student or trainee.
(cc) The term "volunteer" means an individual who holds an
unpaid position under the direct supervision of an employe.
Section 2. Section 5(a) of the act 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:
(a) For any employer because of the race, color, religious
creed, ancestry, age, sex, national origin or non-job related
handicap or disability or the use of a guide or support animal
because of the blindness, deafness or physical handicap of any
individual, intern, volunteer or independent contractor, to
refuse to hire or employ or contract with, or to bar or to
discharge from employment such individual, intern, volunteer or
independent contractor, or to otherwise discriminate against
such individual, intern, volunteer or independent contractor
with respect to compensation, hire, tenure, terms, conditions or
privileges of employment or contract, if the individual, intern,
volunteer or independent contractor is the best able and most
competent to perform the services required. The [provision]
provisions of this paragraph shall not apply, to (1) operation
of the terms or conditions of any bona fide retirement or
pension plan which have the effect of a minimum service
requirement, (2) operation of the terms or conditions of any
bona fide group or employe insurance plan, (3) age limitations
placed upon entry into bona fide apprenticeship programs of two
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