AN ACT

 

1Amending the act of October 27, 1955 (P.L.744, No.222),
2entitled, as amended, "An act prohibiting certain practices
3of discrimination because of race, color, religious creed,
4ancestry, age or national origin by employers, employment
5agencies, labor organizations and others as herein defined;
6creating the Pennsylvania Human Relations Commission in the
7Governor's Office; defining its functions, powers and duties;
8providing for procedure and enforcement; providing for
9formulation of an educational program to prevent prejudice;
10providing for judicial review and enforcement and imposing
11penalties," further providing for findings and declaration of
12policy, for right to freedom from discrimination in
13employment, housing and public accommodation, for
14definitions, for unlawful discriminatory practices and for
15powers and duties of the commission.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Sections 2 and 3 of the act of October 27, 1955
19(P.L.744, No.222), amended December 20, 1991 (P.L.414, No.51),
20known as the Pennsylvania Human Relations Act, are amended to
21read:

22Section 2. Findings and Declaration of Policy.--

23(a) The practice or policy of discrimination against
24individuals or groups by reason of their race, color, familial

1status, religious creed, ancestry, age, sex, national origin,
2handicap or disability, matriculation, use of guide or support
3animals because of the blindness, deafness or physical handicap
4of the user or because the user is a handler or trainer of
5support or guide animals is a matter of concern of the
6Commonwealth. Such discrimination foments domestic strife and
7unrest, threatens the rights and privileges of the inhabitants
8of the Commonwealth, and undermines the foundations of a free
9democratic state. The denial of equal employment, housing and
10public accommodation opportunities because of such
11discrimination, and the consequent failure to utilize the
12productive capacities of individuals to their fullest extent,
13deprives large segments of the population of the Commonwealth of
14earnings necessary to maintain decent standards of living,
15necessitates their resort to public relief and intensifies group
16conflicts, thereby resulting in grave injury to the public
17health and welfare, compels many individuals to live in
18dwellings which are substandard, unhealthful and overcrowded,
19resulting in racial segregation in public schools and other
20community facilities, juvenile delinquency and other evils,
21thereby threatening the peace, health, safety and general
22welfare of the Commonwealth and its inhabitants.

23(b) It is hereby declared to be the public policy of this
24Commonwealth to foster the employment of all individuals in
25accordance with their fullest capacities regardless of their
26race, color, religious creed, ancestry, age, sex, national
27origin, handicap or disability, matriculation, use of guide or
28support animals because of the blindness, deafness or physical
29handicap of the user or because the user is a handler or trainer
30of support or guide animals, and to safeguard their right to

1obtain and hold employment without such discrimination, to
2assure equal opportunities to all individuals and to safeguard
3their rights to public accommodation and to secure housing
4accommodation and commercial property regardless of race, color,
5familial status, religious creed, ancestry, age, sex, national
6origin, handicap or disability, matriculation, use of guide or
7support animals because of blindness or deafness of the user or
8because the user is a handler or trainer of guide or support
9animals.

10(c) This act shall be deemed an exercise of the police power
11of the Commonwealth for the protection of the public welfare,
12prosperity, health and peace of the people of the Commonwealth
13of Pennsylvania.

14Section 3. Right to Freedom from Discrimination in
15Employment, Housing and Public Accommodation.--The opportunity
16for an individual to obtain employment for which he is
17qualified, and to obtain all the accommodations, advantages,
18facilities and privileges of any public accommodation and of any
19housing accommodation and commercial property without
20discrimination because of race, color, familial status,
21religious creed, ancestry, handicap or disability, age, sex,
22national origin, matriculation, the use of a guide or support
23animal because of the blindness, deafness or physical handicap
24of the user or because the user is a handler or trainer of
25support or guide animals is hereby recognized as and declared to
26be a civil right which shall be enforceable as set forth in this
27act.

28Section 2. Section 4 of the act is amended by adding a
29definition to read:

30Section 4. Definitions.--As used in this act unless a

1different meaning clearly appears from the context:

2* * *

3(bb) The term "matriculation" means the state of being
4enrolled in a postsecondary educational institution, including
5reasonable periods of time before and between periods of
6matriculation.

