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 findings and declaration of
12policy, for right to freedom from discrimination in
13employment, housing and public accommodation; defining
14"marital status"; and further providing for unlawful
15discriminatory practices.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Sections 2 and 3 of the act of October 27, 1955 
19(P.L.744, No.222), known as the Pennsylvania Human Relations 
20Act, amended December 20, 1991 (P.L.414, No.51), are amended to 
21read:

22Section 2. Findings and Declaration of Policy.--

1(a) The practice or policy of discrimination against
2individuals or groups by reason of their race, color, familial
3status, marital status, religious creed, ancestry, age, sex,
4national origin, handicap or disability, use of guide or support
5animals because of the blindness, deafness or physical handicap
6of the user or because the user is a handler or trainer of
7support or guide animals is a matter of concern of the
8Commonwealth. Such discrimination foments domestic strife and
9unrest, threatens the rights and privileges of the inhabitants
10of the Commonwealth, and undermines the foundations of a free
11democratic state. The denial of equal employment, housing and
12public accommodation opportunities because of such
13discrimination, and the consequent failure to utilize the
14productive capacities of individuals to their fullest extent,
15deprives large segments of the population of the Commonwealth of
16earnings necessary to maintain decent standards of living,
17necessitates their resort to public relief and intensifies group
18conflicts, thereby resulting in grave injury to the public
19health and welfare, compels many individuals to live in
20dwellings which are substandard, unhealthful and overcrowded,
21resulting in racial segregation in public schools and other
22community facilities, juvenile delinquency and other evils,
23thereby threatening the peace, health, safety and general
24welfare of the Commonwealth and its inhabitants.

25(b) It is hereby declared to be the public policy of this
26Commonwealth to foster the employment of all individuals in
27accordance with their fullest capacities regardless of their
28race, color, religious creed, familial status, marital status,
29ancestry, age, sex, national origin, handicap or disability, use
30of guide or support animals because of the blindness, deafness

1or physical handicap of the user or because the user is a
2handler or trainer of support or guide animals, and to safeguard
3their right to obtain and hold employment without such
4discrimination, to assure equal opportunities to all individuals
5and to safeguard their rights to public accommodation and to
6secure housing accommodation and commercial property regardless
7of race, color, familial status, marital status, religious
8creed, ancestry, age, sex, national origin, handicap or
9disability, use of guide or support animals because of blindness
10or deafness of the user or because the user is a handler or
11trainer of guide or support animals.

12(c) This act shall be deemed an exercise of the police power
13of the Commonwealth for the protection of the public welfare,
14prosperity, health and peace of the people of the Commonwealth
15of Pennsylvania.

16Section 3. Right to Freedom from Discrimination in
17Employment, Housing and Public Accommodation.--The opportunity
18for an individual to obtain employment for which he is
19qualified, and to obtain all the accommodations, advantages,
20facilities and privileges of any public accommodation and of any
21housing accommodation and commercial property without
22discrimination because of race, color, familial status, marital 
23status, religious creed, ancestry, handicap or disability, age,
24sex, national origin, the use of a guide or support animal
25because of the blindness, deafness or physical handicap of the
26user or because the user is a handler or trainer of support or
27guide animals is hereby recognized as and declared to be a civil
28right which shall be enforceable as set forth in this act.

29Section 2. Section 4(t) of the act, amended July 12, 1996
30(P.L.684, No.117), is amended and the section is amended by

1adding a clause to read:

2Section 4. Definitions.--As used in this act unless a
3different meaning clearly appears from the context:

4* * *

5(t) The term "familial status" means one or more individuals
6who have not attained the age of eighteen years being domiciled
7with:

8(1) a parent or other person having legal custody of such
9individual or individuals; or

10(2) the designee of such parent or other person having such
11custody, with the written permission of such parent or other
12person.

