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; defining 
14"sexual orientation" and "gender identity or expression"; and 
15further providing for unlawful discriminatory practices, for 
16powers and duties of commission, for prohibition of certain 
17real estate practices, for education program and for 
18construction and exclusiveness of remedy.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

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

1AN ACT

2Prohibiting certain practices of discrimination because of race,
3color, religious creed, ancestry, sexual orientation, gender 
4identity or expression, age or national origin, by employers,
5employment agencies, labor organizations and others as herein
6defined; creating the Pennsylvania Human Relations Commission
7in the Governor's Office; defining its functions, powers and
8duties; providing for procedure and enforcement; providing
9for formulation of an educational program to prevent
10prejudice; providing for judicial review and enforcement and
11imposing penalties.

12Section 2. Findings and Declaration of Policy.--

13(a) The practice or policy of discrimination against
14individuals or groups by reason of their race, color, familial
15status, religious creed, ancestry, sexual orientation, gender 
16identity or expression, age, sex, national origin, handicap or
17disability, use of guide or support animals because of the
18blindness, deafness or physical handicap of the user or because
19the user is a handler or trainer of support or guide animals is
20a matter of concern of the Commonwealth. Such discrimination
21foments domestic strife and unrest, threatens the rights and
22privileges of the inhabitants of the Commonwealth, and
23undermines the foundations of a free democratic state. The
24denial of equal employment, housing and public accommodation
25opportunities because of such discrimination, and the consequent
26failure to utilize the productive capacities of individuals to
27their fullest extent, deprives large segments of the population
28of the Commonwealth of earnings necessary to maintain decent
29standards of living, necessitates their resort to public relief
30and intensifies group conflicts, thereby resulting in grave

1injury to the public health and welfare, compels many
2individuals to live in dwellings which are substandard,
3unhealthful and overcrowded, resulting in racial segregation in
4public schools and other community facilities, juvenile
5delinquency and other evils, thereby threatening the peace,
6health, safety and general welfare of the Commonwealth and its
7inhabitants.

8(b) It is hereby declared to be the public policy of this
9Commonwealth to foster the employment of all individuals in
10accordance with their fullest capacities regardless of their
11race, color, religious creed, ancestry, sexual orientation, 
12gender identity or expression, age, sex, national origin,
13handicap or disability, use of guide or support animals because
14of the blindness, deafness or physical handicap of the user or
15because the user is a handler or trainer of support or guide
16animals, and to safeguard their right to obtain and hold
17employment without such discrimination, to assure equal
18opportunities to all individuals and to safeguard their rights
19to public accommodation and to secure housing accommodation and
20commercial property regardless of race, color, familial status,
21religious creed, ancestry, sexual orientation, gender identity 
22or expression, age, sex, national origin, handicap or
23disability, use of guide or support animals because of blindness
24or deafness of the user or because the user is a handler or
25trainer of guide or support animals.

26(c) This act shall be deemed an exercise of the police power
27of the Commonwealth for the protection of the public welfare,
28prosperity, health and peace of the people of the Commonwealth
29of Pennsylvania.

30Section 3. Right to Freedom from Discrimination in

1Employment, Housing and Public Accommodation.--The opportunity
2for an individual to obtain employment for which he is
3qualified, and to obtain all the accommodations, advantages,
4facilities and privileges of any public accommodation and of any
5housing accommodation and commercial property without
6discrimination because of race, color, familial status,
7religious creed, ancestry, sexual orientation, gender identity 
8or expression, handicap or disability, age, sex, national
9origin, the use of a guide or support animal because of the
10blindness, deafness or physical handicap of the user or because
11the user is a handler or trainer of support or guide animals is
12hereby recognized as and declared to be a civil right which
13shall be enforceable as set forth in this act.

14Section 2. Section 4(b) of the act, amended December 20, 
151991 (P.L.414, No.51), is amended and the section is amended by 
16adding clauses to read:

17Section 4. Definitions.--As used in this act unless a
18different meaning clearly appears from the context:

19* * *

20(b) The term "employer" includes the Commonwealth or any 
21political subdivision or board, department, commission or school 
22district thereof and any person employing four or more persons 
23within the Commonwealth, but except as hereinafter provided, 
24does not include religious, fraternal, charitable or sectarian 
25corporations or associations, except such corporations or 
26associations supported, in whole or in part, by governmental 
27appropriations. The term "employer" with respect to 
28discriminatory practices based on race, color, age, sex, 
29national origin, sexual orientation, gender identity or 
30expression or non-job related handicap or disability, includes
 

1religious, fraternal, charitable and sectarian corporations and 
2associations employing four or more persons within the 
3Commonwealth.

