PRINTER'S NO. 472
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
503
Session of
2023
INTRODUCED BY GUENST, HANBIDGE, SANCHEZ, MADDEN, HILL-EVANS,
RABB, HOHENSTEIN, DELLOSO, WARREN, CERRATO AND N. NELSON,
MARCH 17, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2023
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 right to freedom from discrimination in
employment, housing and public accommodation, 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. Sections 2(a) and (b) and 3 of the act of October
27, 1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act, are amended to read:
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
status, marital status, family caregiver status, 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 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,
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.
(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
20230HB0503PN0472 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
* * *
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, marital
status, family caregiver 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. 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:
* * *
20230HB0503PN0472 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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. Sections 5(a), (b), (c), (f), (g) and (h), 5.3,
7(i), (j) and (k), 8 and 12(b) of the act are 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, 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
20230HB0503PN0472 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20230HB0503PN0472 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20230HB0503PN0472 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
* * *
(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.
(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, marital
status, family caregiver status, age, religious creed, ancestry,
sex, national origin or handicap or disability of any person,
20230HB0503PN0472 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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, marital status, family
caregiver status, age, religious creed, ancestry, sex, 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
20230HB0503PN0472 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
race, color, familial status, marital status, family caregiver
status, age, religious creed, ancestry, sex, 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
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, marital status, family caregiver status, age, religious
creed, ancestry, sex, 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
20230HB0503PN0472 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, marital
status, family caregiver status, age, religious creed, ancestry,
sex, 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, marital
status, family caregiver status, age, religious creed, ancestry,
sex, 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
20230HB0503PN0472 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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, familial status,
marital status, family caregiver status, religious creed,
ancestry, national origin, sex, 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, familial status,
marital status, family caregiver status, religious creed,
20230HB0503PN0472 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ancestry, national origin, sex, 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, marital status or family caregiver 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:
(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
20230HB0503PN0472 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
* * *
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, marital status, family caregiver
status, age, religious creed, ancestry, sex, 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
20230HB0503PN0472 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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,
marital status, family caregiver status, age, religious creed,
ancestry, sex, national origin, handicap or disability, or who
are guide or support animal dependent.
(c) Misrepresent, create or distort a circumstance,
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
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, marital status, family caregiver status, age, religious
creed, ancestry, sex, 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,
20230HB0503PN0472 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
familial status, marital status, family caregiver status, age,
religious creed, ancestry, sex, 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
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, marital status,
family caregiver status, religious creed, ancestry, age, sex,
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, marital status, family
caregiver status, religious creed, ancestry, age, sex, national
origin or handicap or disability.
20230HB0503PN0472 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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, marital status, family caregiver status, religious
creed, ancestry, national origin, age, sex, 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 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, marital status, family caregiver status, religious
creed, ancestry, age, sex, national origin, handicap or
disability.
20230HB0503PN0472 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, marital status, family caregiver status, religious
creed, ancestry, age, sex, 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 4. This act shall take effect in 60 days.
20230HB0503PN0472 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23