PRINTER'S NO. 77
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
98
Session of
2021
INTRODUCED BY STREET, FONTANA, MUTH, SANTARSIERO, TARTAGLIONE,
BLAKE, COSTA AND KANE, JANUARY 25, 2021
REFERRED TO LABOR AND INDUSTRY, JANUARY 25, 2021
AN ACT
Prohibiting discrimination against individuals based on
unemployment status; providing for powers and duties of the
Department of Labor and Industry; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fair Chance
for Employment Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual pursuing employment with an
employer or with or through an employment agency.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." Any of the following:
(1) The Commonwealth.
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(2) A political subdivision.
(3) An instrumentality of the Commonwealth or a
political subdivision.
(4) A person or private entity that employs five or more
employees in the current or preceding calendar year and an
agent of the person or entity.
"Employment." An occupation or vocation.
"Employment agency." A person or entity, or an agent
thereof, regularly undertaking with or without compensation the
procurement of employees for an employer or to procure
opportunities for individuals to work for an employer.
"Unemployment status." An individual's current or recent
unemployment.
Section 3. Prohibition.
(a) Prohibition.--An employer or employment agency may not
use an applicant's unemployment status as a factor to consider
with regard to the hiring or compensation level of an applicant.
(b) Exception.--Nothing in this section shall be construed
to prohibit an employer or employment agency from posting a job
announcement that provides qualifications for a job opening,
including, but not limited to:
(1) Holding a current and valid professional or
occupational license, certificate, registration, permit or
other credential.
(2) A minimum level of education or training or
professional, occupational or field experience.
Section 4. Enforcement.
(a) Penalty.--The department, after reasonable
investigation, may assess a penalty not to exceed $500 for a
violation of section 3.
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(b) Procedure.--An action or adjudication of the department
under this section shall be subject to 2 Pa.C.S. Chs. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth
agency action).
Section 5. Effective date.
This act shall take effect in 90 days.
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