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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY JOHNSON, PAYTON, YOUNGBLOOD, JOSEPHS, V. BROWN AND MYERS, FEBRUARY 17, 2011 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 17, 2011 |
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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 unlawful discriminatory |
12 | practices relating to certain employment practices and for |
13 | prohibition of certain real estate practices. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 5(b) of the act of October 27, 1955 |
17 | (P.L.744, No.222), known as the Pennsylvania Human Relations |
18 | Act, amended December 20, 1991 (P.L.414, No.51), is amended to |
19 | read: |
20 | Section 5. Unlawful Discriminatory Practices.--It shall be |
21 | an unlawful discriminatory practice, unless based upon a bona |
22 | fide occupational qualification, or in the case of a fraternal |
23 | corporation or association, unless based upon membership in such |
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1 | association or corporation, or except where based upon |
2 | applicable security regulations established by the United States |
3 | or the Commonwealth of Pennsylvania: |
4 | * * * |
5 | (b) For any employer, employment agency or labor |
6 | organization, prior to the employment, contracting with an |
7 | independent contractor or admission to membership, to: |
8 | (1) Elicit any information or make or keep a record of or |
9 | use any form of application or application blank containing |
10 | questions or entries concerning the race, color, religious |
11 | creed, ancestry, age, sex, national origin, past handicap or |
12 | disability or the use of a guide or support animal because of |
13 | the blindness, deafness or physical handicap of any applicant |
14 | for employment or membership. Prior to an offer of employment, |
15 | an employer may not inquire as to whether an individual has a |
16 | handicap or disability or as to the severity of such handicap or |
17 | disability. An employer may inquire as to the individual's |
18 | ability to perform the essential functions of the employment. |
19 | (2) Print or publish or cause to be printed or published any |
20 | notice or advertisement relating to employment or membership |
21 | indicating any preference, limitation, specification or |
22 | discrimination based upon race, color, religious creed, |
23 | ancestry, age, sex, national origin, non-job related handicap or |
24 | disability or the use of a guide or support animal because of |
25 | the blindness, deafness or physical handicap of the user. |
26 | (3) Deny or limit, through a quota system, employment or |
27 | membership because of race, color, religious creed, ancestry, |
28 | age, sex, national origin, non-job related handicap or |
29 | disability, the use of a guide or support animal because of the |
30 | blindness, deafness or physical handicap of the user or place of |
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1 | birth. |
2 | (4) Substantially confine or limit recruitment or hiring of |
3 | individuals, with intent to circumvent the spirit and purpose of |
4 | this act, to any employment agency, employment service, labor |
5 | organization, training school or training center or any other |
6 | employe-referring source which services individuals who are |
7 | predominantly of the same race, color, religious creed, |
8 | ancestry, age, sex, national origin or non-job related handicap |
9 | or disability. |
10 | (5) Deny employment because of a prior handicap or |
11 | disability. |
12 | (6) Require an applicant to disclose a criminal history on |
13 | an application for employment, unless the job has predetermined |
14 | security regulations established by the Federal or State |
15 | Government. |
16 | Nothing in clause (b) of this section shall bar any |
17 | institution or organization for handicapped or disabled persons |
18 | from limiting or giving preference in employment or membership |
19 | to handicapped or disabled persons. |
20 | * * * |
21 | Section 2. Section 5.3 of the act is amended by adding a |
22 | clause to read: |
23 | Section 5.3. Prohibition of Certain Real Estate Practices.-- |
24 | It shall be an unlawful discriminatory practice for any person |
25 | to: |
26 | * * * |
27 | (e) Require a person to disclose a criminal history on an |
28 | application for housing accommodation or commercial property. |
29 | Section 3. This act shall take effect in 60 days. |
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