Bill Text: PA HB828 | 2009-2010 | Regular Session | Introduced

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Bill Title: Prohibiting certain practices of discrimination because of genetic information.

Spectrum: Slight Partisan Bill (Democrat 15-5)

Status: (Introduced - Dead) 2009-03-10 - Referred to STATE GOVERNMENT [HB828 Detail]

Download: Pennsylvania-2009-HB828-Introduced.html

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PRINTER'S NO. 935
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 828 Session of2009
INTRODUCED BY READSHAW, CUTLER, SIPTROTH, CARROLL, FREEMAN, GIBBONS, W. KELLER, KORTZ, KULA, LONGIETTI, McGEEHAN, MELIO, MENSCH, MUNDY, MUSTIO, M. O'BRIEN, STABACK, VULAKOVICH AND YOUNGBLOOD, MARCH 10, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 2009
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," prohibiting certain practices of discrimination
because of genetic information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 2 and 3 of the act of
October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act, amended December 20, 1991 (P.L.414, No.51),
are amended to read:
AN ACT
Prohibiting certain practices of discrimination because of
genetic information, 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.
Section 2. Findings and Declaration of Policy.--
(a) The practice or policy of discrimination against
individuals or groups by reason of their genetic information,
race, color, familial status, religious creed, ancestry, age,
sex, national origin, handicap or disability, use of guide or
support animals because of the blindness, deafness or physical
handicap of the user or because the user is a handler or trainer
of support or guide animals is a matter of concern of the
Commonwealth. Such discrimination foments domestic strife and
unrest, threatens the rights and privileges of the inhabitants
of the Commonwealth, and undermines the foundations of a free
democratic state. The denial of equal employment, housing and
public accommodation opportunities because of such
discrimination, and the consequent failure to utilize the
productive capacities of individuals to their fullest extent,
deprives large segments of the population of the Commonwealth of
earnings necessary to maintain decent standards of living,
necessitates their resort to public relief and intensifies group
conflicts, thereby resulting in grave injury to the public
health and welfare, compels many individuals to live in
dwellings which are substandard, unhealthful and overcrowded,
resulting in racial segregation in public schools and other
community facilities, juvenile delinquency and other evils,
thereby threatening the peace, health, safety and general
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welfare of the Commonwealth and its inhabitants.
(b) It is hereby declared to be the public policy of this
Commonwealth to foster the employment of all individuals in
accordance with their fullest capacities regardless of their
race, color, religious creed, ancestry, age, sex, national
origin, handicap or disability, use of guide or support animals
because of the blindness, deafness or physical handicap of the
user or because the user is a handler or trainer of support or
guide animals, and to safeguard their right to obtain and hold
employment without such discrimination, to assure equal
opportunities to all individuals and to safeguard their rights
to public accommodation and to secure housing accommodation and
commercial property regardless of genetic information, race,
color, familial status, religious creed, ancestry, age, sex,
national origin, handicap or disability, use of guide or support
animals because of blindness or deafness of the user or because
the user is a handler or trainer of guide or support animals.
(c) This act shall be deemed an exercise of the police power
of the Commonwealth for the protection of the public welfare,
prosperity, health and peace of the people of the Commonwealth
of Pennsylvania.
Section 3. Right to Freedom from Discrimination in
Employment, Housing and Public Accommodation.--The opportunity
for an individual to obtain employment for which he is
qualified, and to obtain all the accommodations, advantages,
facilities and privileges of any public accommodation and of any
housing accommodation and commercial property without
discrimination because of genetic information, race, color,
familial status, religious creed, ancestry, handicap or
disability, age, sex, national origin, the use of a guide or
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support animal because of the blindness, deafness or physical
handicap of the user or because the user is a handler or trainer
of support or guide animals is hereby recognized as and declared
to be a civil right which shall be enforceable as set forth in
this act.
Section 2. Sections 4 and 5 of the act, amended December 20,
1991 (P.L.414, No.51), July 12, 1996 (P.L.684, No.117) and June
25, 1997 (P.L.326, No.34), are amended to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
(a) The term "person" includes one or more individuals,
partnerships, associations, organizations, corporations, legal
representatives, trustees in bankruptcy or receivers. It also
includes, but is not limited to, any owner, lessor, assignor,
builder, manager, broker, salesman, agent, employe, independent
contractor, lending institution and the Commonwealth of
Pennsylvania, and all political subdivisions, authorities,
boards and commissions thereof.
