Regular Session 2015-2016 Senate Bill 1307 P.N. 1909

PRINTER'S NO. 1909

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1307

Session of

2015

INTRODUCED BY BROWNE, JUNE 10, 2016

REFERRED TO URBAN AFFAIRS AND HOUSING, JUNE 10, 2016

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 the title of the act, for

findings and declaration of policy and for right to freedom

from discrimination in employment, housing and public

accommodation; providing for right to freedom from

discrimination in employment and for right to freedom from

discrimination in public accommodation; and further providing

for definitions, for unlawful discriminatory practices, for

prohibition of certain real estate practices, for powers and

duties of the commission, for educational program and for

construction and exclusiveness of remedy.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title and sections 2 and 3 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),

are amended to read:

AN ACT

Prohibiting certain practices of discrimination because of race,

color, religious creed, ancestry, sex, sexual orientation,

gender identity or expression, 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.

Section 2. Findings and Declaration of Policy.--

(a) The practice or policy of discrimination against

individuals or groups by reason of their race, color, familial

status, religious creed, ancestry, age, sex, sexual orientation,

gender identity or expression, 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 is

a matter of concern of the Commonwealth. Such discrimination

foments domestic strife and unrest, threatens the rights and

privileges of the inhabitants of the Commonwealth, and

undermines the foundations of a free democratic state. The

denial of equal employment, housing and public accommodation

opportunities because of such discrimination, and the consequent

failure to utilize the productive capacities of individuals to

their fullest extent, deprives large segments of the population

of the Commonwealth of earnings necessary to maintain decent

standards of living, necessitates their resort to public relief

and intensifies group conflicts, thereby resulting in grave

injury to the public health and welfare, compels many

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individuals to live in dwellings which are substandard,

unhealthful and overcrowded, resulting in racial segregation in

public schools and other community facilities, juvenile

delinquency and other evils, thereby threatening the peace,

health, safety and general welfare of the Commonwealth and its

inhabitants. Public policies, reflecting an open and welcoming

environment and ensuring equal opportunity, foster economic

growth and prosperity which benefit the inhabitants of this

Commonwealth. Conversely, the absence of nondiscrimination

protections hinder efforts to recruit and retain the diversity

of talented individuals and successful enterprises required for

a thriving economy and strong public sector on which the

inhabitants of this Commonwealth depend.

(b) It is hereby declared to be the public policy of this

Commonwealth [to]:

(1) To foster the employment of all individuals in

accordance with their fullest capacities regardless of their

race, color, religious creed, 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].

(2) 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

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animals.

(3) To assure equal opportunities to all individuals and to

safeguard their rights to secure housing accommodation and

commercial property regardless of race, color, familial status,

religious creed, ancestry, age, sex, sexual orientation, gender

identity or expression, 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.

of the Commonwealth for the protection of the public welfare,

prosperity, health and peace of the people of the Commonwealth

of Pennsylvania.

Section 3. Right to Freedom from Discrimination in

[Employment,] Housing [and Public Accommodation].--The

opportunity for an individual [to obtain employment for which he

is qualified, and] to obtain all the accommodations, advantages,

facilities and privileges [of any public accommodation and] of

any housing accommodation and commercial property without

discrimination because of race, color, familial status,

religious creed, ancestry, handicap or disability, age, sex,

sexual orientation, gender identity or expression, national

origin, the use of a guide or support animal 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 is

hereby recognized as and declared to be a civil right which

shall be enforceable as set forth in this act.

Section 2. The act is amended by adding sections to read:

Section 3.1. Right to Freedom from Discrimination in

Employment.--The opportunity for an individual to obtain

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employment for which he is qualified without discrimination

because of race, color, familial status, religious creed,

ancestry, handicap or disability, age, sex, national origin, the

use of a guide or support animal 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 is hereby

recognized as and declared to be a civil right which shall be

enforceable as set forth in this act.

Section 3.2. Right to Freedom from Discrimination in Public

Accommodation.--The opportunity for an individual to obtain all

the accommodations, advantages, facilities and privileges of any

public accommodation without discrimination because of race,

color, familial status, religious creed, ancestry, handicap or

disability, age, sex, national origin, the use of a guide or

support animal 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 is hereby recognized as and declared

to be a civil right which shall be enforceable as set forth in

this act.

