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 definitions and for
12unlawful discriminatory practices.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 4 of the act of October 27, 1955
16(P.L.744, No.222), known as the Pennsylvania Human Relations
17Act, is amended by adding a clause to read:

18Section 4. Definitions.--As used in this act unless a
19different meaning clearly appears from the context:

20* * *

21(bb) The term "pregnancy" means women affected by pregnancy,
22childbirth or related medical conditions.

1Section 2. Section 5(a) of the act, amended December 20,
21991 (P.L.414, No.51), is amended to read:

3Section 5. Unlawful Discriminatory Practices.--It shall be
4an unlawful discriminatory practice, unless based upon a bona
5fide occupational qualification, or in the case of a fraternal
6corporation or association, unless based upon membership in such
7association or corporation, or except where based upon
8applicable security regulations established by the United States
9or the Commonwealth of Pennsylvania:

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

1Act." Notwithstanding any provision of this clause, it shall not
2be an unlawful employment practice for a religious corporation
3or association to hire or employ on the basis of sex in those
4certain instances where sex is a bona fide occupational
5qualification because of the religious beliefs, practices, or
6observances of the corporation, or association.

7* * *

8Section 3. This act shall take effect in 60 days.