4* * *

5(bb) The term "sexual orientation" means actual or perceived 
6heterosexuality, homosexuality or bisexuality.

7(cc) The term "gender identity or expression" means actual 
8or perceived gender identity, appearance, behavior, expression 
9or physical characteristics whether or not associated with an 
10individual's assigned sex at birth.

11Section 3. Section 5(a), (b), (c), (f), (g), (h) and (i) of 
12the act, amended or added December 20, 1991 (P.L.414, No.51), 
13July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326, 
14No.34), are amended to read:

15Section 5. Unlawful Discriminatory Practices.--It shall be
16an unlawful discriminatory practice, unless based upon a bona
17fide occupational qualification, or in the case of a fraternal
18corporation or association, unless based upon membership in such
19association or corporation, or except where based upon
20applicable security regulations established by the United States
21or the Commonwealth of Pennsylvania:

22(a) For any employer because of the race, color, religious 
23creed, ancestry, sexual orientation, gender identity or 
24expression, age, sex, national origin or non-job related 
25handicap or disability or the use of a guide or support animal 
26because of the blindness, deafness or physical handicap of any 
27individual or independent contractor, to refuse to hire or 
28employ or contract with, or to bar or to discharge from 
29employment such individual or independent contractor, or to 
30otherwise discriminate against such individual or independent
 

1contractor with respect to compensation, hire, tenure, terms, 
2conditions or privileges of employment or contract, if the 
3individual or independent contractor is the best able and most 
4competent to perform the services required. The provision of 
5this paragraph shall not apply, to (1) operation of the terms or 
6conditions of any bona fide retirement or pension plan which 
7have the effect of a minimum service requirement, (2) operation 
8of the terms or conditions of any bona fide group or employe 
9insurance plan, (3) age limitations placed upon entry into bona 
10fide apprenticeship programs of two years or more approved by 
11the State Apprenticeship and Training Council of the Department 
12of Labor and Industry, established by the act of July 14, 1961 
13(P.L.604, No.304), known as "The Apprenticeship and Training 
14Act." Notwithstanding any provision of this clause, it shall not 
15be an unlawful employment practice for a religious corporation 
16or association to hire or employ on the basis of sex in those 
17certain instances where sex is a bona fide occupational 
18qualification because of the religious beliefs, practices, or 
19observances of the corporation, or association.

20(b) For any employer, employment agency or labor
21organization, prior to the employment, contracting with an
22independent contractor or admission to membership, to:

23(1) Elicit any information or make or keep a record of or
24use any form of application or application blank containing
25questions or entries concerning the race, color, religious
26creed, ancestry, sexual orientation, gender identity or 
27expression, age, sex, national origin, past handicap or
28disability or the use of a guide or support animal because of
29the blindness, deafness or physical handicap of any applicant
30for employment or membership. Prior to an offer of employment,

1an employer may not inquire as to whether an individual has a
2handicap or disability or as to the severity of such handicap or
3disability. An employer may inquire as to the individual's
4ability to perform the essential functions of the employment.

5(2) Print or publish or cause to be printed or published any
6notice or advertisement relating to employment or membership
7indicating any preference, limitation, specification or
8discrimination based upon race, color, religious creed,
9ancestry, sexual orientation, gender identity or expression,
10age, sex, national origin, non-job related handicap or
11disability or the use of a guide or support animal because of
12the blindness, deafness or physical handicap of the user.

13(3) Deny or limit, through a quota system, employment or
14membership because of race, color, religious creed, ancestry,
15sexual orientation, gender identity or expression, age, sex,
16national origin, non-job related handicap or disability, the use
17of a guide or support animal because of the blindness, deafness
18or physical handicap of the user or place of birth.

