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                                                       PRINTER'S NO. 838

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 761 Session of 2007


        INTRODUCED BY BROWNE, HUGHES, LAVALLE, BOSCOLA, COSTA, FONTANA,
           FERLO, TARTAGLIONE, MELLOW, ERICKSON, STOUT, C. WILLIAMS,
           McILHINNEY, KITCHEN, WASHINGTON, FUMO, A. WILLIAMS, O'PAKE,
           WOZNIAK, DINNIMAN AND STACK, APRIL 12, 2007

        REFERRED TO JUDICIARY, APRIL 12, 2007

                                     AN ACT

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

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  The title and sections 2 and 3 of the act of
    21  October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
    22  Human Relations Act, amended December 20, 1991 (P.L.414, No.51),
    23  are amended to read:
    24                               AN ACT


     1  Prohibiting certain practices of discrimination because of race,
     2     color, religious creed, ancestry, sexual orientation, gender
     3     identity or expression, age or national origin, by employers,
     4     employment agencies, labor organizations and others as herein
     5     defined; creating the Pennsylvania Human Relations Commission
     6     in the Governor's Office; defining its functions, powers and
     7     duties; providing for procedure and enforcement; providing
     8     for formulation of an educational program to prevent
     9     prejudice; providing for judicial review and enforcement and
    10     imposing penalties.
    11     Section 2.  Findings and Declaration of Policy.--
    12     (a)  The practice or policy of discrimination against
    13  individuals or groups by reason of their race, color, familial
    14  status, religious creed, ancestry, sexual orientation, gender
    15  identity or expression, age, sex, national origin, handicap or
    16  disability, use of guide or support animals because of the
    17  blindness, deafness or physical handicap of the user or because
    18  the user is a handler or trainer of support or guide animals is
    19  a matter of concern of the Commonwealth. Such discrimination
    20  foments domestic strife and unrest, threatens the rights and
    21  privileges of the inhabitants of the Commonwealth, and
    22  undermines the foundations of a free democratic state. The
    23  denial of equal employment, housing and public accommodation
    24  opportunities because of such discrimination, and the consequent
    25  failure to utilize the productive capacities of individuals to
    26  their fullest extent, deprives large segments of the population
    27  of the Commonwealth of earnings necessary to maintain decent
    28  standards of living, necessitates their resort to public relief
    29  and intensifies group conflicts, thereby resulting in grave
    30  injury to the public health and welfare, compels many
    20070S0761B0838                  - 2 -     

     1  individuals to live in dwellings which are substandard,
     2  unhealthful and overcrowded, resulting in racial segregation in
     3  public schools and other community facilities, juvenile
     4  delinquency and other evils, thereby threatening the peace,
     5  health, safety and general welfare of the Commonwealth and its
     6  inhabitants.
     7     (b)  It is hereby declared to be the public policy of this
     8  Commonwealth to foster the employment of all individuals in
     9  accordance with their fullest capacities regardless of their
    10  race, color, religious creed, ancestry, sexual orientation,
    11  gender identity or expression, age, sex, national origin,
    12  handicap or disability, use of guide or support animals because
    13  of the blindness, deafness or physical handicap of the user or
    14  because the user is a handler or trainer of support or guide
    15  animals, and to safeguard their right to obtain and hold
    16  employment without such discrimination, to assure equal
    17  opportunities to all individuals and to safeguard their rights
    18  to public accommodation and to secure housing accommodation and
    19  commercial property regardless of race, color, familial status,
    20  religious creed, ancestry, sexual orientation, gender identity
    21  or expression, age, sex, national origin, handicap or
    22  disability, use of guide or support animals because of blindness
    23  or deafness of the user or because the user is a handler or
    24  trainer of guide or support animals.
    25     (c)  This act shall be deemed an exercise of the police power
    26  of the Commonwealth for the protection of the public welfare,
    27  prosperity, health and peace of the people of the Commonwealth
    28  of Pennsylvania.
    29     Section 3.  Right to Freedom from Discrimination in
    30  Employment, Housing and Public Accommodation.--The opportunity
    20070S0761B0838                  - 3 -     