Section 3. Section 4 of the act is amended by adding

subsections to read:

Section 4. Definitions.--As used in this act unless a

different meaning clearly appears from the context:

* * *

(bb) The term "sexual orientation" means heterosexuality,

homosexuality or bisexuality.

(cc) The term "gender identity or expression" means the

gender-related identity, appearance, mannerisms, expression or

other gender-related characteristics of an individual regardless

of the individual's designated sex at birth.

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Section 4. Section 5(h) of the act, amended December 20,

1991 (P.L.414, No.51), July 12, 1996 (P.L.684, No.117) and June

25, 1997 (P.L.326, No.34), 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:

* * *

(h) For any person to:

(1) Refuse to sell, lease, finance or otherwise to deny or

withhold any housing accommodation or commercial property from

any person because of the race, color, familial status, age,

religious creed, ancestry, sex, sexual orientation, gender

identity or expression, national origin or handicap or

disability of any person, prospective owner, occupant or user of

such housing accommodation or commercial property, or to refuse

to lease any housing accommodation or commercial property to any

person due to use of a guide animal because of the blindness or

deafness of the user, use of a support animal because of a

physical handicap of the user or because the user is a handler

or trainer of support or guide animals or because of the

handicap or disability of an individual with whom the person is

known to have a relationship or association.

(1.1) Evict or attempt to evict an occupant of any housing

accommodation before the end of the term of a lease because of

pregnancy or the birth of a child.

(2) Refuse to lend money, whether or not secured by mortgage

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or otherwise for the acquisition, construction, rehabilitation,

repair or maintenance of any housing accommodation or commercial

property or otherwise withhold financing of any housing

accommodation or commercial property from any person because of

the race, color, familial status, age, religious creed,

ancestry, sex, sexual orientation, gender identity or

expression, national origin, handicap or disability of any

person, the use of a guide or support animal 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 or

because of the handicap or disability of an individual with whom

the person is known to have a relationship or association.

(3) Discriminate against any person in the terms or

conditions of selling or leasing any housing accommodation or

commercial property or in furnishing facilities, services or

privileges in connection with the ownership, occupancy or use of

any housing accommodation or commercial property because of the

race, color, familial status, age, religious creed, ancestry,

sex, sexual orientation, gender identity or expression, national

origin, handicap or disability of any person, the use of a guide

or support animal 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 or because of the handicap or

disability of an individual with whom the person is known to

have a relationship or association.

(3.1) Refuse to permit, at the expense of a person with a

handicap, reasonable modifications of existing premises occupied

or to be occupied by such person if such modifications may be

necessary to afford such person full enjoyment of the premises,

except that, in the case of a rental, the landlord may, where it

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is reasonable to do so, grant permission for a modification if

the renter agrees to restore the interior of the premises to the

condition that existed before the modification, with reasonable

wear and tear excepted.

(3.2) Refuse to make reasonable accommodations in rules,

policies, practices or services when such accommodations may be

necessary to afford such person equal opportunity to use and

enjoy a housing accommodation.

(4) Discriminate against any person in the terms or

conditions of any loan of money, whether or not secured by

mortgage or otherwise for the acquisition, construction,

rehabilitation, repair or maintenance of housing accommodation

or commercial property because of the race, color, familial

status, age, religious creed, ancestry, sex, sexual orientation,

gender identity or expression, national origin or handicap or

disability of any person, the use of a guide or support animal

because of the blindness, deafness or physical handicap of the

user or because the user is a handler or trainer of guide or

support animals or because of the handicap or disability of an

individual with whom the person is known to have a relationship

or association.

(5) Print, publish or circulate any statement or

advertisement: (i) relating to the sale, lease or acquisition of

any housing accommodation or commercial property or the loan of

money, whether or not secured by mortgage, or otherwise for the

acquisition, construction, rehabilitation, repair or maintenance

of any housing accommodation or commercial property which

indicates any preference, limitation, specification, or

discrimination based upon race, color, familial status, age,

religious creed, ancestry, sex, sexual orientation, gender

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identity or expression, national origin, handicap or disability

or because of the handicap or disability of an individual with

whom the person is known to have a relationship or association,

or (ii) relating to the sale, lease or acquisition of any

housing accommodation or commercial property which indicates any

preference, limitation, specification or discrimination based

upon use of a guide or support animal 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.