7Section 3. Sections 5(h)(1), (3) and (8)(i) and 7(i), (j)
8and (k) of the act, amended December 20, 1991 (P.L.414, No.51),
9are amended to read:

10Section 5. Unlawful Discriminatory Practices.--It shall be
11an unlawful discriminatory practice, unless based upon a bona
12fide occupational qualification, or in the case of a fraternal
13corporation or association, unless based upon membership in such
14association or corporation, or except where based upon
15applicable security regulations established by the United States
16or the Commonwealth of Pennsylvania:

17* * *

18(h) For any person to:

19(1) Refuse to sell, lease, finance or otherwise to deny or
20withhold any housing accommodation from any person because of 
21matriculation status, or refuse to sell, lease, finance or 
22otherwise deny or withhold any housing accommodation or
23commercial property from any person because of the race, color,
24familial status, age, religious creed, ancestry, sex, national
25origin or handicap or disability of any person, prospective
26owner, occupant or user of such housing accommodation or
27commercial property, or to refuse to lease any housing
28accommodation or commercial property to any person due to use of
29a guide animal because of the blindness or deafness of the user,
30use of a support animal because of a physical handicap of the

1user or because the user is a handler or trainer of support or
2guide animals or because of the handicap or disability of an
3individual with whom the person is known to have a relationship
4or association.

5* * *

6(3) Discriminate against any person in the terms or
7conditions of selling or leasing any housing accommodation or
8commercial property or in furnishing facilities, services or
9privileges in connection with the ownership, occupancy or use of
10any housing accommodation or commercial property because of the
11race, color, familial status, age, religious creed, ancestry,
12sex, national origin, handicap or disability of any person,
13matriculation, the use of a guide or support animal because of
14the blindness, deafness or physical handicap of the user or
15because the user is a handler or trainer of support or guide
16animals or because of the handicap or disability of an
17individual with whom the person is known to have a relationship
18or association.

19* * *

20(8) Discriminate in real estate-related transactions, as
21described by and subject to the following:

22(i) It shall be unlawful for any person or other entity
23whose business includes engaging in real estate-related
24transactions to discriminate against any person in making
25available such a transaction or in the terms or conditions of
26such a transaction because of race, color, religious creed,
27ancestry, national origin, sex, age, handicap or disability,
28matriculation, use of a guide or support animal because of a
29physical handicap or because the user is a handler or trainer of
30guide or support animals or familial status.

1* * *

2Section 7. Powers and Duties of the Commission.--The
3Commission shall have the following powers and duties:

4* * *

5(i) To create such advisory agencies and conciliation
6councils, local or state-wide, as will aid in effectuating the
7purposes of this act. The Commission may itself or it may
8empower these agencies and councils to (1) study the problems of
9discrimination in all or specific fields of human relationships
10when based on race, color, familial status, religious creed,
11ancestry, age, sex, national origin [or], handicap or
12disability[,] or matriculation, and (2) foster, through
13community effort or otherwise, good will among the groups and
14elements of the population of the State. Such agencies and
15councils may make recommendations to the Commission for the
16development of policies and procedure in general. Advisory
17agencies and conciliation councils created by the Commission
18shall be composed of representative citizens, serving without
19pay, but the Commission may make provision for technical and
20clerical assistance to such agencies and councils, and for the
21payment of the expenses of such assistance.

22(j) To issue such publications and such results of
23investigations and research as, in its judgment, will tend to
24promote good will and minimize or eliminate discrimination
25because of race, color, familial status, religious creed,
26ancestry, age, sex, national origin [or], handicap or disability
27or matriculation.

28(k) To submit an annual report for each fiscal year by the
29following March 31 to the General Assembly, the Labor and
30Industry Committee of the Senate and the State Government

1Committee of the House of Representatives and the Governor
2describing in detail the types of complaints received, the
3investigations, status of cases, Commission action which has
4been taken, how many were found to have probable cause, how many
5were resolved by public hearing and the length of time from the
6initial complaint to final Commission resolution. It shall also
7contain recommendations for such further legislation concerning
8abuses and discrimination because of race, color, familial
9status, religious creed, ancestry, national origin, age, sex,
10handicap or disability, matriculation or the use of a guide or
11support animal because of the blindness, deafness or physical
12handicap of the user or because the user is a handler or trainer
13of support or guide animals, as may be desirable.

14Section 4. This act shall take effect in 60 days.