     1  for an individual to obtain employment for which he is
     2  qualified, and to obtain all the accommodations, advantages,
     3  facilities and privileges of any public accommodation and of any
     4  housing accommodation and commercial property without
     5  discrimination because of race, color, familial status,
     6  religious creed, ancestry, sexual orientation, gender identity
     7  or expression, handicap or disability, age, sex, national
     8  origin, the use of a guide or support animal because of the
     9  blindness, deafness or physical handicap of the user or because
    10  the user is a handler or trainer of support or guide animals is
    11  hereby recognized as and declared to be a civil right which
    12  shall be enforceable as set forth in this act.
    13     Section 2.  Section 4(b) of the act, amended December 20,
    14  1991 (P.L.414, No.51), is amended and the section is amended by
    15  adding clauses to read:
    16     Section 4.  Definitions.--As used in this act unless a
    17  different meaning clearly appears from the context:
    18     * * *
    19     (b)  The term "employer" includes the Commonwealth or any
    20  political subdivision or board, department, commission or school
    21  district thereof and any person employing four or more persons
    22  within the Commonwealth, but except as hereinafter provided,
    23  does not include religious, fraternal, charitable or sectarian
    24  corporations or associations, except such corporations or
    25  associations supported, in whole or in part, by governmental
    26  appropriations. The term "employer" with respect to
    27  discriminatory practices based on race, color, age, sex,
    28  national origin, sexual orientation, gender identity or
    29  expression or non-job related handicap or disability, includes
    30  religious, fraternal, charitable and sectarian corporations and
    20070S0761B0838                  - 4 -     

     1  associations employing four or more persons within the
     2  Commonwealth.
     3     * * *
     4     (bb)  The term "sexual orientation" means actual or perceived
     5  heterosexuality, homosexuality or bisexuality.
     6     (cc)  The term "gender identity or expression" means actual
     7  or perceived gender identity, appearance, behavior, expression
     8  or physical characteristics whether or not associated with an
     9  individual's assigned sex at birth.
    10     Section 3.  Section 5(a), (b), (c), (f), (g), (h) and (i) of
    11  the act, amended or added December 20, 1991 (P.L.414, No.51),
    12  July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326,
    13  No.34), are amended to read:
    14     Section 5.  Unlawful Discriminatory Practices.--It shall be
    15  an unlawful discriminatory practice, unless based upon a bona
    16  fide occupational qualification, or in the case of a fraternal
    17  corporation or association, unless based upon membership in such
    18  association or corporation, or except where based upon
    19  applicable security regulations established by the United States
    20  or the Commonwealth of Pennsylvania:
    21     (a)  For any employer because of the race, color, religious
    22  creed, ancestry, sexual orientation, gender identity or
    23  expression, age, sex, national origin or non-job related
    24  handicap or disability or the use of a guide or support animal
    25  because of the blindness, deafness or physical handicap of any
    26  individual or independent contractor, to refuse to hire or
    27  employ or contract with, or to bar or to discharge from
    28  employment such individual or independent contractor, or to
    29  otherwise discriminate against such individual or independent
    30  contractor with respect to compensation, hire, tenure, terms,
    20070S0761B0838                  - 5 -     

     1  conditions or privileges of employment or contract, if the
     2  individual or independent contractor is the best able and most
     3  competent to perform the services required. The provision of
     4  this paragraph shall not apply, to (1) operation of the terms or
     5  conditions of any bona fide retirement or pension plan which
     6  have the effect of a minimum service requirement, (2) operation
     7  of the terms or conditions of any bona fide group or employe
     8  insurance plan, (3) age limitations placed upon entry into bona
     9  fide apprenticeship programs of two years or more approved by
    10  the State Apprenticeship and Training Council of the Department
    11  of Labor and Industry, established by the act of July 14, 1961
    12  (P.L.604, No.304), known as "The Apprenticeship and Training
    13  Act." Notwithstanding any provision of this clause, it shall not
    14  be an unlawful employment practice for a religious corporation
    15  or association to hire or employ on the basis of sex in those
    16  certain instances where sex is a bona fide occupational
    17  qualification because of the religious beliefs, practices, or
    18  observances of the corporation, or association.
    19     (b)  For any employer, employment agency or labor
    20  organization, prior to the employment, contracting with an
    21  independent contractor or admission to membership, to:
    22     (1)  Elicit any information or make or keep a record of or
    23  use any form of application or application blank containing
    24  questions or entries concerning the race, color, religious
    25  creed, ancestry, sexual orientation, gender identity or
    26  expression, age, sex, national origin, past handicap or
    27  disability or the use of a guide or support animal because of
    28  the blindness, deafness or physical handicap of any applicant
    29  for employment or membership. Prior to an offer of employment,
    30  an employer may not inquire as to whether an individual has a
    20070S0761B0838                  - 6 -     

