THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. SMITH, PARKER, THOMAS, BISHOP, K. BOYLE, BRENNAN, V. BROWN, BROWNLEE, CALTAGIRONE, CONKLIN, D. COSTA, P. COSTA, DALEY, DAVIS, DEASY, DeLUCA, DePASQUALE, DONATUCCI, FRANKEL, FREEMAN, GALLOWAY, GEORGE, GOODMAN, HARKINS, HARPER, HORNAMAN, JAMES, JOSEPHS, KORTZ, KOTIK, MAHONEY, MANN, MATZIE, MUNDY, MURT, MYERS, M. O'BRIEN, PAYTON, QUINN, RAVENSTAHL, READSHAW, SANTARSIERO, STABACK, STEPHENS, TAYLOR, WATERS, WHITE, WILLIAMS, YOUNGBLOOD, B. BOYLE AND GEIST, JULY 2, 2012

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 2, 2012  

AN ACT

Amending the act of October 27, 1955 (P.L.744, No.222),

entitled, as amended, "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 of the act of October 27, 1955

(P.L.744, No.222), known as the Pennsylvania Human Relations

Act, is amended by adding a clause to read:

Section 4.  Definitions.--As used in this act unless a

different meaning clearly appears from the context:

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(bb)  The term "pregnancy" means women affected by pregnancy,

childbirth or related medical conditions.

Section 2.  Section 5(a) of the act, amended December 20,

1991 (P.L.414, No.51), 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 pregnancy 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 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 beliefs, practices, or

observances of the corporation, or association.

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Section 3.  This act shall take effect in 60 days.