Regular Session 2023-2024 House Bill 0503 P.N. 1770

PRIOR PRINTER'S NO. 472

PRINTER'S NO. 1770

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

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 28, 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

status, marital status, family caregiver status, religious

creed, ancestry, age, sex, national origin, POLITICAL

AFFILIATION, 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,

POLITICAL AFFILIATION, handicap or disability, use of guide or

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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

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, POLITICAL AFFILIATION, 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, POLITICAL

AFFILIATION, 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

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different meaning clearly appears from the context:

* * *

(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, POLITICAL

AFFILIATION 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

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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 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, POLITICAL

AFFILIATION, 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

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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

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, POLITICAL AFFILIATION, 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, POLITICAL AFFILIATION, 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, POLITICAL AFFILIATION 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

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institution or organization for handicapped or disabled persons

from limiting or giving preference in employment or membership

to handicapped or disabled persons.

religious creed, ancestry, familial status, marital status,

family caregiver status, age, sex, national origin, POLITICAL

AFFILIATION, 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 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, POLITICAL

AFFILIATION, 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, POLITICAL

AFFILIATION, 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.

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(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, POLITICAL AFFILIATION 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

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, POLITICAL AFFILIATION, 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

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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, marital status, family caregiver

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

POLITICAL AFFILIATION, 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,

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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, POLITICAL AFFILIATION 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, marital

status, family caregiver status, age, religious creed, ancestry,

sex, national origin, POLITICAL AFFILIATION, 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

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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, POLITICAL AFFILIATION, 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

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, POLITICAL AFFILIATION, sex, age,

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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,

ancestry, national origin, POLITICAL AFFILIATION, 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

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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.

* * *

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

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race, color, familial status, marital status, family caregiver

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

POLITICAL AFFILIATION, 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,

marital status, family caregiver status, age, religious creed,

ancestry, sex, national origin, POLITICAL AFFILIATION, 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

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, POLITICAL AFFILIATION,

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

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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, marital status, family caregiver status, age,

religious creed, ancestry, sex, national origin, POLITICAL

AFFILIATION, 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, POLITICAL AFFILIATION 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

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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, POLITICAL AFFILIATION 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, marital status, family caregiver status, religious

creed, ancestry, national origin, POLITICAL AFFILIATION, 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

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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, POLITICAL

AFFILIATION, handicap or disability.

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, POLITICAL

AFFILIATION 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

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municipal ordinance.

* * *

Section 4. This act shall take effect in 60 days.

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