(6) Make any inquiry, elicit any information, make or keep

any record or use any form of application, containing questions

or entries concerning race, color, familial status, age,

religious creed, ancestry, sex, sexual orientation, gender

identity or expression, national origin, handicap or disability

or because of the handicap or disability of an individual with

whom the person is known to have a relationship or association

in connection with the sale or lease of any housing

accommodation or commercial property or loan of any money,

whether or not secured by mortgage or otherwise for the

acquisition, construction, rehabilitation, repair or maintenance

of any housing accommodation or commercial property, or to make

any inquiry, elicit any information, make or keep any record or

use any form of application, containing questions or entries

concerning the use of a guide or support animal 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, in

connection with the lease of any housing accommodation or

commercial property.

(7) Construct, operate, offer for sale, lease or rent or

otherwise make available housing or commercial property which is

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not accessible.

(8) Discriminate in real estate-related transactions, as

described by and subject to the following:

(i) It shall be unlawful for any person or other entity

whose business includes engaging in real estate-related

transactions to discriminate against any person in making

available such a transaction or in the terms or conditions of

such a transaction because of race, color, religious creed,

ancestry, national origin, sex, sexual orientation, gender

identity or expression, age, handicap or disability, use of a

guide or support animal because of a physical handicap or

because the user is a handler or trainer of guide or support

animals or familial status.

(ii) Nothing in this act prohibits a person engaged in the

business of furnishing appraisals of real property to take into

consideration factors other than race, color, religious creed,

ancestry, national origin, sex, sexual orientation, gender

identity or expression, age, handicap or disability, use of a

guide or support animal because of a physical handicap or

because the user is a handler or trainer of guide or support

animals or familial status.

(9) Nothing in this clause, regarding age or familial

status, shall apply with respect to housing for older persons. A

person shall not be held personally liable for monetary damages

for a violation of this act if the person reasonably relied, in

good faith, on the application of the exemption of this

subclause. A person may only prove good faith reliance on the

application of the exemption of this subclause by proving that

at the time of the act complained of all of the following

applied:

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(i) The person had no actual knowledge that the housing was

not eligible for exemption under this subclause.

(ii) The owner or manager of the housing had stated

formally, in writing, that the housing complied with the

requirements for exemption under this subclause.

(10) Nothing in this clause shall bar any religious or

denominational institution or organization or any charitable or

educational organization which is operated, supervised or

controlled by or in connection with a religious organization or

any bona fide private or fraternal organization from giving

preference to persons of the same religion or denomination or to

members of such private or fraternal organization or from making

such selection as is calculated by such organization to promote

the religious principles or the aims, purposes or fraternal

principles for which it is established or maintained. Nor shall

it apply to the rental of rooms in a landlord-occupied rooming

house with a common entrance, nor with respect to discrimination

based on sex, the advertising, rental or leasing of housing

accommodations in a single-sex dormitory or rooms in one's

personal residence in which common living areas are shared.

(11) Nothing in this act limits the applicability of the

Fair Housing Act and reasonable State or local restrictions on

the maximum number of occupants permitted to occupy a dwelling

or a reasonable restriction relating to health or safety

standards or business necessity. Owners and managers of

dwellings may develop and implement reasonable occupancy and

safety standards based on factors such as the number and size of

sleeping areas or bedrooms and the overall size of a dwelling

unit so long as the standards do not violate the Fair Housing

Act or State or local restrictions.

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* * *

Section 5. Sections 5.3 and 7(i), (j) and (k) of the act,

amended December 20, 1991 (P.L.414, No.51), are amended to read:

Section 5.3. Prohibition of Certain Real Estate Practices.--

It shall be an unlawful discriminatory practice for any person

to:

(a) Induce, solicit or attempt to induce or solicit for

commercial profit any listing, sale or transaction involving any

housing accommodation or commercial property by representing

that such housing accommodation or commercial property is within

any neighborhood, community or area adjacent to any other area

in which there reside, or do not reside, persons of a particular

race, color, familial status, age, religious creed, ancestry,

sex, sexual orientation, gender identity or expression, national

origin, handicap or disability, or who are guide or support

animal dependent.

