PRINTER'S NO. 383

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

415

Session of

2023

INTRODUCED BY GALLOWAY, MADDEN, HILL-EVANS, CIRESI, SCHLOSSBERG,

ISAACSON, SANCHEZ, D. WILLIAMS, SHUSTERMAN, FREEMAN, KINKEAD,

N. NELSON AND GREEN, MARCH 14, 2023

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 powers and duties

of the commission; providing for policies and procedures; and

establishing the Human Relations Training Fund.

The General Assembly of the Commonwealth of Pennsylvania

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(b) The term "employer" includes the Commonwealth or any

political subdivision or board, department, commission or school

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,

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.] means an individual subject to an employer's power to

control the nature and parameters of the individual's

activities, including hiring, firing, training, scheduling,

directing work and proscribing the manner in which the work

should be completed. The term does not include:

(1) an individual who is employed by, and who is working on

a casual basis in a home or personal residence of, another

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(f) To initiate, receive, investigate and pass upon

complaints charging unlawful discriminatory practices and

violations of section 7.1.

* * *

Section 2. The act is amended by adding a section to read:

Section 7.1. Policies and Procedures.--(a) An employer

shall adopt written policies and procedures for preventing

harassment, discrimination and retaliation against employes. The

policies and procedures shall include, at a minimum, all of the

following:

(1) An explanation that harassment, discrimination and

retaliation are unlawful acts under Federal and State law.

(4) The specific responsibilities of a supervisor in the

identification, prevention and reporting of harassment,

discrimination and retaliation.

(5) An explanation of the procedures for maintaining

confidentiality surrounding the reporting of harassment,

discrimination and retaliation claims.

(6) A procedure for the timely, thorough and prompt

investigation of claims of harassment, discrimination and

retaliation filed by an employe.

(b) An employer shall make the policies and procedures

harassment, discrimination and retaliation as needed to remain

in compliance with Federal and State law.

(d) An employer shall keep records of the current policies

and procedures and make them available for inspection by the

Commission upon request. If applicable, employers shall also

keep a record of the immediately preceding policies and

procedures for a period of three years after the effective date

publicly accessible Internet website.

(f) The Commission shall publish on its publicly accessible

Internet website, and transmit to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin, any changes

to Federal or State harassment, discrimination or retaliation

laws that would impact the standard policies and procedures

under clause (e) within forty-five days of the changes. The

Commission may establish an electronic notification system to

alert employers of changes to the standard policies and

procedures.

section and may issue a citation and impose a fine as provided

in clause (h).

(h) The Commission has the power to issue citations and

impose fines on an employer for a violation of this section as

follows:

(1) A fine of not less than five hundred dollars ($500) and

not more than one thousand dollars ($1,000) for the first

violation.

issuance of the citation, that the violation has been cured.

(i) The Human Relations Training Fund is established as a

separate fund in the State Treasury. A fine imposed and

collected by the Commission under clause (h) shall be deposited

into the fund. The money in the fund is appropriated on a

continuing basis to the Commission to be used for training,

education and outreach.