THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOHNSON, PAYTON, YOUNGBLOOD, JOSEPHS, V. BROWN AND MYERS, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 17, 2011  

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 relating to certain employment practices and for

prohibition of certain real estate practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(b) 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, 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:

* * *

(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, 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. 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, 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,

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, age, sex, national origin or non-job related handicap

or disability.

(5)  Deny employment because of a prior handicap or

disability.

(6)  Require an applicant to disclose a criminal history on

an application for employment, unless the job has predetermined

security regulations established by the Federal or State

Government.

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.

* * *

Section 2.  Section 5.3 of the act is amended by adding a

clause to read:

Section 5.3.  Prohibition of Certain Real Estate Practices.--

It shall be an unlawful discriminatory practice for any person

to:

* * *

(e)  Require a person to disclose a criminal history on an

application for housing accommodation or commercial property.

Section 3.  This act shall take effect in 60 days.