PRINTER'S NO. 26
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
53
Session of
2019
INTRODUCED BY A. WILLIAMS, FONTANA, SCHWANK, COSTA, BARTOLOTTA
AND HUGHES, JANUARY 11, 2019
REFERRED TO LABOR AND INDUSTRY, JANUARY 11, 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 and for unlawful
discriminatory practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(c) of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended and the section is amended by adding a
subsection 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
employed in agriculture or in the domestic service of any
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person, (2)] any individuals, except domestic workers, who, as a
part of their employment, reside in the personal residence of
the employer, [(3)] (2) any individual employed by said
individual's parents, spouse or child.
* * *
(bb) (1) The term "domestic worker" includes an individual
employed in a home or personal residence of an employer for the
purpose of:
(i) caring for an individual under eighteen years of age;
(ii) serving as a companion for a sick or convalescing
individual or an individual over sixty-two years of age; or
(iii) housekeeping or any other domestic service.
(2) The term "domestic worker" does not include any of the
following:
(i) an individual who is working on a casual basis;
(ii) an individual who is engaged in companionship services,
as defined in section 213(a)(15) of the Fair Labor Standards Act
of 1938 (52 Stat. 1060, 29 U.S.C. ยง 213(a)(15)), and is employed
by an employer other than the family or household using the
individual's services; or
(iii) an individual who is a relative through blood,
marriage or adoption of either:
(A) an employer; or
(B) an individual for whom the domestic worker delivers
services under a program funded or administered by Federal,
State or local government.
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
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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 or independent contractor, to refuse to hire or
employ or contract with, or to bar or to discharge from
employment such individual or independent contractor, or to
otherwise discriminate against such individual or independent
contractor with respect to compensation, hire, tenure, terms,
conditions or privileges of employment or contract, if the
individual 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
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
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beliefs, practices, or observances of the corporation, or
association. Notwithstanding any provision of this clause, it
shall not be an unlawful discriminatory practice for an employer
to express a preference in the hiring or firing of an individual
as a domestic worker or in a personal or confidential capacity.
* * *
Section 3. This act shall take effect in 60 days.
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