(b) The term "employer" includes the Commonwealth or any
political subdivision or board, department, commission or school
district thereof and any person employing four 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 genetic information, race,
color, age, sex, national origin or non-job related handicap or
disability, includes religious, fraternal, charitable and
sectarian corporations and associations employing four or more
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persons within the Commonwealth.
(c) The term "employe" does not include (1) any individual
employed in agriculture or in the domestic service of any
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.
(d) The term "labor organizations" includes any organization
which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in relation to employment.
(e) The term "employment agency" includes any person
regularly undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer or place
employes.
(f) The term "Commission" means the Pennsylvania Human
Relations Commission created by this act.
(g) The term "discriminate" includes segregate.
(h) The term "age" includes any person forty years of age or
older and shall also include any other person so protected by
further amendment to the Federal Age Discrimination in
Employment Act.
(i) The term "housing accommodations" includes (1) any
building, structure, mobile home site or facility, or portion
thereof, which is used or occupied or is intended, arranged or
designed to be used or occupied as the home residence or
sleeping place of one or more individuals, groups or families
whether or not living independently of each other; and (2) any
vacant land offered for sale, lease or held for the purpose of
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constructing or locating thereon any such building, structure,
mobile home site or facility. The term "housing accommodation"
shall not include any personal residence offered for rent by the
owner or lessee thereof or by his or her broker, salesperson,
agent or employe.
(j) The term "commercial property" means (1) any building,
structure or facility, or portion thereof, which is used,
occupied or is intended, arranged or designed to be used or
occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation; and (2) any vacant land
offered for sale, lease or held for the purpose of constructing
or locating thereon any such building, structure, facility,
business concern or public accommodation.
(k) The term "personal residence" means a building or
structure containing living quarters occupied or intended to be
occupied by no more than two individuals, two groups or two
families living independently of each other and used by the
owner or lessee thereof as a bona fide residence for himself and
any members of his family forming his household.
(l) The term "public accommodation, resort or amusement"
means any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public,
including but not limited to inns, taverns, roadhouses, hotels,
motels, whether conducted for the entertainment of transient
guests or for the accommodation of those seeking health,
recreation or rest, or restaurants or eating houses, or any
place where food is sold for consumption on the premises,
buffets, saloons, barrooms or any store, park or enclosure where
spirituous or malt liquors are sold, ice cream parlors,
confectioneries, soda fountains and all stores where ice cream,
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ice and fruit preparations or their derivatives, or where
beverages of any kind are retailed for consumption on the
premises, drug stores, dispensaries, clinics, hospitals,
bathhouses, swimming pools, barber shops, beauty parlors, retail
stores and establishments, theatres, motion picture houses,
airdromes, roof gardens, music halls, race courses, skating
rinks, amusement and recreation parks, fairs, bowling alleys,
gymnasiums, shooting galleries, billiard and pool parlors,
public libraries, kindergartens, primary and secondary schools,
high schools, academies, colleges and universities, extension
courses and all educational institutions under the supervision
of this Commonwealth, nonsectarian cemeteries, garages and all
public conveyances operated on land or water or in the air as
well as the stations, terminals and airports thereof, financial
institutions and all Commonwealth facilities and services,
including such facilities and services of all political
subdivisions thereof, but shall not include any accommodations
which are in their nature distinctly private.
(m) The term "political subdivision" means any county, city,
borough, incorporated town or township of this Commonwealth.
(n) The term "legislative body" means the body or board
authorized by law to enact ordinances or adopt resolutions for
the political subdivision.
(o) The term "local commission" means a Human Relations
Commission created by the legislative body of a political
subdivision.
(p) The term "non-job related handicap or disability" means
any handicap or disability which does not substantially
interfere with the ability to perform the essential functions of
the employment which a handicapped person applies for, is
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engaged in or has been engaged in. Uninsurability or increased
cost of insurance under a group or employe insurance plan does
not render a handicap or disability job related.
(p.1) The term "handicap or disability," with respect to a
person, means:
(1) a physical or mental impairment which substantially
limits one or more of such person's major life activities;
(2) a record of having such an impairment; or
(3) being regarded as having such an impairment, but such
term does not include current, illegal use of or addiction to a
controlled substance, as defined in section 102 of the
Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802).
(q) The term "permanent hearing examiner" shall mean a full-
time employe who is an attorney.
(r) The term "designated agent of the complainant" shall
mean an individual who is a para-legal under the supervision of
a practicing attorney.
(s) The term "commercial profit" means any form of
compensation in money, or which can be measured in terms of
money.
