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PRINTER'S NO. 1698
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1148
Session of
2018
INTRODUCED BY TARTAGLIONE, FONTANA, FARNESE, HUGHES, SCHWANK,
COSTA, BREWSTER AND WILLIAMS, APRIL 24, 2018
REFERRED TO LABOR AND INDUSTRY, APRIL 24, 2018
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"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 definitions and for unlawful
discriminatory practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "employee" and "independent
contractor" in section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, are amended and the section is amended by adding
definitions to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
[(c) The term "employe" does not include (1) any individual
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employed in agriculture or in the domestic service of any
person, (2) any individuals who, as a part of their employment,
reside in the personal residence of the employer, (3) any
individual employed by said individual's parents, spouse or
child.]
(c) The term "employe" means an individual who performs work
for an employer for wages. The term does not include:
(1) any individual employed in agriculture or in the
domestic service of any person;
(2) any individual who, as a part of the individual's
employment, resides in the personal residence of the employer;
or
(3) any individual employed by the individual's parents,
spouse or child.
* * *
(x) The term "independent contractor" includes:
(1) any person who is subject to the provisions governing
any of the professions and occupations regulated by State
licensing laws enforced by the Bureau of Professional and
Occupational Affairs in the Department of State, or is included
in the Fair Housing Act (Public Law 90-284, 42 U.S.C. ยง 3601 et
seq.)[.]; or
(2) any person, other than an employe, who performs a
service for remuneration under a contract, written or oral,
express or implied, for an employer.
* * *
(bb) The term "intern" means a student or trainee who
performs work on a temporary basis for an employer under the
direct supervision of an employe in order to gain work
experience regardless of whether the employer pays wages to the
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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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years or more approved by the State Apprenticeship and Training
Council of the Department of Labor and Industry, established by
the act of July 14, 1961 (P.L.604, No.304), known as "The
Apprenticeship and Training Act." Notwithstanding any provision
of this clause, it shall not be an unlawful employment practice
for a religious corporation or association to hire or employ on
the basis of sex in those certain instances where sex is a bona
fide occupational qualification because of the religious
beliefs, practices, or observances of the corporation, or
association.
* * *
Section 3. This act shall take effect in 60 days.
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