PRINTER'S NO. 1950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1316
Session of
2015
INTRODUCED BY BROWNE, JUNE 21, 2016
REFERRED TO STATE GOVERNMENT, JUNE 21, 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, for right to freedom from
discrimination in employment, and housing and public
accommodation, for definitions and for unlawful
discriminatory practices; providing for protection of
religious exercise; and further providing for powers and
duties of 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,
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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
individuals to live in dwellings which are substandard,
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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, 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.
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(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, 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.
(c) This act shall be deemed an exercise of the police power
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,
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
Housing.--The opportunity for an individual to obtain all the
accommodations, advantages, facilities and privileges of any
housing accommodation and commercial property without
discrimination because of race, color, familial status,
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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, 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 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.
Section 4. Section 5(i) of the act, amended December 20,
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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:
* * *
(i) For any person being the owner, lessee, proprietor,
manager, superintendent, agent or employe of any public
accommodation, resort or amusement to:
(1) Refuse, withhold from, or deny to any person because of
[his] race, color, sex, sexual orientation, gender identity or
expression, religious creed, ancestry, national origin or
handicap or disability, or to any person due to 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, either directly or indirectly, any
of the accommodations, advantages, facilities or privileges of
such public accommodation, resort or amusement.
(2) Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication,
notice or advertisement to the effect that any of the
accommodations, advantages, facilities and privileges of any
such place shall be refused, withheld from or denied to any
person on account of race, color, religious creed, sex, sexual
orientation, gender identity or expression, ancestry, national
origin or handicap or disability, or to any person due to use of
a guide or support animal because of the blindness, deafness or
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physical handicap of the user, or because the user is a handler
or trainer of support or guide animals, or that the patronage or
custom thereat of any person[, belonging to or purporting to be
of any particular] because of race, color, religious creed, sex,
sexual orientation, gender identity or expression, ancestry,
national origin or handicap or disability, or to any person due
to 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 unwelcome,
objectionable or not acceptable, desired or solicited.
(3) Exclude or otherwise deny equal goods, services,
facilities, privileges, advantages, accommodations or other
opportunities to a person because of the handicap or disability
of an individual with whom the person is known to have a
relationship or association.
(4) Construct, operate or otherwise make available such
place of public accommodation, resort or amusement which is not
accessible.
* * *
Section 5. The act is amended by adding a section to read:
Section 5.4. Protection of Religious Exercise.--(a) Nothing
contained in this act, or in any ordinance, charter, law or
regulation that is or has been adopted by any political
subdivision in this Commonwealth in accordance with this act,
shall be interpreted to:
(1) Prohibit any religious entity from determining the
tenets of its faith, or from expressing those tenets, if such
prohibition would violate the freedom of speech or free exercise
of religion guaranteed to the religious entity by the
Constitution of the United States or the Constitution of
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Pennsylvania.
(2) Require any individual or religious entity to engage in
conduct prohibited by or inconsistent with the tenets of its
faith, if such requirement would violate the free exercise of
religion guaranteed to the individual or religious entity by the
Constitution of the United States or the Constitution of
Pennsylvania.
(b) As used in this section, the term "religious entity"
means 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.
Section 6. Section 7(i), (j) and (k) of the act, amended
December 20, 1991 (P.L.414, No.51), are amended to read:
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
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
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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
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 7. Section 8 of the act, amended July 12, 1996
(P.L.684, No.117), is amended to read:
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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 8. 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
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
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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 9. This act shall take effect in 30 days.
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