(t) The term "familial status" means one or more individuals
who have not attained the age of eighteen years being domiciled
with:
(1) a parent or other person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having such
custody, with the written permission of such parent or other
person.
The protections afforded against discrimination on the basis of
familial status shall apply to any person who is pregnant or is
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in the process of securing legal custody of any individual who
has not attained the age of 18 years.
(u) The term "Fair Housing Act" means Public Law 90-284, 42
U.S.C. § 3601 et seq.
(v) The term "accessible" means being in compliance with the
applicable standards set forth in the following:
(1) the Fair Housing Act (Public Law 90-284, 42 U.S.C. §
3601 et seq.);
(2) the Americans with Disabilities Act of 1990 (Public Law
101-336, 42 U.S.C. § 12101 et seq.); and
(3) the act of September 1, 1965 (P.L.459, No.235),
entitled, as amended, "An act requiring that certain buildings
and facilities adhere to certain principles, standards and
specifications to make the same accessible to and usable by
persons with physical handicaps, and providing for enforcement."
(w) (1) The term "housing for older persons" means housing:
(i) provided under any Federal or State program that the
Pennsylvania Human Relations Commission determines is
specifically designed and operated to assist elderly persons as
defined in the Federal or State program;
(ii) is intended for and solely occupied by persons sixty-
two years of age or older; or
(iii) is intended and operated for occupancy by at least one
person fifty-five years of age or older per unit.
(2) In determining whether housing qualifies as housing for
older persons under this clause, the Pennsylvania Human
Relations Commission's requirements shall include, but not be
limited to, the following:
(ii) At least eighty percent of the units are occupied by at
least one person fifty-five years of age or older per unit.
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(iii) There is publication of, and adherence to, policies
and procedures which demonstrate an intent by the owner or
manager to provide housing for persons fifty-five years of age
or older.
(iv) The housing complies with regulations promulgated by
the Pennsylvania Human Relations Commission for verification of
occupancy. Regulations under this paragraph shall do all of the
following:
(A) Provide for verification by reliable surveys and
affidavits. Surveys and affidavits under this subparagraph shall
be admissible in administrative and judicial proceedings for the
purpose of verification under this paragraph.
(B) Include examples of the types of policies and procedures
relevant to a determination of compliance with the requirement
of paragraph (iii).
(3) Housing shall not fail to meet the requirements for
housing for older persons by reason of unoccupied units provided
that such units are reserved for occupancy by persons who meet
the age requirements of this clause.
(x) The term "independent contractor" includes any person
who is subject to the provisions governing any of the
professions and occupations regulated by State licensing laws
enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing
Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.).
(y) The term "real estate-related transaction" means any of
the following:
(1) The making or purchasing of loans or providing other
financial assistance for purchasing, constructing, improving,
repairing or maintaining a housing accommodation or commercial
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property.
(2) The purchasing, constructing, improving, repairing or
maintaining a housing accommodation or commercial property.
(3) The selling, brokering or appraising of real property.
(z) The term "advertisement" or "advertising" means any
advertisement and any similar written, printed, taped or
broadcast communication, notice, statement or the like which is
disseminated (whether published, printed, circulated, issued,
displayed, posted or mailed) for the purpose of promoting
housing activity, including, but not limited to, rentals, leases
and sales.
(aa) The term "advertiser" means any person who places,
publishes, broadcasts or similarly causes to be disseminated by
any other means an advertisement or advertising as defined in
clause (z).
(bb) The term "genetic information" means information about
genes, gene products, or inherited characteristics that may
derive from an individual or with respect to that individual,
another individual related by blood to that individual, or a
spouse or adopted child of the individual.
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 genetic information,
race, color, religious creed, ancestry, age, sex, national
origin or non-job related handicap or disability or the use of a
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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.
(b) For any employer, employment agency or labor
organization, prior to the employment, contracting with an
independent contractor or admission to membership, to:
(1) Elicit any information or make or keep a record of or
use any form of application or application blank containing
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questions or entries concerning the genetic information, race,
color, religious creed, ancestry, age, sex, national origin,
past handicap or disability or the use of a guide or support
animal because of the blindness, deafness or physical handicap
of any applicant for employment or membership. Prior to an offer
of employment, an employer may not inquire as to whether an
individual has a handicap or disability or as to the severity of
such handicap or disability. An employer may inquire as to the
individual's ability to perform the essential functions of the
employment.