     1  handicap or disability or as to the severity of such handicap or
     2  disability. An employer may inquire as to the individual's
     3  ability to perform the essential functions of the employment.
     4     (2)  Print or publish or cause to be printed or published any
     5  notice or advertisement relating to employment or membership
     6  indicating any preference, limitation, specification or
     7  discrimination based upon race, color, religious creed,
     8  ancestry, sexual orientation, gender identity or expression,
     9  age, sex, national origin, non-job related handicap or
    10  disability or the use of a guide or support animal because of
    11  the blindness, deafness or physical handicap of the user.
    12     (3)  Deny or limit, through a quota system, employment or
    13  membership because of race, color, religious creed, ancestry,
    14  sexual orientation, gender identity or expression, age, sex,
    15  national origin, non-job related handicap or disability, the use
    16  of a guide or support animal because of the blindness, deafness
    17  or physical handicap of the user or place of birth.
    18     (4)  Substantially confine or limit recruitment or hiring of
    19  individuals, with intent to circumvent the spirit and purpose of
    20  this act, to any employment agency, employment service, labor
    21  organization, training school or training center or any other
    22  employe-referring source which services individuals who are
    23  predominantly of the same race, color, religious creed,
    24  ancestry, sexual orientation, gender identity or expression,
    25  age, sex, national origin or non-job related handicap or
    26  disability.
    27     (5)  Deny employment because of a prior handicap or
    28  disability.
    29     Nothing in clause (b) of this section shall bar any
    30  institution or organization for handicapped or disabled persons
    20070S0761B0838                  - 7 -     

     1  from limiting or giving preference in employment or membership
     2  to handicapped or disabled persons.
     3     (c)  For any labor organization because of the race, color,
     4  religious creed, ancestry, sexual orientation, gender identity
     5  or expression, age, sex, national origin, non-job related
     6  handicap or disability or the use of a guide or support animal
     7  because of the blindness, deafness or physical handicap of any
     8  individual to deny full and equal membership rights to any
     9  individual or otherwise to discriminate against such individuals
    10  with respect to hire, tenure, terms, conditions or privileges of
    11  employment or any other matter, directly or indirectly, related
    12  to employment.
    13     * * *
    14     (f)  For any employment agency to fail or refuse to classify
    15  properly, refer for employment or otherwise to discriminate
    16  against any individual because of his race, color, religious
    17  creed, ancestry, sexual orientation, gender identity or
    18  expression, age, sex, national origin, non-job related handicap
    19  or disability or the use of a guide or support animal because of
    20  the blindness, deafness or physical handicap of the user.
    21     (g)  For any individual seeking employment to publish or
    22  cause to be published any advertisement which in any manner
    23  expresses a limitation or preference as to the race, color,
    24  religious creed, ancestry, sexual orientation, gender identity
    25  or expression, age, sex, national origin, non-job related
    26  handicap or disability or the use of a guide or support animal
    27  because of the blindness, deafness or physical handicap of any
    28  prospective employer.
    29     (h)  For any person to:
    30     (1)  Refuse to sell, lease, finance or otherwise to deny or
    20070S0761B0838                  - 8 -     

     1  withhold any housing accommodation or commercial property from
     2  any person because of the race, color, familial status, age,
     3  religious creed, ancestry, sexual orientation, gender identity
     4  or expression, sex, national origin or handicap or disability of
     5  any person, prospective owner, occupant or user of such housing
     6  accommodation or commercial property, or to refuse to lease any
     7  housing accommodation or commercial property to any person due
     8  to use of a guide animal because of the blindness or deafness of
     9  the user, use of a support animal because of a physical handicap
    10  of the user or because the user is a handler or trainer of
    11  support or guide animals or because of the handicap or
    12  disability of an individual with whom the person is known to
    13  have a relationship or association.
    14     (1.1)  Evict or attempt to evict an occupant of any housing
    15  accommodation before the end of the term of a lease because of
    16  pregnancy or the birth of a child.
    17     (2)  Refuse to lend money, whether or not secured by mortgage
    18  or otherwise for the acquisition, construction, rehabilitation,
    19  repair or maintenance of any housing accommodation or commercial
    20  property or otherwise withhold financing of any housing
    21  accommodation or commercial property from any person because of
    22  the race, color, familial status, age, religious creed,
    23  ancestry, sexual orientation, gender identity or expression,
    24  sex, national origin, handicap or disability of any person, the
    25  use of a guide or support animal because of the blindness,
    26  deafness or physical handicap of the user or because the user is
    27  a handler or trainer of support or guide animals or because of
    28  the handicap or disability of an individual with whom the person
    29  is known to have a relationship or association.
    30     (3)  Discriminate against any person in the terms or
    20070S0761B0838                  - 9 -     

