THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, BRENNAN, BRIGGS, D. COSTA, CRUZ, DONATUCCI, FLECK, GEORGE, GIBBONS, GOODMAN, JOSEPHS, KORTZ, MAHONEY, MANN, M. O'BRIEN, PARKER, PASHINSKI, SIPTROTH, K. SMITH AND WALKO, APRIL 20, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 20, 2009  

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 unlawful discriminatory

practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5 introductory paragraph of the act of

October 27, 1955 (P.L.744, No.222), known as the Pennsylvania

Human Relations Act, amended December 20, 1991 (P.L.414, No.51),

is amended to read:

Section 5.  Unlawful Discriminatory Practices.--It shall be

an unlawful discriminatory practice for any employer because of

the credit history 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. 

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:

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Section 2.  This act shall take effect in 60 days.