PRINTER'S NO. 320

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

307

Session of

2015

INTRODUCED BY COHEN, BISHOP, V. BROWN, BROWNLEE, FREEMAN,

McNEILL, O'BRIEN, SCHLOSSBERG AND McCARTER, FEBRUARY 3, 2015

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2015

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties," further providing for procedure and for

construction and exclusiveness of remedy.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 9(b) and 12(c) of the act of October 27,

Commission shall notify the complainant on a form promulgated by

the Commission and approved by the Commissioner of:

(i) the rights of the complainant under this act, including

the right to file a complaint in the courts of common pleas to

be heard before a jury;

(ii) the jurisdictional limitations of the Commission; and

(iii) any other provisions of this act, without

interpretation, that may apply to the complaint.

(2) The Commission, upon its own initiative, or Attorney

General, in like manner, may make, sign and file the complaint.

pleas under this act without first filing a complaint with the

other statute. Prosecution of the suit in a court of common

pleas under this act shall bar the filing of a complaint with

the Commission during the pendency of the suit . An action under

this subsection shall be filed within two years after the

alleged discriminatory action.

(4) A party to an action based upon a violation of this act

shall mail a copy of the initial pleadings or claims, amended

pleadings or claims, counterclaims, briefs and legal memoranda

to the Commission at the same time as filing the documents with

the court. Upon application to the court where the matter is

[(2)] (6) The Commission shall send a copy of the complaint

to the named respondent within thirty days from the date of

docketing the complaint, unless otherwise required by the Fair

Housing Act.

[(3)] (7) A respondent shall file a written, verified answer

to the complaint within thirty days of service of the complaint,

unless otherwise required by the Fair Housing Act. The

Commission, upon request of the respondent, may grant an

otherwise required by the Fair Housing Act.

(c) (1) In cases involving a claim of discrimination, if a

complainant invokes the procedures set forth in this act, that

individual's right of action in the courts of the Commonwealth

shall not be foreclosed. [If] Except as provided under section

9(b)(1), (2), (3) and (4), if within one (1) year after the

filing of a complaint with the Commission, the Commission

dismisses the complaint or has not entered into a conciliation

agreement to which the complainant is a party, the Commission

must so notify the complainant. On receipt of such a notice the

complainant shall be able to bring an action in the courts of

Commission at the time the complaint is filed in court. The

Commission shall notify the complainant of this requirement. A

complainant whose complaint of employment discrimination filed

with the Commission under this act is also filed with the Equal

Employment Opportunity Commission may, upon receipt of the

notice of a right to sue from the Equal Employment Opportunity

Commission, file a complaint in a court of common pleas under

the provisions of this act within the time limit to file the

(3) If the court finds that the respondent has engaged in or

any other legal or equitable relief as the court deems

appropriate. Back pay liability shall not accrue from a date

more than three years prior to the filing of a complaint

charging violations of this act.

(4) The court shall serve upon the Commission any final

order issued in any action brought under this subsection.

* * *

Section 2. This act shall take effect in 60 days.