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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CARROLL AND JOSEPHS, FEBRUARY 4, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 2010 |
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| AN ACT |
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1 | Amending the act of October 27, 1955 (P.L.744, No.222), |
2 | entitled, as amended, "An act prohibiting certain practices |
3 | of discrimination because of race, color, religious creed, |
4 | ancestry, age or national origin by employers, employment |
5 | agencies, labor organizations and others as herein defined; |
6 | creating the Pennsylvania Human Relations Commission in the |
7 | Governor's Office; defining its functions, powers and duties; |
8 | providing for procedure and enforcement; providing for |
9 | formulation of an educational program to prevent prejudice; |
10 | providing for judicial review and enforcement and imposing |
11 | penalties," further providing for findings and declaration of |
12 | policy and for right to freedom from discrimination in |
13 | housing and public accommodation; defining "marital status"; |
14 | and further providing for unlawful discriminatory practices. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Sections 2 and 3 of the act of October 27, 1955 |
18 | (P.L.744, No.222), known as the Pennsylvania Human Relations |
19 | Act, amended December 20, 1991 (P.L.414, No.51), are amended to |
20 | read: |
21 | Section 2. Findings and Declaration of Policy.-- |
22 | (a) The practice or policy of discrimination against |
23 | individuals or groups by reason of their race, color, familial |
24 | status, marital status, religious creed, ancestry, age, sex, |
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1 | national origin, handicap or disability, use of guide or support |
2 | animals because of the blindness, deafness or physical handicap |
3 | of the user or because the user is a handler or trainer of |
4 | support or guide animals is a matter of concern of the |
5 | Commonwealth. Such discrimination foments domestic strife and |
6 | unrest, threatens the rights and privileges of the inhabitants |
7 | of the Commonwealth, and undermines the foundations of a free |
8 | democratic state. The denial of equal employment, housing and |
9 | public accommodation opportunities because of such |
10 | discrimination, and the consequent failure to utilize the |
11 | productive capacities of individuals to their fullest extent, |
12 | deprives large segments of the population of the Commonwealth of |
13 | earnings necessary to maintain decent standards of living, |
14 | necessitates their resort to public relief and intensifies group |
15 | conflicts, thereby resulting in grave injury to the public |
16 | health and welfare, compels many individuals to live in |
17 | dwellings which are substandard, unhealthful and overcrowded, |
18 | resulting in racial segregation in public schools and other |
19 | community facilities, juvenile delinquency and other evils, |
20 | thereby threatening the peace, health, safety and general |
21 | welfare of the Commonwealth and its inhabitants. |
22 | (b) It is hereby declared to be the public policy of this |
23 | Commonwealth to foster the employment of all individuals in |
24 | accordance with their fullest capacities regardless of their |
25 | race, color, religious creed, familial status, marital status, |
26 | ancestry, age, sex, national origin, handicap or disability, use |
27 | of guide or support animals because of the blindness, deafness |
28 | or physical handicap of the user or because the user is a |
29 | handler or trainer of support or guide animals, and to safeguard |
30 | their right to obtain and hold employment without such |
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1 | discrimination, to assure equal opportunities to all individuals |
2 | and to safeguard their rights to public accommodation and to |
3 | secure housing accommodation and commercial property regardless |
4 | of race, color, familial status, marital status, religious |
5 | creed, ancestry, age, sex, national origin, handicap or |
6 | disability, use of guide or support animals because of blindness |
7 | or deafness of the user or because the user is a handler or |
8 | trainer of guide or support animals. |
9 | (c) This act shall be deemed an exercise of the police power |
10 | of the Commonwealth for the protection of the public welfare, |
11 | prosperity, health and peace of the people of the Commonwealth |
12 | of Pennsylvania. |
13 | Section 3. Right to Freedom from Discrimination in |
14 | Employment, Housing and Public Accommodation.--The opportunity |
15 | for an individual to obtain employment for which he is |
16 | qualified, and to obtain all the accommodations, advantages, |
17 | facilities and privileges of any public accommodation and of any |
18 | housing accommodation and commercial property without |
19 | discrimination because of race, color, familial status, marital |
20 | status, religious creed, ancestry, handicap or disability, age, |
21 | sex, national origin, the use of a guide or support animal |
22 | because of the blindness, deafness or physical handicap of the |
23 | user or because the user is a handler or trainer of support or |
24 | guide animals is hereby recognized as and declared to be a civil |
25 | right which shall be enforceable as set forth in this act. |
26 | Section 2. Section 4 of the act is amended by adding a |
27 | definition to read: |
28 | Section 4. Definitions.--As used in this act unless a |
29 | different meaning clearly appears from the context: |
30 | * * * |
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1 | (bb) The term "marital status" means whether a person is |
2 | single, married, divorced, separated or widowed. |
3 | Section 3. Section 5(a), (b), (c), (f) and (g) of the act, |
4 | amended December 20, 1991 (P.L.414, No.51), are amended to read: |
5 | Section 5. Unlawful Discriminatory Practices.--It shall be |
6 | an unlawful discriminatory practice, unless based upon a bona |
7 | fide occupational qualification, or in the case of a fraternal |
8 | corporation or association, unless based upon membership in such |
9 | association or corporation, or except where based upon |
10 | applicable security regulations established by the United States |
11 | or the Commonwealth of Pennsylvania: |