(b) Discourage, or attempt to discourage, for commercial

profit, the purchase or lease of any housing accommodation or

commercial property by representing that such housing

accommodation or commercial property is within any neighborhood,

community or area adjacent to any other area in which there

reside, or may in the future reside in increased or decreased

numbers, persons of a particular race, color, familial status,

age, religious creed, ancestry, sex, sexual orientation, gender

identity or expression, national origin, handicap or disability,

or who are guide or support animal dependent.

condition or incident for the purpose of fostering the

impression or belief, on the part of any owner, occupant or

prospective owner or occupant of any housing accommodation or

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commercial property, that such housing accommodation or

commercial property is within any neighborhood, community or

area adjacent to any other area which would be adversely

impacted by the residence, or future increased or decreased

residence, of persons of a particular race, color, familial

status, age, religious creed, ancestry, sex, sexual orientation,

gender identity or expression, national origin, handicap or

disability, or who are guide or support animal dependent within

such neighborhood, community or area.

(d) In any way misrepresent or otherwise misadvertise within

a neighborhood or community, whether or not in writing, that any

housing accommodation or commercial property within such

neighborhood or community is available for inspection, sale,

lease, sublease or other transfer, in any context where such

misrepresentation or misadvertising would have the effect of

fostering an impression or belief that there has been or will be

an increase in real estate activity within such neighborhood or

community due to the residence, or anticipated increased or

decreased residence, of persons of a particular race, color,

familial status, age, religious creed, ancestry, sex, sexual

orientation, gender identity or expression, national origin,

handicap or disability, or the use of a guide or support animal

because of the blindness, deafness or physical handicap of the

user.

Section 7. Powers and Duties of the Commission.--The

Commission shall have the following powers and duties:

* * *

(i) To create such advisory agencies and conciliation

councils, local or state-wide, as will aid in effectuating the

purposes of this act. The Commission may itself or it may

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empower these agencies and councils to (1) study the problems of

discrimination in all or specific fields of human relationships

when based on race, color, familial status, religious creed,

ancestry, age, sex, sexual orientation, gender identity or

expression, national origin or handicap or disability, and (2)

foster, through community effort or otherwise, good will among

the groups and elements of the population of the State. Such

agencies and councils may make recommendations to the Commission

for the development of policies and procedure in general.

Advisory agencies and conciliation councils created by the

Commission shall be composed of representative citizens, serving

without pay, but the Commission may make provision for technical

and clerical assistance to such agencies and councils, and for

the payment of the expenses of such assistance.

(j) To issue such publications and such results of

investigations and research as, in its judgment, will tend to

promote good will and minimize or eliminate discrimination

because of race, color, familial status, religious creed,

ancestry, age, sex, sexual orientation, gender identity or

expression, national origin or handicap or disability.

(k) To submit an annual report for each fiscal year by the

following March 31 to the General Assembly, the Labor and

Industry Committee of the Senate and the State Government

Committee of the House of Representatives and the Governor

describing in detail the types of complaints received, the

investigations, status of cases, Commission action which has

been taken, how many were found to have probable cause, how many

were resolved by public hearing and the length of time from the

initial complaint to final Commission resolution. It shall also

contain recommendations for such further legislation concerning

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abuses and discrimination because of race, color, familial

status, religious creed, ancestry, national origin, age, sex,

sexual orientation, gender identity or expression, handicap or

disability or the use of a guide or support animal 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, as may be desirable.

* * *

Section 6. Section 8 of the act, amended July 12, 1996

(P.L.684, No.117), is amended to read:

Section 8. Educational Program.--The Commission, in

cooperation with the Department of Education, is authorized to

recommend a multicultural educational program, designed for the

students of the schools in this Commonwealth and for all other

residents thereof, with emphasis on foreign cultural and

language studies, as well as on the basic shared precepts and

principles of United States culture, in order to promote

cultural understanding and appreciation and to further good will

among all persons, without regard to race, color, familial

status, religious creed, ancestry, age, sex, sexual orientation,

gender identity or expression, national origin, handicap or

disability.

Section 7. Section 12(b) of the act, amended December 20,

1991 (P.L.414, No.51), is amended to read:

Section 12. Construction and Exclusiveness of Remedy.--

* * *

(b) Except as provided in subsection (c), 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

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relating to discrimination because of race, color, familial

status, religious creed, ancestry, age, sex, sexual orientation,

gender identity or expression, national origin or handicap or

disability, but as to acts declared unlawful by section five of

this act the procedure herein provided shall, when invoked, be

exclusive and the final determination therein shall exclude any

other action, civil or criminal, based on the same grievance of

the complainant concerned. If the complainant institutes any

action based on such grievance without resorting to the

procedure provided in this act, such complainant may not

subsequently resort to the procedure herein. 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 such municipal ordinance.

* * *

Section 8. This act shall take effect in 30 days.

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