13The term includes an individual who is a provider of care, or is
14perceived to be a provider of care, for a family member, whether
15in the past, present or future. The term "family member" shall
16include the employe's spouse, domestic partner, children,
17including through adoption or other legal custodial
18relationship, household members, parents and all other persons
19related to the employe and the employe's spouse and children by
20marriage, blood or consanguinity.

21The protections afforded against discrimination on the basis of
22familial status shall apply to any person who is pregnant or is
23in the process of securing legal custody of any individual who
24has not attained the age of 18 years.

25* * *

26(bb) The term "marital status" means whether a person is
27single, married, divorced, separated or widowed.

28Section 3. Section 5(a), (b), (c), (f) and (g) of the act, 
29amended December 20, 1991 (P.L.414, No.51), are amended to read:

30Section 5. Unlawful Discriminatory Practices.--It shall be

1an unlawful discriminatory practice, unless based upon a bona
2fide occupational qualification, or in the case of a fraternal
3corporation or association, unless based upon membership in such
4association or corporation, or except where based upon
5applicable security regulations established by the United States
6or the Commonwealth of Pennsylvania:

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

1association to hire or employ on the basis of sex in those 
2certain instances where sex is a bona fide occupational 
3qualification because of the religious beliefs, practices, or 
4observances of the corporation, or association.

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, familial status, marital status, age, sex,
12national origin, past handicap or disability or the use of a
13guide or support animal because of the blindness, deafness or
14physical handicap of any applicant for employment or membership.
15Prior to an offer of employment, an employer may not inquire as
16to whether an individual has a handicap or disability or as to
17the severity of such handicap or disability. Prior to an offer 
18of employment, an employer may not inquire as to whether an 
19individual intends to have a child. An employer may inquire as
20to the individual's ability to perform the essential functions
21of the employment.

22(2) Print or publish or cause to be printed or published any
23notice or advertisement relating to employment or membership
24indicating any preference, limitation, specification or
25discrimination based upon race, color, religious creed,
26ancestry, age, familial status, marital status, sex, national
27origin, non-job related handicap or disability or the use of a
28guide or support animal because of the blindness, deafness or
29physical handicap of the user.

30(3) Deny or limit, through a quota system, employment or

1membership because of race, color, religious creed, ancestry,
2age, familial status, marital status, sex, national origin, non-
3job related handicap or disability, the use of a guide or
4support animal because of the blindness, deafness or physical
5handicap of the user or place of birth.

6(4) Substantially confine or limit recruitment or hiring of
7individuals, with intent to circumvent the spirit and purpose of
8this act, to any employment agency, employment service, labor
9organization, training school or training center or any other
10employe-referring source which services individuals who are
11predominantly of the same race, color, religious creed,
12ancestry, age, familial status, marital status, sex, national
13origin or non-job related handicap or disability.

14(5) Deny employment because of a prior handicap or
15disability.

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(c) For any labor organization because of the race, color,
21religious creed, ancestry, age, familial status, marital status,
22sex, national origin, non-job related handicap or disability or
23the use of a guide or support animal because of the blindness,
24deafness or physical handicap of any individual to deny full and
25equal membership rights to any individual or otherwise to
26discriminate against such individuals with respect to hire,
27tenure, terms, conditions or privileges of employment or any
28other matter, directly or indirectly, related to employment.

29* * *

30(f) For any employment agency to fail or refuse to classify

1properly, refer for employment or otherwise to discriminate
2against any individual because of his race, color, religious
3creed, ancestry, age, sex, familial status, marital status,
4national origin, non-job related handicap or disability or the
5use of a guide or support animal because of the blindness,
6deafness or physical handicap of the user.

7(g) For any individual seeking employment to publish or
8cause to be published any advertisement which in any manner
9expresses a limitation or preference as to the race, color,
10religious creed, ancestry, age, sex, familial status, marital 
11status, national origin, non-job related handicap or disability
12or the use of a guide or support animal because of the
13blindness, deafness or physical handicap of any prospective
14employer.

15* * *

16Section 4. This act shall take effect in 60 days.