     1  conditions of selling or leasing any housing accommodation or
     2  commercial property or in furnishing facilities, services or
     3  privileges in connection with the ownership, occupancy or use of
     4  any housing accommodation or commercial property because of the
     5  race, color, familial status, age, religious creed, ancestry,
     6  sexual orientation, gender identity or expression, sex, national
     7  origin, handicap or disability of any person, the use of a guide
     8  or support animal because of the blindness, deafness or physical
     9  handicap of the user or because the user is a handler or trainer
    10  of support or guide animals or because of the handicap or
    11  disability of an individual with whom the person is known to
    12  have a relationship or association.
    13     (3.1)  Refuse to permit, at the expense of a person with a
    14  handicap, reasonable modifications of existing premises occupied
    15  or to be occupied by such person if such modifications may be
    16  necessary to afford such person full enjoyment of the premises,
    17  except that, in the case of a rental, the landlord may, where it
    18  is reasonable to do so, grant permission for a modification if
    19  the renter agrees to restore the interior of the premises to the
    20  condition that existed before the modification, with reasonable
    21  wear and tear excepted.
    22     (3.2)  Refuse to make reasonable accommodations in rules,
    23  policies, practices or services when such accommodations may be
    24  necessary to afford such person equal opportunity to use and
    25  enjoy a housing accommodation.
    26     (4)  Discriminate against any person in the terms or
    27  conditions of any loan of money, whether or not secured by
    28  mortgage or otherwise for the acquisition, construction,
    29  rehabilitation, repair or maintenance of housing accommodation
    30  or commercial property because of the race, color, familial
    20070S0761B0838                 - 10 -     

     1  status, age, religious creed, ancestry, sexual orientation,
     2  gender identity or expression, sex, national origin or handicap
     3  or disability of any person, the use of a guide or support
     4  animal because of the blindness, deafness or physical handicap
     5  of the user or because the user is a handler or trainer of guide
     6  or support animals or because of the handicap or disability of
     7  an individual with whom the person is known to have a
     8  relationship or association.
     9     (5)  Print, publish or circulate any statement or
    10  advertisement: (i) relating to the sale, lease or acquisition of
    11  any housing accommodation or commercial property or the loan of
    12  money, whether or not secured by mortgage, or otherwise for the
    13  acquisition, construction, rehabilitation, repair or maintenance
    14  of any housing accommodation or commercial property which
    15  indicates any preference, limitation, specification, or
    16  discrimination based upon race, color, familial status, age,
    17  religious creed, ancestry, sexual orientation, gender identity
    18  or expression, sex, national origin, handicap or disability or
    19  because of the handicap or disability of an individual with whom
    20  the person is known to have a relationship or association, or
    21  (ii) relating to the sale, lease or acquisition of any housing
    22  accommodation or commercial property which indicates any
    23  preference, limitation, specification or discrimination based
    24  upon use of a guide or support animal because of the blindness,
    25  deafness or physical handicap of the user or because the user is
    26  a handler or trainer of support or guide animals.
    27     (6)  Make any inquiry, elicit any information, make or keep
    28  any record or use any form of application, containing questions
    29  or entries concerning race, color, familial status, age,
    30  religious creed, ancestry, sexual orientation, gender identity
    20070S0761B0838                 - 11 -     

