PRINTER'S NO. 1590

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1025

Session of

2019

INTRODUCED BY MADDEN, CIRESI, COMITTA, DALEY, A. DAVIS, DAWKINS,

DEASY, DERMODY, DONATUCCI, FITZGERALD, FLYNN, FRANKEL,

FREEMAN, HILL-EVANS, INNAMORATO, ISAACSON, KINSEY, KIRKLAND,

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 for unlawful

discriminatory practices.

different meaning clearly appears from the context:

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(b) The term "employer" includes the Commonwealth or any

political subdivision or board, department, commission or school

district thereof and any person employing [four] one or more

persons within the Commonwealth, but except as hereinafter

provided, does not include religious, fraternal, charitable or

sectarian corporations or associations, except such corporations

or associations supported, in whole or in part, by governmental

appropriations. The term "employer" with respect to

employed in agriculture or in the domestic service of any

person, (2) any individuals who, as a part of their employment,

reside in the personal residence of the employer, (3) any

individual employed by said individual's parents, spouse or

child.] means an individual subject to an employer's power to

control the nature and parameters of the individual's

activities, including hiring, firing, training, scheduling,

directing work and proscribing the manner in which the work

should be completed. The term does not include:

(1) any person who is subject to the provisions governing

any of the professions and occupations regulated by State

licensing laws enforced by the Bureau of Professional and

Occupational Affairs in the Department of State, or is included

in the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et

seq.)[.]; or

(2) a person, other than an employe, who performs a service

for remuneration under a contract, written or oral, express or

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 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

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

religious beliefs, practices, or observances of the

corporation, or association.

firing of an individual in the home or personal residence of

an employer in a personal or confidential capacity.

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Section 2. This act shall take effect in 90 days.