19(4) Substantially confine or limit recruitment or hiring of
20individuals, with intent to circumvent the spirit and purpose of
21this act, to any employment agency, employment service, labor
22organization, training school or training center or any other
23employe-referring source which services individuals who are
24predominantly of the same race, color, religious creed,
25ancestry, sexual orientation, gender identity or expression,
26age, sex, national origin or non-job related handicap or
27disability.

28(5) Deny employment because of a prior handicap or
29disability.

30Nothing in clause (b) of this section shall bar any

1institution or organization for handicapped or disabled persons
2from limiting or giving preference in employment or membership
3to handicapped or disabled persons.

4(c) For any labor organization because of the race, color,
5religious creed, ancestry, sexual orientation, gender identity 
6or expression, age, sex, national origin, non-job related
7handicap or disability or the use of a guide or support animal
8because of the blindness, deafness or physical handicap of any
9individual to deny full and equal membership rights to any
10individual or otherwise to discriminate against such individuals
11with respect to hire, tenure, terms, conditions or privileges of
12employment or any other matter, directly or indirectly, related
13to employment.

14* * *

15(f) For any employment agency to fail or refuse to classify
16properly, refer for employment or otherwise to discriminate
17against any individual because of his race, color, religious
18creed, ancestry, sexual orientation, gender identity or 
19expression, age, sex, national origin, non-job related handicap
20or disability or the use of a guide or support animal because of
21the blindness, deafness or physical handicap of the user.

22(g) For any individual seeking employment to publish or
23cause to be published any advertisement which in any manner
24expresses a limitation or preference as to the race, color,
25religious creed, ancestry, sexual orientation, gender identity 
26or expression, age, sex, national origin, non-job related
27handicap or disability or the use of a guide or support animal
28because of the blindness, deafness or physical handicap of any
29prospective employer.

30(h) For any person to:

1(1) Refuse to sell, lease, finance or otherwise to deny or
2withhold any housing accommodation or commercial property from
3any person because of the race, color, familial status, age,
4religious creed, ancestry, sexual orientation, gender identity 
5or expression, sex, national origin or handicap or disability of
6any person, prospective owner, occupant or user of such housing
7accommodation or commercial property, or to refuse to lease any
8housing accommodation or commercial property to any person due
9to use of a guide animal because of the blindness or deafness of
10the user, use of a support animal because of a physical handicap
11of the user or because the user is a handler or trainer of
12support or guide animals or because of the handicap or
13disability of an individual with whom the person is known to
14have a relationship or association.

15(1.1) Evict or attempt to evict an occupant of any housing
16accommodation before the end of the term of a lease because of
17pregnancy or the birth of a child.

18(2) Refuse to lend money, whether or not secured by mortgage
19or otherwise for the acquisition, construction, rehabilitation,
20repair or maintenance of any housing accommodation or commercial
21property or otherwise withhold financing of any housing
22accommodation or commercial property from any person because of
23the race, color, familial status, age, religious creed,
24ancestry, sexual orientation, gender identity or expression,
25sex, national origin, handicap or disability of any person, the
26use of a guide or support animal because of the blindness,
27deafness or physical handicap of the user or because the user is
28a handler or trainer of support or guide animals or because of
29the handicap or disability of an individual with whom the person
30is known to have a relationship or association.

1(3) Discriminate against any person in the terms or
2conditions of selling or leasing any housing accommodation or
3commercial property or in furnishing facilities, services or
4privileges in connection with the ownership, occupancy or use of
5any housing accommodation or commercial property because of the
6race, color, familial status, age, religious creed, ancestry,
7sexual orientation, gender identity or expression, sex, national
8origin, handicap or disability of any person, the use of a guide
9or support animal because of the blindness, deafness or physical
10handicap of the user or because the user is a handler or trainer
11of support or guide animals or because of the handicap or
12disability of an individual with whom the person is known to
13have a relationship or association.

14(3.1) Refuse to permit, at the expense of a person with a
15handicap, reasonable modifications of existing premises occupied
16or to be occupied by such person if such modifications may be
17necessary to afford such person full enjoyment of the premises,
18except that, in the case of a rental, the landlord may, where it
19is reasonable to do so, grant permission for a modification if
20the renter agrees to restore the interior of the premises to the
21condition that existed before the modification, with reasonable
22wear and tear excepted.