     1  or expression, sex, national origin, handicap or disability or
     2  because of the handicap or disability of an individual with whom
     3  the person is known to have a relationship or association in
     4  connection with the sale or lease of any housing accommodation
     5  or commercial property or loan of any money, whether or not
     6  secured by mortgage or otherwise for the acquisition,
     7  construction, rehabilitation, repair or maintenance of any
     8  housing accommodation or commercial property, or to make any
     9  inquiry, elicit any information, make or keep any record or use
    10  any form of application, containing questions or entries
    11  concerning the use of a guide or support animal because of the
    12  blindness, deafness or physical handicap of the user or because
    13  the user is a handler or trainer of support or guide animals, in
    14  connection with the lease of any housing accommodation or
    15  commercial property.
    16     (7)  Construct, operate, offer for sale, lease or rent or
    17  otherwise make available housing or commercial property which is
    18  not accessible.
    19     (8)  Discriminate in real estate-related transactions, as
    20  described by and subject to the following:
    21     (i)  It shall be unlawful for any person or other entity
    22  whose business includes engaging in real estate-related
    23  transactions to discriminate against any person in making
    24  available such a transaction or in the terms or conditions of
    25  such a transaction because of race, color, religious creed,
    26  ancestry, sexual orientation, gender identity or expression,
    27  national origin, sex, age, handicap or disability, use of a
    28  guide or support animal because of a physical handicap or
    29  because the user is a handler or trainer of guide or support
    30  animals or familial status.
    20070S0761B0838                 - 12 -     

     1     (ii)  Nothing in this act prohibits a person engaged in the
     2  business of furnishing appraisals of real property to take into
     3  consideration factors other than race, color, religious creed,
     4  ancestry, sexual orientation, gender identity or expression,
     5  national origin, sex, age, handicap or disability, use of a
     6  guide or support animal because of a physical handicap or
     7  because the user is a handler or trainer of guide or support
     8  animals or familial status.
     9     (9)  Nothing in this clause, regarding age or familial
    10  status, shall apply with respect to housing for older persons. A
    11  person shall not be held personally liable for monetary damages
    12  for a violation of this act if the person reasonably relied, in
    13  good faith, on the application of the exemption of this
    14  subclause. A person may only prove good faith reliance on the
    15  application of the exemption of this subclause by proving that
    16  at the time of the act complained of all of the following
    17  applied:
    18     (i)  The person had no actual knowledge that the housing was
    19  not eligible for exemption under this subclause.
    20     (ii)  The owner or manager of the housing had stated
    21  formally, in writing, that the housing complied with the
    22  requirements for exemption under this subclause.
    23     (10)  Nothing in this clause shall bar any religious or
    24  denominational institution or organization or any charitable or
    25  educational organization which is operated, supervised or
    26  controlled by or in connection with a religious organization or
    27  any bona fide private or fraternal organization from giving
    28  preference to persons of the same religion or denomination or to
    29  members of such private or fraternal organization or from making
    30  such selection as is calculated by such organization to promote
    20070S0761B0838                 - 13 -     

     1  the religious principles or the aims, purposes or fraternal
     2  principles for which it is established or maintained. Nor shall
     3  it apply to the rental of rooms in a landlord-occupied rooming
     4  house with a common entrance, nor with respect to discrimination
     5  based on sex, the advertising, rental or leasing of housing
     6  accommodations in a single-sex dormitory or rooms in one's
     7  personal residence in which common living areas are shared.
     8     (11)  Nothing in this act limits the applicability of the
     9  Fair Housing Act and reasonable State or local restrictions on
    10  the maximum number of occupants permitted to occupy a dwelling
    11  or a reasonable restriction relating to health or safety
    12  standards or business necessity. Owners and managers of
    13  dwellings may develop and implement reasonable occupancy and
    14  safety standards based on factors such as the number and size of
    15  sleeping areas or bedrooms and the overall size of a dwelling
    16  unit so long as the standards do not violate the Fair Housing
    17  Act or State or local restrictions.
    18     (i)  For any person being the owner, lessee, proprietor,
    19  manager, superintendent, agent or employe of any public
    20  accommodation, resort or amusement to:
    21     (1)  Refuse, withhold from, or deny to any person because of
    22  his race, color, sex, religious creed, ancestry, sexual
    23  orientation, gender identity or expression, national origin or
    24  handicap or disability, or to any person due to use of a guide
    25  or support animal because of the blindness, deafness or physical
    26  handicap of the user or because the user is a handler or trainer
    27  of support or guide animals, either directly or indirectly, any
    28  of the accommodations, advantages, facilities or privileges of
    29  such public accommodation, resort or amusement.
    30     (2)  Publish, circulate, issue, display, post or mail, either
    20070S0761B0838                 - 14 -     

