, or to any person due
14to use of a guide or support animal because of the blindness,
15deafness or physical handicap of the user, or because the user
16is a handler or trainer of support or guide animals, or that the
17patronage or custom thereat of any person, belonging to or
18purporting to be of any particular race, color, religious creed,
19sex, ancestry, sexual orientation, gender identity or 
20expression, national origin or handicap or disability, or to any
21person due to use of a guide or support animal because of the
22blindness, deafness or physical handicap of the user or because
23the user is a handler or trainer of support or guide animals, is
24unwelcome, objectionable or not acceptable, desired or
25solicited.

26(3) Exclude or otherwise deny equal goods, services,
27facilities, privileges, advantages, accommodations or other
28opportunities to a person because of the handicap or disability
29of an individual with whom the person is known to have a
30relationship or association.

1(4) Construct, operate or otherwise make available such
2place of public accommodation, resort or amusement which is not
3accessible.

4* * *

5Section 4. Sections 5.3 and 7(i), (j) and (k) of the act, 
6amended December 20, 1991 (P.L.414, No.51), are amended to read:

7Section 5.3. Prohibition of Certain Real Estate Practices.--
8It shall be an unlawful discriminatory practice for any person
9to:

10(a) Induce, solicit or attempt to induce or solicit for
11commercial profit any listing, sale or transaction involving any
12housing accommodation or commercial property by representing
13that such housing accommodation or commercial property is within
14any neighborhood, community or area adjacent to any other area
15in which there reside, or do not reside, persons of a particular
16race, color, familial status, age, religious creed, ancestry,
17sexual orientation, gender identity or expression, sex, national
18origin, handicap or disability, or who are guide or support
19animal dependent.

20(b) Discourage, or attempt to discourage, for commercial
21profit, the purchase or lease of any housing accommodation or
22commercial property by representing that such housing
23accommodation or commercial property is within any neighborhood,
24community or area adjacent to any other area in which there
25reside, or may in the future reside in increased or decreased
26numbers, persons of a particular race, color, familial status,
27age, religious creed, ancestry, sexual orientation, gender 
28identity or expression, sex, national origin, handicap or
29disability, or who are guide or support animal dependent.

30(c) Misrepresent, create or distort a circumstance,

1condition or incident for the purpose of fostering the
2impression or belief, on the part of any owner, occupant or
3prospective owner or occupant of any housing accommodation or
4commercial property, that such housing accommodation or
5commercial property is within any neighborhood, community or
6area adjacent to any other area which would be adversely
7impacted by the residence, or future increased or decreased
8residence, of persons of a particular race, color, familial
9status, age, religious creed, ancestry, sexual orientation, 
10gender identity or expression, sex, national origin, handicap or
11disability, or who are guide or support animal dependent within
12such neighborhood, community or area.

13(d) In any way misrepresent or otherwise misadvertise within
14a neighborhood or community, whether or not in writing, that any
15housing accommodation or commercial property within such
16neighborhood or community is available for inspection, sale,
17lease, sublease or other transfer, in any context where such
18misrepresentation or misadvertising would have the effect of
19fostering an impression or belief that there has been or will be
20an increase in real estate activity within such neighborhood or
21community due to the residence, or anticipated increased or
22decreased residence, of persons of a particular race, color,
23familial status, age, religious creed, ancestry, sexual 
24orientation, gender identity or expression, sex, national
25origin, handicap or disability, or the use of a guide or support
26animal because of the blindness, deafness or physical handicap
27of the user.

28Section 7. Powers and Duties of the Commission.--The
29Commission shall have the following powers and duties:

30* * *

1(i) To create such advisory agencies and conciliation
2councils, local or state-wide, as will aid in effectuating the
3purposes of this act. The Commission may itself or it may
4empower these agencies and councils to (1) study the problems of
5discrimination in all or specific fields of human relationships
6when based on race, color, familial status, religious creed,
7ancestry, sexual orientation, gender identity or expression,
8age, sex, national origin or handicap or disability, and (2)
9foster, through community effort or otherwise, good will among
10the groups and elements of the population of the State. Such
11agencies and councils may make recommendations to the Commission
12for the development of policies and procedure in general.
13Advisory agencies and conciliation councils created by the
14Commission shall be composed of representative citizens, serving
15without pay, but the Commission may make provision for technical
16and clerical assistance to such agencies and councils, and for
17the payment of the expenses of such assistance.

18(j) To issue such publications and such results of
19investigations and research as, in its judgment, will tend to
20promote good will and minimize or eliminate discrimination
21because of race, color, familial status, religious creed,
22ancestry, sexual orientation, gender identity or expression,
23age, sex, national origin or handicap or disability.

24(k) To submit an annual report for each fiscal year by the
25following March 31 to the General Assembly, the Labor and
26Industry Committee of the Senate and the State Government
27Committee of the House of Representatives and the Governor
28describing in detail the types of complaints received, the
29investigations, status of cases, Commission action which has
30been taken, how many were found to have probable cause, how many

1were resolved by public hearing and the length of time from the
2initial complaint to final Commission resolution. It shall also
3contain recommendations for such further legislation concerning
4abuses and discrimination because of race, color, familial
5status, religious creed, ancestry, sexual orientation, gender 
6identity or expression, national origin, age, sex, handicap or
7disability or the use of a guide or support animal because of
8the blindness, deafness or physical handicap of the user or
9because the user is a handler or trainer of support or guide
10animals, as may be desirable.

11* * *

12Section 5. Section 8 of the act, amended July 12, 1996 
13(P.L.684, No.117), is amended to read:

14Section 8. Educational Program.--The Commission, in
15cooperation with the Department of Education, is authorized to
16recommend a multicultural educational program, designed for the
17students of the schools in this Commonwealth and for all other
18residents thereof, with emphasis on foreign cultural and
19language studies, as well as on the basic shared precepts and
20principles of United States culture, in order to promote
21cultural understanding and appreciation and to further good will
22among all persons, without regard to race, color, familial
23status, religious creed, ancestry, sexual orientation, gender 
24identity or expression, age, sex, national origin, handicap or
25disability.

26Section 6. Section 12(b) of the act, amended December 20, 
271991 (P.L.414, No.51), is amended to read:

28Section 12. Construction and Exclusiveness of Remedy.--

29* * *

30(b) Except as provided in subsection (c), nothing contained

1in this act shall be deemed to repeal or supersede any of the
2provisions of any existing or hereafter adopted municipal
3ordinance, municipal charter or of any law of this Commonwealth
4relating to discrimination because of race, color, familial
5status, religious creed, ancestry, sexual orientation, gender 
6identity or expression, age, sex, national origin or handicap or
7disability, but as to acts declared unlawful by section five of
8this act the procedure herein provided shall, when invoked, be
9exclusive and the final determination therein shall exclude any
10other action, civil or criminal, based on the same grievance of
11the complainant concerned. If the complainant institutes any
12action based on such grievance without resorting to the
13procedure provided in this act, such complainant may not
14subsequently resort to the procedure herein. In the event of a
15conflict between the interpretation of a provision of this act
16and the interpretation of a similar provision contained in any
17municipal ordinance, the interpretation of the provision in this
18act shall apply to such municipal ordinance.

19* * *

20Section 7. This act shall take effect in 30 days.