23(3.2) Refuse to make reasonable accommodations in rules,
24policies, practices or services when such accommodations may be
25necessary to afford such person equal opportunity to use and
26enjoy a housing accommodation.

27(4) Discriminate against any person in the terms or
28conditions of any loan of money, whether or not secured by
29mortgage or otherwise for the acquisition, construction,
30rehabilitation, repair or maintenance of housing accommodation

1or commercial property because of the race, color, familial
2status, age, religious creed, ancestry, sexual orientation, 
3gender identity or expression, sex, national origin or handicap
4or disability of any person, the use of a guide or support
5animal because of the blindness, deafness or physical handicap
6of the user or because the user is a handler or trainer of guide
7or support animals or because of the handicap or disability of
8an individual with whom the person is known to have a
9relationship or association.

10(5) Print, publish or circulate any statement or
11advertisement: (i) relating to the sale, lease or acquisition of
12any housing accommodation or commercial property or the loan of
13money, whether or not secured by mortgage, or otherwise for the
14acquisition, construction, rehabilitation, repair or maintenance
15of any housing accommodation or commercial property which
16indicates any preference, limitation, specification, or
17discrimination based upon race, color, familial status, age,
18religious creed, ancestry, sexual orientation, gender identity 
19or expression, sex, national origin, handicap or disability or
20because of the handicap or disability of an individual with whom
21the person is known to have a relationship or association, or
22(ii) relating to the sale, lease or acquisition of any housing
23accommodation or commercial property which indicates any
24preference, limitation, specification or discrimination based
25upon use of a guide or support animal because of the blindness,
26deafness or physical handicap of the user or because the user is
27a handler or trainer of support or guide animals.

28(6) Make any inquiry, elicit any information, make or keep
29any record or use any form of application, containing questions
30or entries concerning race, color, familial status, age,

1religious creed, ancestry, sexual orientation, gender identity 
2or expression, sex, national origin, handicap or disability or
3because of the handicap or disability of an individual with whom
4the person is known to have a relationship or association in
5connection with the sale or lease of any housing accommodation
6or commercial property or loan of any money, whether or not
7secured by mortgage or otherwise for the acquisition,
8construction, rehabilitation, repair or maintenance of any
9housing accommodation or commercial property, or to make any
10inquiry, elicit any information, make or keep any record or use
11any form of application, containing questions or entries
12concerning the use of a guide or support animal because of the
13blindness, deafness or physical handicap of the user or because
14the user is a handler or trainer of support or guide animals, in
15connection with the lease of any housing accommodation or
16commercial property.

17(7) Construct, operate, offer for sale, lease or rent or
18otherwise make available housing or commercial property which is
19not accessible.

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, sexual orientation, gender identity or expression,
28national origin, sex, age, handicap or disability, use of a
29guide or support animal because of a physical handicap or
30because the user is a handler or trainer of guide or support

1animals or familial status.

2(ii) Nothing in this act prohibits a person engaged in the
3business of furnishing appraisals of real property to take into
4consideration factors other than race, color, religious creed,
5ancestry, sexual orientation, gender identity or expression,
6national origin, sex, age, handicap or disability, use of a
7guide or support animal because of a physical handicap or
8because the user is a handler or trainer of guide or support
9animals or familial status.

10(9) Nothing in this clause, regarding age or familial
11status, shall apply with respect to housing for older persons. A
12person shall not be held personally liable for monetary damages
13for a violation of this act if the person reasonably relied, in
14good faith, on the application of the exemption of this
15subclause. A person may only prove good faith reliance on the
16application of the exemption of this subclause by proving that
17at the time of the act complained of all of the following
18applied:

19(i) The person had no actual knowledge that the housing was
20not eligible for exemption under this subclause.

21(ii) The owner or manager of the housing had stated
22formally, in writing, that the housing complied with the
23requirements for exemption under this subclause.

24(10) Nothing in this clause shall bar any religious or
25denominational institution or organization or any charitable or
26educational organization which is operated, supervised or
27controlled by or in connection with a religious organization or
28any bona fide private or fraternal organization from giving
29preference to persons of the same religion or denomination or to
30members of such private or fraternal organization or from making

1such selection as is calculated by such organization to promote
2the religious principles or the aims, purposes or fraternal
3principles for which it is established or maintained. Nor shall
4it apply to the rental of rooms in a landlord-occupied rooming
5house with a common entrance, nor with respect to discrimination
6based on sex, the advertising, rental or leasing of housing
7accommodations in a single-sex dormitory or rooms in one's
8personal residence in which common living areas are shared.