     1  directly or indirectly, any written or printed communication,
     2  notice or advertisement to the effect that any of the
     3  accommodations, advantages, facilities and privileges of any
     4  such place shall be refused, withheld from or denied to any
     5  person on account of race, color, religious creed, sex,
     6  ancestry, sexual orientation, gender identity or expression,
     7  national origin or handicap or disability, or to any person due
     8  to use of a guide or support animal because of the blindness,
     9  deafness or physical handicap of the user, or because the user
    10  is a handler or trainer of support or guide animals, or that the
    11  patronage or custom thereat of any person, belonging to or
    12  purporting to be of any particular race, color, religious creed,
    13  sex, ancestry, sexual orientation, gender identity or
    14  expression, national origin or handicap or disability, or to any
    15  person due to use of a guide or support animal because of the
    16  blindness, deafness or physical handicap of the user or because
    17  the user is a handler or trainer of support or guide animals, is
    18  unwelcome, objectionable or not acceptable, desired or
    19  solicited.
    20     (3)  Exclude or otherwise deny equal goods, services,
    21  facilities, privileges, advantages, accommodations or other
    22  opportunities to a person because of the handicap or disability
    23  of an individual with whom the person is known to have a
    24  relationship or association.
    25     (4)  Construct, operate or otherwise make available such
    26  place of public accommodation, resort or amusement which is not
    27  accessible.
    28     * * *
    29     Section 4.  Sections 5.3 and 7(i), (j) and (k) of the act,
    30  amended December 20, 1991 (P.L.414, No.51), are amended to read:
    20070S0761B0838                 - 15 -     

     1     Section 5.3.  Prohibition of Certain Real Estate Practices.--
     2  It shall be an unlawful discriminatory practice for any person
     3  to:
     4     (a)  Induce, solicit or attempt to induce or solicit for
     5  commercial profit any listing, sale or transaction involving any
     6  housing accommodation or commercial property by representing
     7  that such housing accommodation or commercial property is within
     8  any neighborhood, community or area adjacent to any other area
     9  in which there reside, or do not reside, persons of a particular
    10  race, color, familial status, age, religious creed, ancestry,
    11  sexual orientation, gender identity or expression, sex, national
    12  origin, handicap or disability, or who are guide or support
    13  animal dependent.
    14     (b)  Discourage, or attempt to discourage, for commercial
    15  profit, the purchase or lease of any housing accommodation or
    16  commercial property by representing that such housing
    17  accommodation or commercial property is within any neighborhood,
    18  community or area adjacent to any other area in which there
    19  reside, or may in the future reside in increased or decreased
    20  numbers, persons of a particular race, color, familial status,
    21  age, religious creed, ancestry, sexual orientation, gender
    22  identity or expression, sex, national origin, handicap or
    23  disability, or who are guide or support animal dependent.
    24     (c)  Misrepresent, create or distort a circumstance,
    25  condition or incident for the purpose of fostering the
    26  impression or belief, on the part of any owner, occupant or
    27  prospective owner or occupant of any housing accommodation or
    28  commercial property, that such housing accommodation or
    29  commercial property is within any neighborhood, community or
    30  area adjacent to any other area which would be adversely
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     1  impacted by the residence, or future increased or decreased
     2  residence, of persons of a particular race, color, familial
     3  status, age, religious creed, ancestry, sexual orientation,
     4  gender identity or expression, sex, national origin, handicap or
     5  disability, or who are guide or support animal dependent within
     6  such neighborhood, community or area.
     7     (d)  In any way misrepresent or otherwise misadvertise within
     8  a neighborhood or community, whether or not in writing, that any
     9  housing accommodation or commercial property within such
    10  neighborhood or community is available for inspection, sale,
    11  lease, sublease or other transfer, in any context where such
    12  misrepresentation or misadvertising would have the effect of
    13  fostering an impression or belief that there has been or will be
    14  an increase in real estate activity within such neighborhood or
    15  community due to the residence, or anticipated increased or
    16  decreased residence, of persons of a particular race, color,
    17  familial status, age, religious creed, ancestry, sexual
    18  orientation, gender identity or expression, sex, national
    19  origin, handicap or disability, or the use of a guide or support
    20  animal because of the blindness, deafness or physical handicap
    21  of the user.
    22     Section 7.  Powers and Duties of the Commission.--The
    23  Commission shall have the following powers and duties:
    24     * * *
    25     (i)  To create such advisory agencies and conciliation
    26  councils, local or state-wide, as will aid in effectuating the
    27  purposes of this act. The Commission may itself or it may
    28  empower these agencies and councils to (1) study the problems of
    29  discrimination in all or specific fields of human relationships
    30  when based on race, color, familial status, religious creed,
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     1  ancestry, sexual orientation, gender identity or expression,
     2  age, sex, national origin or handicap or disability, and (2)
     3  foster, through community effort or otherwise, good will among
     4  the groups and elements of the population of the State. Such
     5  agencies and councils may make recommendations to the Commission
     6  for the development of policies and procedure in general.
     7  Advisory agencies and conciliation councils created by the
     8  Commission shall be composed of representative citizens, serving
     9  without pay, but the Commission may make provision for technical
    10  and clerical assistance to such agencies and councils, and for
    11  the payment of the expenses of such assistance.
    12     (j)  To issue such publications and such results of
    13  investigations and research as, in its judgment, will tend to
    14  promote good will and minimize or eliminate discrimination
    15  because of race, color, familial status, religious creed,
    16  ancestry, sexual orientation, gender identity or expression,
    17  age, sex, national origin or handicap or disability.
    18     (k)  To submit an annual report for each fiscal year by the
    19  following March 31 to the General Assembly, the Labor and
    20  Industry Committee of the Senate and the State Government
    21  Committee of the House of Representatives and the Governor
    22  describing in detail the types of complaints received, the
    23  investigations, status of cases, Commission action which has
    24  been taken, how many were found to have probable cause, how many
    25  were resolved by public hearing and the length of time from the
    26  initial complaint to final Commission resolution. It shall also
    27  contain recommendations for such further legislation concerning
    28  abuses and discrimination because of race, color, familial
    29  status, religious creed, ancestry, sexual orientation, gender
    30  identity or expression, national origin, age, sex, handicap or
    20070S0761B0838                 - 18 -     

