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PRINTER'S NO. 620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
490
Session of
2019
INTRODUCED BY FARNESE, FONTANA, LEACH, MUTH, A. WILLIAMS,
SANTARSIERO, COLLETT, HAYWOOD, BREWSTER, KEARNEY, COSTA,
HUGHES AND TARTAGLIONE, APRIL 18, 2019
REFERRED TO LABOR AND INDUSTRY, APRIL 18, 2019
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, for procedure and for
construction and exclusiveness of remedy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4(b), 9(h) and 12(c) and (c.2) of the
act of October 27, 1955 (P.L.744, No.222), known as the
Pennsylvania Human Relations Act, are amended to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(b) The term "employer" includes the Commonwealth or any
political subdivision or board, department, commission or school
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district thereof and any person employing [four] one or more
persons within the Commonwealth, but except as hereinafter
provided, does not include religious, fraternal, charitable or
sectarian corporations or associations, except such corporations
or associations supported, in whole or in part, by governmental
appropriations. The term "employer" with respect to
discriminatory practices based on race, color, age, sex,
national origin or non-job related handicap or disability,
includes religious, fraternal, charitable and sectarian
corporations and associations employing [four] one or more
persons within the Commonwealth.
* * *
Section 9. Procedure.--* * *
(h) Any complaint filed pursuant to this section must be so
filed within [one hundred eighty days] three hundred days after
the alleged act of discrimination, unless otherwise required by
the Fair Housing Act.
* * *
Section 12. Construction and Exclusiveness of Remedy.--
* * *
(c) (1) In cases involving a claim of discrimination, if a
complainant invokes the procedures set forth in this act, that
individual's right of action in the courts of the Commonwealth,
including the right to demand a trial by jury, shall not be
foreclosed. If within one (1) year after the filing of a
complaint with the Commission, the Commission dismisses the
complaint or has not entered into a conciliation agreement to
which the complainant is a party, the Commission must so notify
the complainant. On receipt of such a notice the complainant
shall be able to bring an action in the courts of common pleas
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of the Commonwealth based on the right to freedom from
discrimination granted by this act.
(2) An action under this subsection shall be filed within
two years after the date of notice from the Commission closing
the complaint. Any complaint so filed shall be served on the
Commission at the time the complaint is filed in court. The
Commission shall notify the complainant of this requirement.
(3) If the court or jury finds that the respondent has
engaged in or is engaging in an unlawful discriminatory practice
charged in the complaint, the court shall enjoin the respondent
from engaging in such unlawful discriminatory practice and order
affirmative action which may include, but is not limited to,
reinstatement or hiring of employes, granting of back pay, or
any other legal or equitable relief as the court or jury deems
appropriate. Back pay liability shall not accrue from a date
more than three years prior to the filing of a complaint
charging violations of this act.
(3.1) In addition to the legal and equitable relief
permitted under this section, the plaintiff may recover punitive
damages if the plaintiff demonstrates that the defendant engaged
in or is engaging in an unlawful discriminatory practice charged
in the complaint with malice or reckless indifference to the
rights of the plaintiff. This paragraph does not apply to an
action against the Commonwealth or a political subdivision or
board, department, commission or school district thereof.
(4) The court shall serve upon the Commission any final
order issued in any action brought under this subsection.
* * *
(c.2) If, after a trial held pursuant to subsection (c), the
court of common pleas finds that a defendant engaged in or is
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engaging in any unlawful discriminatory practice as defined in
this act, the [court may award attorney fees and costs to the]
prevailing plaintiff[.] is entitled to the award of reasonable
attorney fees and costs unless the court determines that special
circumstances exist to justify denial of such fees.
* * *
Section 2. This act shall not be construed to affect an
action or proceeding commenced or right accrued before the
effective date of this section.
Section 3. This act shall take effect in 60 days.
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