PRINTER'S NO. 226
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
41
Session of
2015
INTRODUCED BY SMITH, BLAKE, WOZNIAK, TEPLITZ, BREWSTER, FONTANA,
BOSCOLA, HUGHES, COSTA, FARNESE AND RAFFERTY,
JANUARY 27, 2015
REFERRED TO LABOR AND INDUSTRY, JANUARY 27, 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 definitions; and expanding
protection from unlawful discriminatory practices to
pregnancy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended by adding a clause to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(bb) The term "pregnancy" means women affected by pregnancy,
childbirth or related medical conditions.
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Section 2. Section 5(a) of the act, amended December 20,
1991 (P.L.414, No.51), is amended to read:
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, age, sex, national origin or non-job related
handicap or disability or pregnancy 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
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Act." Notwithstanding any provision of this clause, it shall not
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.
* * *
Section 3. This act shall take effect in 60 days.
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