     1  disability or the use of a guide or support animal because of
     2  the blindness, deafness or physical handicap of the user or
     3  because the user is a handler or trainer of support or guide
     4  animals, as may be desirable.
     5     * * *
     6     Section 5.  Section 8 of the act, amended July 12, 1996
     7  (P.L.684, No.117), is amended to read:
     8     Section 8.  Educational Program.--The Commission, in
     9  cooperation with the Department of Education, is authorized to
    10  recommend a multicultural educational program, designed for the
    11  students of the schools in this Commonwealth and for all other
    12  residents thereof, with emphasis on foreign cultural and
    13  language studies, as well as on the basic shared precepts and
    14  principles of United States culture, in order to promote
    15  cultural understanding and appreciation and to further good will
    16  among all persons, without regard to race, color, familial
    17  status, religious creed, ancestry, sexual orientation, gender
    18  identity or expression, age, sex, national origin, handicap or
    19  disability.
    20     Section 6.  Section 12(b) of the act, amended December 20,
    21  1991 (P.L.414, No.51), is amended to read:
    22     Section 12.  Construction and Exclusiveness of Remedy.--
    23     * * *
    24     (b)  Except as provided in subsection (c), nothing contained
    25  in this act shall be deemed to repeal or supersede any of the
    26  provisions of any existing or hereafter adopted municipal
    27  ordinance, municipal charter or of any law of this Commonwealth
    28  relating to discrimination because of race, color, familial
    29  status, religious creed, ancestry, sexual orientation, gender
    30  identity or expression, age, sex, national origin or handicap or
    20070S0761B0838                 - 19 -     

     1  disability, but as to acts declared unlawful by section five of
     2  this act the procedure herein provided shall, when invoked, be
     3  exclusive and the final determination therein shall exclude any
     4  other action, civil or criminal, based on the same grievance of
     5  the complainant concerned. If the complainant institutes any
     6  action based on such grievance without resorting to the
     7  procedure provided in this act, such complainant may not
     8  subsequently resort to the procedure herein. In the event of a
     9  conflict between the interpretation of a provision of this act
    10  and the interpretation of a similar provision contained in any
    11  municipal ordinance, the interpretation of the provision in this
    12  act shall apply to such municipal ordinance.
    13     * * *
    14     Section 7.  This act shall take effect in 60 days.











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