12 | (a) For any employer because of the race, color, religious |
13 | creed, ancestry, familial status, marital status, age, sex, |
14 | national origin or non-job related handicap or disability or the |
15 | use of a guide or support animal because of the blindness, |
16 | deafness or physical handicap of any individual or independent |
17 | contractor, to refuse to hire or employ or contract with, or to |
18 | bar or to discharge from employment such individual or |
19 | independent contractor, or to otherwise discriminate against |
20 | such individual or independent contractor with respect to |
21 | compensation, hire, tenure, terms, conditions or privileges of |
22 | employment or contract, if the individual or independent |
23 | contractor is the best able and most competent to perform the |
24 | services required. The provision of this paragraph shall not |
25 | apply, to (1) operation of the terms or conditions of any bona |
26 | fide retirement or pension plan which have the effect of a |
27 | minimum service requirement, (2) operation of the terms or |
28 | conditions of any bona fide group or employe insurance plan, (3) |
29 | age limitations placed upon entry into bona fide apprenticeship |
30 | programs of two years or more approved by the State |
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1 | Apprenticeship and Training Council of the Department of Labor |
2 | and Industry, established by the act of July 14, 1961 (P.L.604, |
3 | No.304), known as "The Apprenticeship and Training Act." |
4 | Notwithstanding any provision of this clause, it shall not be an |
5 | unlawful employment practice for a religious corporation or |
6 | association to hire or employ on the basis of sex in those |
7 | certain instances where sex is a bona fide occupational |
8 | qualification because of the religious beliefs, practices, or |
9 | observances of the corporation, or association. |
10 | (b) For any employer, employment agency or labor |
11 | organization, prior to the employment, contracting with an |
12 | independent contractor or admission to membership, to: |
13 | (1) Elicit any information or make or keep a record of or |
14 | use any form of application or application blank containing |
15 | questions or entries concerning the race, color, religious |
16 | creed, ancestry, age, familial status, marital status, sex, |
17 | national origin, past handicap or disability or the use of a |
18 | guide or support animal because of the blindness, deafness or |
19 | physical handicap of any applicant for employment or membership. |
20 | Prior to an offer of employment, an employer may not inquire as |
21 | to whether an individual has a handicap or disability or as to |
22 | the severity of such handicap or disability. An employer may |
23 | inquire as to the individual's ability to perform the essential |
24 | functions of the employment. |
25 | (2) Print or publish or cause to be printed or published any |
26 | notice or advertisement relating to employment or membership |
27 | indicating any preference, limitation, specification or |
28 | discrimination based upon race, color, religious creed, |
29 | ancestry, age, familial status, marital status, sex, national |
30 | origin, non-job related handicap or disability or the use of a |
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1 | guide or support animal because of the blindness, deafness or |
2 | physical handicap of the user. |
3 | (3) Deny or limit, through a quota system, employment or |
4 | membership because of race, color, religious creed, ancestry, |
5 | age, familial status, marital status, sex, national origin, non- |
6 | job related handicap or disability, the use of a guide or |
7 | support animal because of the blindness, deafness or physical |
8 | handicap of the user or place of birth. |
9 | (4) Substantially confine or limit recruitment or hiring of |
10 | individuals, with intent to circumvent the spirit and purpose of |
11 | this act, to any employment agency, employment service, labor |
12 | organization, training school or training center or any other |
13 | employe-referring source which services individuals who are |
14 | predominantly of the same race, color, religious creed, |
15 | ancestry, age, familial status, marital status, sex, national |
16 | origin or non-job related handicap or disability. |
17 | (5) Deny employment because of a prior handicap or |
18 | disability. |
19 | Nothing in clause (b) of this section shall bar any |
20 | institution or organization for handicapped or disabled persons |
21 | from limiting or giving preference in employment or membership |
22 | to handicapped or disabled persons. |
23 | (c) For any labor organization because of the race, color, |
24 | religious creed, ancestry, age, familial status, marital status, |
25 | sex, national origin, non-job related handicap or disability or |
26 | the use of a guide or support animal because of the blindness, |
27 | deafness or physical handicap of any individual to deny full and |
28 | equal membership rights to any individual or otherwise to |
29 | discriminate against such individuals with respect to hire, |
30 | tenure, terms, conditions or privileges of employment or any |
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1 | other matter, directly or indirectly, related to employment. |
2 | * * * |
3 | (f) For any employment agency to fail or refuse to classify |
4 | properly, refer for employment or otherwise to discriminate |
5 | against any individual because of his race, color, religious |
6 | creed, ancestry, age, sex, familial status, marital status, |
7 | national origin, non-job related handicap or disability or the |
8 | use of a guide or support animal because of the blindness, |
9 | deafness or physical handicap of the user. |
10 | (g) For any individual seeking employment to publish or |
11 | cause to be published any advertisement which in any manner |
12 | expresses a limitation or preference as to the race, color, |
13 | religious creed, ancestry, age, sex, familial status, marital |
14 | status, national origin, non-job related handicap or disability |
15 | or the use of a guide or support animal because of the |
16 | blindness, deafness or physical handicap of any prospective |
17 | employer. |
18 | * * * |
19 | Section 4. This act shall take effect in 60 days. |
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