9(11) Nothing in this act limits the applicability of the
10Fair Housing Act and reasonable State or local restrictions on
11the maximum number of occupants permitted to occupy a dwelling
12or a reasonable restriction relating to health or safety
13standards or business necessity. Owners and managers of
14dwellings may develop and implement reasonable occupancy and
15safety standards based on factors such as the number and size of
16sleeping areas or bedrooms and the overall size of a dwelling
17unit so long as the standards do not violate the Fair Housing
18Act or State or local restrictions.

19(i) For any person being the owner, lessee, proprietor,
20manager, superintendent, agent or employe of any public
21accommodation, resort or amusement to:

22(1) Refuse, withhold from, or deny to any person because of
23his race, color, sex, religious creed, ancestry, sexual 
24orientation, gender identity or expression, national origin, or
25handicap or disability, or to any person due to use of a guide
26or support animal because of the blindness, deafness or physical
27handicap of the user or because the user is a handler or trainer
28of support or guide animals, either directly or indirectly, any
29of the accommodations, advantages, facilities or privileges of
30such public accommodation, resort or amusement.

1(2) Publish, circulate, issue, display, post or mail, either
2directly or indirectly, any written or printed communication,
3notice or advertisement to the effect that any of the
4accommodations, advantages, facilities and privileges of any
5such place shall be refused, withheld from or denied to any
6person on account of race, color, religious creed, sex,
7ancestry, sexual orientation, gender identity or expression,
8national origin or handicap or disability, or to any person due
9to use of a guide or support animal because of the blindness,
10deafness or physical handicap of the user, or because the user
11is a handler or trainer of support or guide animals, or that the
12patronage or custom thereat of any person, belonging to or
13purporting to be of any particular race, color, religious creed,
14sex, ancestry, sexual orientation, gender identity or 
15expression, national origin or handicap or disability, or to any
16person due to use of a guide or support animal because of the
17blindness, deafness or physical handicap of the user or because
18the user is a handler or trainer of support or guide animals, is
19unwelcome, objectionable or not acceptable, desired or
20solicited.

21(3) Exclude or otherwise deny equal goods, services,
22facilities, privileges, advantages, accommodations or other
23opportunities to a person because of the handicap or disability
24of an individual with whom the person is known to have a
25relationship or association.

26(4) Construct, operate or otherwise make available such
27place of public accommodation, resort or amusement which is not
28accessible.

29* * *

30Section 4. Sections 5.3 and 7(i), (j) and (k) of the act,
 

1amended December 20, 1991 (P.L.414, No.51), are amended to read:

2Section 5.3. Prohibition of Certain Real Estate Practices.--
3It shall be an unlawful discriminatory practice for any person
4to:

5(a) Induce, solicit or attempt to induce or solicit for
6commercial profit any listing, sale or transaction involving any
7housing accommodation or commercial property by representing
8that such housing accommodation or commercial property is within
9any neighborhood, community or area adjacent to any other area
10in which there reside, or do not reside, persons of a particular
11race, color, familial status, age, religious creed, ancestry,
12sexual orientation, gender identity or expression, sex, national
13origin, handicap or disability, or who are guide or support
14animal dependent.

15(b) Discourage, or attempt to discourage, for commercial
16profit, the purchase or lease of any housing accommodation or
17commercial property by representing that such housing
18accommodation or commercial property is within any neighborhood,
19community or area adjacent to any other area in which there
20reside, or may in the future reside in increased or decreased
21numbers, persons of a particular race, color, familial status,
22age, religious creed, ancestry, sexual orientation, gender 
23identity or expression, sex, national origin, handicap or
24disability, or who are guide or support animal dependent.

25(c) Misrepresent, create or distort a circumstance,
26condition or incident for the purpose of fostering the
27impression or belief, on the part of any owner, occupant or
28prospective owner or occupant of any housing accommodation or
29commercial property, that such housing accommodation or
30commercial property is within any neighborhood, community or

1area adjacent to any other area which would be adversely
2impacted by the residence, or future increased or decreased
3residence, of persons of a particular race, color, familial
4status, age, religious creed, ancestry, sexual orientation, 
5gender identity or expression, sex, national origin, handicap or
6disability, or who are guide or support animal dependent within
7such neighborhood, community or area.

