PRINTER'S NO. 420
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
383
Session of
2015
INTRODUCED BY SNYDER, J. HARRIS, SCHLOSSBERG, DAVIS, O'BRIEN,
MACKENZIE, MATZIE, COHEN, C. PARKER, SCHWEYER, THOMAS,
BROWNLEE, YOUNGBLOOD, STURLA, W. KELLER, V. BROWN, CARROLL,
READSHAW, MURT, FRANKEL, DONATUCCI, SAMUELSON, PASHINSKI,
KORTZ, HARKINS, KINSEY, McCARTER, GIBBONS AND FREEMAN,
FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 9, 2015
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222),
entitled, as amended, "An act prohibiting certain practices
of discrimination because of race, color, religious creed,
ancestry, age or national origin by employers, employment
agencies, labor organizations and others as herein defined;
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 findings and declaration of
policy, for definitions and for unlawful discriminatory
practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(b) of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, amended December 20, 1991 (P.L.414, No.51), is amended to
read:
Section 2. Findings and Declaration of Policy.--
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(b) It is hereby declared to be the public policy of this
Commonwealth to foster the employment of all individuals in
accordance with their fullest capacities regardless of their
race, color, religious creed, familial status, marital status,
family caregiver status, ancestry, age, sex, national origin,
handicap or disability, use of guide or support animals because
of the blindness, deafness or physical handicap of the user or
because the user is a handler or trainer of support or guide
animals, and to safeguard their right to obtain and hold
employment without such discrimination, to assure equal
opportunities to all individuals and to safeguard their rights
to public accommodation and to secure housing accommodation and
commercial property regardless of race, color, familial status,
religious creed, ancestry, age, sex, national origin, handicap
or disability, use of guide or support animals because of
blindness or deafness of the user or because the user is a
handler or trainer of guide or support animals.
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Section 2. Section 4 of the act is amended by adding
clauses to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
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(bb) The term "family caregiver status" means a person who
provides medical or supervisory care to a person related to the
caregiver by blood, legal custody or marriage.
(cc) The term "marital status" means whether a person is
single, married, divorced, separated or widowed.
Section 3. Section 5(a), (b), (c), (f) and (g) of the act,
amended December 20, 1991 (P.L.414, No.51), are amended to read:
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Section 5. Unlawful Discriminatory Practices.--It shall be
an unlawful discriminatory practice, unless based upon a bona
fide occupational qualification, or in the case of a fraternal
corporation or association, unless based upon membership in such
association or corporation, or except where based upon
applicable security regulations established by the United States
or the Commonwealth of Pennsylvania:
(a) For any employer because of the race, color, religious
creed, ancestry, familial status, marital status, family
caregiver status, age, sex, national origin or non-job related
handicap or disability or the use of a guide or support animal
because of the blindness, deafness or physical handicap of any
individual or independent contractor, to refuse to hire or
employ or contract with, or to bar or to discharge from
employment such individual or independent contractor, or to
otherwise discriminate against such individual or independent
contractor with respect to compensation, hire, tenure, terms,
conditions or privileges of employment or contract, if the
individual or independent contractor is the best able and most
competent to perform the services required. The provision of
this paragraph shall not apply, to (1) operation of the terms or
conditions of any bona fide retirement or pension plan which
have the effect of a minimum service requirement, (2) operation
of the terms or conditions of any bona fide group or employe
insurance plan, (3) age limitations placed upon entry into bona
fide apprenticeship programs of two years or more approved by
the State Apprenticeship and Training Council of the Department
of Labor and Industry, established by the act of July 14, 1961
(P.L.604, No.304), known as "The Apprenticeship and Training
Act." Notwithstanding any provision of this clause, it shall not
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be an unlawful employment practice for a religious corporation
or association to hire or employ on the basis of sex in those
certain instances where sex is a bona fide occupational
qualification because of the religious beliefs, practices, or
observances of the corporation, or association.
(b) For any employer, employment agency or labor
organization, prior to the employment, contracting with an
independent contractor or admission to membership, to:
(1) Elicit any information or make or keep a record of or
use any form of application or application blank containing
questions or entries concerning the race, color, religious
creed, ancestry, familial status, marital status, family
caregiver status, age, sex, national origin, past handicap or
disability or the use of a guide or support animal because of
the blindness, deafness or physical handicap of any applicant
for employment or membership. Prior to an offer of employment,
an employer may not inquire as to whether an individual has a
handicap or disability or as to the severity of such handicap or
disability. Prior to an offer of employment, an employer may not
inquire as to whether an individual intends to have a child. An
employer may inquire as to the individual's ability to perform
the essential functions of the employment.
(2) Print or publish or cause to be printed or published any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification or
discrimination based upon race, color, religious creed,
ancestry, age, sex, national origin, non-job related handicap or
disability or the use of a guide or support animal because of
the blindness, deafness or physical handicap of the user.
(3) Deny or limit, through a quota system, employment or
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membership because of race, color, religious creed, ancestry,
familial status, marital status, family caregiver status, age,
sex, national origin, non-job related handicap or disability,
the use of a guide or support animal because of the blindness,
deafness or physical handicap of the user or place of birth.
(4) Substantially confine or limit recruitment or hiring of
individuals, with intent to circumvent the spirit and purpose of
this act, to any employment agency, employment service, labor
organization, training school or training center or any other
employe-referring source which services individuals who are
predominantly of the same race, color, religious creed,
ancestry, familial status, marital status, family caregiver
status, age, sex, national origin or non-job related handicap or
disability.
(5) Deny employment because of a prior handicap or
disability.
Nothing in clause (b) of this section shall bar any
institution or organization for handicapped or disabled persons
from limiting or giving preference in employment or membership
to handicapped or disabled persons.
(c) For any labor organization because of the race, color,
religious creed, ancestry, familial status, marital status,
family caregiver status, age, sex, national origin, non-job
related handicap or disability or the use of a guide or support
animal because of the blindness, deafness or physical handicap
of any individual to deny full and equal membership rights to
any individual or otherwise to discriminate against such
individuals with respect to hire, tenure, terms, conditions or
privileges of employment or any other matter, directly or
indirectly, related to employment.
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(f) For any employment agency to fail or refuse to classify
properly, refer for employment or otherwise to discriminate
against any individual because of his race, color, religious
creed, ancestry, familial status, marital status, family
caregiver status, age, sex, national origin, non-job related
handicap or disability or the use of a guide or support animal
because of the blindness, deafness or physical handicap of the
user.
(g) For any individual seeking employment to publish or
cause to be published any advertisement which in any manner
expresses a limitation or preference as to the race, color,
religious creed, ancestry, familial status, marital status,
family caregiver status, age, sex, national origin, non-job
related handicap or disability or the use of a guide or support
animal because of the blindness, deafness or physical handicap
of any prospective employer.
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Section 4. This act shall take effect in 60 days.
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