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 unlawful discriminatory
12practices relating to certain employment practices and for
13prohibition of certain real estate practices.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 5(b) of the act of October 27, 1955
17(P.L.744, No.222), known as the Pennsylvania Human Relations
18Act, amended December 20, 1991 (P.L.414, No.51), is amended to
19read:

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

1association or corporation, or except where based upon
2applicable security regulations established by the United States
3or the Commonwealth of Pennsylvania:

4* * *

5(b) For any employer, employment agency or labor
6organization, prior to the employment, contracting with an
7independent contractor or admission to membership, to:

8(1) Elicit any information or make or keep a record of or
9use any form of application or application blank containing
10questions or entries concerning the race, color, religious
11creed, ancestry, age, sex, national origin, past handicap or
12disability or the use of a guide or support animal because of
13the blindness, deafness or physical handicap of any applicant
14for employment or membership. Prior to an offer of employment,
15an employer may not inquire as to whether an individual has a
16handicap or disability or as to the severity of such handicap or
17disability. An employer may inquire as to the individual's
18ability to perform the essential functions of the employment.

19(2) Print or publish or cause to be printed or published any
20notice or advertisement relating to employment or membership
21indicating any preference, limitation, specification or
22discrimination based upon race, color, religious creed,
23ancestry, age, sex, national origin, non-job related handicap or
24disability or the use of a guide or support animal because of
25the blindness, deafness or physical handicap of the user.

26(3) Deny or limit, through a quota system, employment or
27membership because of race, color, religious creed, ancestry,
28age, sex, national origin, non-job related handicap or
29disability, the use of a guide or support animal because of the
30blindness, deafness or physical handicap of the user or place of

1birth.

2(4) Substantially confine or limit recruitment or hiring of
3individuals, with intent to circumvent the spirit and purpose of
4this act, to any employment agency, employment service, labor
5organization, training school or training center or any other
6employe-referring source which services individuals who are
7predominantly of the same race, color, religious creed,
8ancestry, age, sex, national origin or non-job related handicap
9or disability.

10(5) Deny employment because of a prior handicap or
11disability.

12(6) Require an applicant to disclose a criminal history on
13an application for employment, unless the job has predetermined
14security regulations established by the Federal or State
15Government.

16Nothing in clause (b) of this section shall bar any
17institution or organization for handicapped or disabled persons
18from limiting or giving preference in employment or membership
19to handicapped or disabled persons.

20* * *

21Section 2. Section 5.3 of the act is amended by adding a
22clause to read:

23Section 5.3. Prohibition of Certain Real Estate Practices.--
24It shall be an unlawful discriminatory practice for any person
25to:

26* * *

27(e) Require a person to disclose a criminal history on an
28application for housing accommodation or commercial property.

29Section 3. This act shall take effect in 60 days.