See other bills
under the
same topic
PRINTER'S NO. 319
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
305
Session of
2015
INTRODUCED BY COHEN, FRANKEL, BISHOP, BOYLE, V. BROWN, BROWNLEE,
CONKLIN, FREEMAN, KINSEY, McNEILL, MURT, O'BRIEN, READSHAW,
ROEBUCK, SCHLOSSBERG, SCHWEYER, THOMAS AND McCARTER,
FEBRUARY 3, 2015
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 3, 2015
AN ACT
Amending the act of July 17, 1961 (P.L.776, No.341), entitled
"An act declaring the policy of the Commonwealth with regard
to discriminatory practices in educational institutions based
upon race, religion, color, ancestry, national origin or sex;
prohibiting such discriminatory practices; providing for
procedure and enforcement; providing for judicial review;
providing for administration by the Pennsylvania Human
Relations Commission in the Department of Labor and Industry;
and defining its functions, powers and duties hereunder.
(Title amended Dec. 29, 1972, P.L.1682, No.360)," further
providing for findings and declaration of policy, for unfair
educational practices, for powers and duties of the
Pennsylvania Human Relations Commission and for construction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2(a), (b) and (c), 4(a)(1), (2) and (3)
and (a.1)(1), (2) and (3), 6(4) and 9(a) and (c) of the act July
17, 1961 (P.L.776, No.341), known as the Pennsylvania Fair
Educational Opportunities Act, amended December 22, 1992
(P.L.1688, No.187), are amended to read:
Section 2. Findings and Declaration of Policy.--(a) It is
hereby declared to be the policy of this Commonwealth that all
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
persons shall have equal opportunities for education regardless
of their race, religion, color, ancestry, sexual orientation,
gender identity or expression, age, national origin, sex,
handicap or disability.
(b) Equality of educational opportunities requires that
students, otherwise qualified, be admitted to certain
educational institutions without regard to race, religion,
color, ancestry, sexual orientation, gender identity or
expression, age, national origin, sex, handicap or disability.
(c) It is recognized that there is a fundamental American
right for members of various religious faiths to establish and
maintain educational institutions exclusively or primarily for
students of their own religious faith. In such institutions
students, otherwise qualified, should have equal opportunity to
attend therein without discrimination because of race, color,
ancestry, sexual orientation, gender identity or expression,
age, national origin, handicap or disability or, except as
provided in section 9, sex.
* * *
Section 4. Unfair Educational Practices.--(a) Except as
provided in section 9, it shall be an unfair educational
practice for an educational institution--
(1) To exclude or limit, or otherwise discriminate, because
of race, religion, color, ancestry, sexual orientation, gender
identity or expression, age, national origin, sex, handicap or
disability, against any student or students seeking admission as
students to such institutions: Provided, That it shall not be
unfair educational practice for any educational institution to
use criteria other than race, religion, color, ancestry, sexual
orientation, gender identity or expression, age, national
20150HB0305PN0319 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
origin, sex, handicap or disability in the admission of
students.
(2) To make any written or oral inquiry prior to admission
concerning or designed to elicit information as to the race,
religion, color, ancestry, sexual orientation, gender identity
or expression, age, national origin, sex, handicap or disability
of a student seeking admission to such institution.
(3) To expel, suspend, punish, deny facilities or otherwise
discriminate against any student because of race, religion,
color, ancestry, sexual orientation, gender identity or
expression, age, national origin, sex, handicap or disability.
* * *
(a.1) Except as provided in section 9, it shall be an unfair
educational practice for a religious educational institution--
(1) To exclude or limit, or otherwise discriminate, because
of race, color, ancestry, sexual orientation, gender identity or
expression, age, national origin, sex, handicap or disability,
against any student or students seeking admission as students to
such institutions: Provided, That it shall not be unfair
educational practice for any religious educational institution
to use criteria other than race, color, ancestry, sexual
orientation, gender identity or expression, age, national
origin, sex, handicap or disability in the admission of
students.
(2) To make any written or oral inquiry prior to admission
concerning or designed to elicit information as to the race,
color, ancestry, sexual orientation, gender identity or
expression, age, national origin, sex, handicap or disability of
a student seeking admission to such institution.
(3) To expel, suspend, punish, deny facilities or otherwise
20150HB0305PN0319 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
discriminate against any student because of race, color,
ancestry, sexual orientation, gender identity or expression,
age, national origin, sex, handicap or disability.
* * *
Section 6. Powers and Duties of the Commission.--Without in
anywise detracting from, or in derogation or diminution of the
duties of the commission as set forth in the act of October 27,
1955 (P.L.744), known as the "Pennsylvania Human Relations Act,"
said commission is hereby vested with the following powers and
duties--
* * *
(4) To formulate, recommend and carry out a comprehensive
program designed to eliminate and prevent prejudice and
discrimination in educational institutions, based upon race,
religion, color, ancestry, sexual orientation, gender identity
or expression, age, national origin, sex, handicap or disability
except religious discrimination in religious or denominational
institutions and except, as to sex, as provided in section 9.
* * *
Section 9. Construction.--(a) The provisions of this act
shall be construed liberally for the accomplishment of the
purposes thereof and any law inconsistent with any provisions
hereof shall not apply. Nothing contained in this act shall be
deemed to repeal any of the provisions of any law of this
Commonwealth relating to discrimination because of race,
religion, color, ancestry, sexual orientation, gender identity
or expression, age, national origin, sex, handicap or
disability. This act shall not be construed to prohibit any
educational institution which is neither State-owned nor State-
related, nor State-aided, from drawing its enrollment entirely
20150HB0305PN0319 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
from members of one sex or from the sexes in any proportion, nor
shall anything herein contained prevent any educational
institution which is State-owned, State-related or State-aided
from requiring each applicant for admission to state in the
application for admission such applicant's sex to supplement and
implement the institution's facts for planning purposes but only
for such planning purposes and not for any discriminatory
purposes. For the purpose of this section the term "State-owned"
institution means the institutions comprising the State System
of Higher Education; the term "State-related" institutions means
the University of Pittsburgh, Temple University, Lincoln
University and the Pennsylvania State University; the term
"State-aided" institution means [the Delaware Valley College of
Science and Agriculture, Drexel University, Hahnemann
University, Thomas Jefferson University, the Medical College of
Pennsylvania, University of Pennsylvania, Pennsylvania College
of Podiatric Medicine, Pennsylvania College of Optometry,
Philadelphia College of Osteopathic Medicine, Philadelphia
College of Textiles and Science, and University of the Arts] a
post-secondary educational institution that receives a direct
Commonwealth appropriation.
* * *
(c) Except as provided in section 7.1, nothing contained in
this act shall be deemed to repeal or supersede any of the
provisions of any existing or hereafter adopted municipal
ordinance, municipal charter or of any law of this Commonwealth
relating to discrimination because of race, color, ancestry,
sexual orientation, gender identity or expression, age, sex,
religion, national origin or handicap or disability. As to acts
declared unlawful by section 4, the procedure provided in
20150HB0305PN0319 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
section 7.1 shall, when invoked, be exclusive. Any final
determination under section 7.1 shall exclude any other action,
civil or criminal, based on the same grievance without resorting
to the procedure provided in this act, and such complainant may
not subsequently resort to the procedure in this act. In the
event of a conflict between the interpretation of a provision of
this act and the interpretation of a similar provision contained
in any municipal ordinance, the interpretation of the provision
in this act shall apply to the municipal ordinance.
Section 2. This act shall take effect in 60 days.
20150HB0305PN0319 - 6 -
1
2
3
4
5
6
7
8
9
10