8(d) In any way misrepresent or otherwise misadvertise within
9a neighborhood or community, whether or not in writing, that any
10housing accommodation or commercial property within such
11neighborhood or community is available for inspection, sale,
12lease, sublease or other transfer, in any context where such
13misrepresentation or misadvertising would have the effect of
14fostering an impression or belief that there has been or will be
15an increase in real estate activity within such neighborhood or
16community due to the residence, or anticipated increased or
17decreased residence, of persons of a particular race, color,
18familial status, age, religious creed, ancestry, sexual 
19orientation, gender identity or expression, sex, national
20origin, handicap or disability, or the use of a guide or support
21animal because of the blindness, deafness or physical handicap
22of the user.

23Section 7. Powers and Duties of the Commission.--The
24Commission shall have the following powers and duties:

25* * *

26(i) To create such advisory agencies and conciliation
27councils, local or state-wide, as will aid in effectuating the
28purposes of this act. The Commission may itself or it may
29empower these agencies and councils to (1) study the problems of
30discrimination in all or specific fields of human relationships

1when based on race, color, familial status, religious creed,
2ancestry, sexual orientation, gender identity or expression,
3age, sex, national origin or handicap or disability, and (2)
4foster, through community effort or otherwise, good will among
5the groups and elements of the population of the State. Such
6agencies and councils may make recommendations to the Commission
7for the development of policies and procedure in general.
8Advisory agencies and conciliation councils created by the
9Commission shall be composed of representative citizens, serving
10without pay, but the Commission may make provision for technical
11and clerical assistance to such agencies and councils, and for
12the payment of the expenses of such assistance.

13(j) To issue such publications and such results of
14investigations and research as, in its judgment, will tend to
15promote good will and minimize or eliminate discrimination
16because of race, color, familial status, religious creed,
17ancestry, sexual orientation, gender identity or expression,
18age, sex, national origin or handicap or disability.

19(k) To submit an annual report for each fiscal year by the
20following March 31 to the General Assembly, the Labor and
21Industry Committee of the Senate and the State Government
22Committee of the House of Representatives and the Governor
23describing in detail the types of complaints received, the
24investigations, status of cases, Commission action which has
25been taken, how many were found to have probable cause, how many
26were resolved by public hearing and the length of time from the
27initial complaint to final Commission resolution. It shall also
28contain recommendations for such further legislation concerning
29abuses and discrimination because of race, color, familial
30status, religious creed, ancestry, sexual orientation, gender
 

1identity or expression, national origin, age, sex, handicap or
2disability or the use of a guide or support animal because of
3the blindness, deafness or physical handicap of the user or
4because the user is a handler or trainer of support or guide
5animals, as may be desirable.

6* * *

7Section 5. Section 8 of the act, amended July 12, 1996 
8(P.L.684, No.117), is amended to read:

9Section 8. Educational Program.--The Commission, in
10cooperation with the Department of Education, is authorized to
11recommend a multicultural educational program, designed for the
12students of the schools in this Commonwealth and for all other
13residents thereof, with emphasis on foreign cultural and
14language studies, as well as on the basic shared precepts and
15principles of United States culture, in order to promote
16cultural understanding and appreciation and to further good will
17among all persons, without regard to race, color, familial
18status, religious creed, ancestry, sexual orientation, gender 
19identity or expression, age, sex, national origin, handicap or
20disability.

21Section 6. Section 12(b) of the act, amended December 20, 
221991 (P.L.414, No.51), is amended to read:

23Section 12. Construction and Exclusiveness of Remedy.--

24* * *

25(b) Except as provided in subsection (c), nothing contained
26in this act shall be deemed to repeal or supersede any of the
27provisions of any existing or hereafter adopted municipal
28ordinance, municipal charter or of any law of this Commonwealth
29relating to discrimination because of race, color, familial
30status, religious creed, ancestry, sexual orientation, gender
 

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

14* * *

15Section 7. This act shall take effect in 30 days.