(2) Print or publish or cause to be printed or published any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification or
discrimination based upon genetic information, race, color,
religious creed, ancestry, age, sex, national origin, non-job
related handicap or disability or the use of a guide or support
animal because of the blindness, deafness or physical handicap
of the user.
(3) Deny or limit, through a quota system, employment or
membership because of genetic information, race, color,
religious creed, ancestry, age, sex, national origin, non-job
related handicap or disability, the use of a guide or support
animal because of the blindness, deafness or physical handicap
of the user or place of birth.
(4) Substantially confine or limit recruitment or hiring of
individuals, with intent to circumvent the spirit and purpose of
this act, to any employment agency, employment service, labor
organization, training school or training center or any other
employe-referring source which services individuals who are
predominantly of the same genetic information, race, color,
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religious creed, ancestry, age, sex, national origin or non-job
related handicap or disability.
(5) Deny employment because of a prior handicap or
disability.
Nothing in clause (b) of this section shall bar any
institution or organization for handicapped or disabled persons
from limiting or giving preference in employment or membership
to handicapped or disabled persons.
(c) For any labor organization because of the genetic
information, race, color, religious creed, ancestry, age, sex,
national origin, non-job related handicap or disability or the
use of a guide or support animal because of the blindness,
deafness or physical handicap of any individual to deny full and
equal membership rights to any individual or otherwise to
discriminate against such individuals with respect to hire,
tenure, terms, conditions or privileges of employment or any
other matter, directly or indirectly, related to employment.
(d) For any person, employer, employment agency or labor
organization to discriminate in any manner against any
individual because such individual has opposed any practice
forbidden by this act, or because such individual has made a
charge, testified or assisted, in any manner, in any
investigation, proceeding or hearing under this act.
(e) For any person, employer, employment agency, labor
organization or employe, to aid, abet, incite, compel or coerce
the doing of any act declared by this section to be an unlawful
discriminatory practice, or to obstruct or prevent any person
from complying with the provisions of this act or any order
issued thereunder, or to attempt, directly or indirectly, to
commit any act declared by this section to be an unlawful
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discriminatory practice.
(f) For any employment agency to fail or refuse to classify
properly, refer for employment or otherwise to discriminate
against any individual because of his genetic information, race,
color, religious creed, ancestry, age, sex, national origin,
non-job related handicap or disability or the use of a guide or
support animal because of the blindness, deafness or physical
handicap of the user.
(g) For any individual seeking employment to publish or
cause to be published any advertisement which in any manner
expresses a limitation or preference as to the genetic
information, race, color, religious creed, ancestry, age, sex,
national origin, non-job related handicap or disability or the
use of a guide or support animal because of the blindness,
deafness or physical handicap of any prospective employer.
(h) For any person to:
(1) Refuse to sell, lease, finance or otherwise to deny or
withhold any housing accommodation or commercial property from
any person because of the genetic information, race, color,
familial status, age, religious creed, ancestry, sex, national
origin or handicap or disability of any person, prospective
owner, occupant or user of such housing accommodation or
commercial property, or to refuse to lease any housing
accommodation or commercial property to any person due to use of
a guide animal because of the blindness or deafness of the user,
use of a support animal because of a physical handicap of the
user or because the user is a handler or trainer of support or
guide animals or because of the handicap or disability of an
individual with whom the person is known to have a relationship
or association.
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(1.1) Evict or attempt to evict an occupant of any housing
accommodation before the end of the term of a lease because of
pregnancy or the birth of a child.
(2) Refuse to lend money, whether or not secured by mortgage
or otherwise for the acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or commercial
property or otherwise withhold financing of any housing
accommodation or commercial property from any person because of
the genetic information, race, color, familial status, age,
religious creed, ancestry, sex, national origin, handicap or
disability of any person, the use of a guide or support animal
because of the blindness, deafness or physical handicap of the
user or because the user is a handler or trainer of support or
guide animals or because of the handicap or disability of an
individual with whom the person is known to have a relationship
or association.
(3) Discriminate against any person in the terms or
conditions of selling or leasing any housing accommodation or
commercial property or in furnishing facilities, services or
privileges in connection with the ownership, occupancy or use of
any housing accommodation or commercial property because of the
genetic information, race, color, familial status, age,
religious creed, ancestry, sex, national origin, handicap or
disability of any person, the use of a guide or support animal
because of the blindness, deafness or physical handicap of the
user or because the user is a handler or trainer of support or
guide animals or because of the handicap or disability of an
individual with whom the person is known to have a relationship
or association.
(3.1) Refuse to permit, at the expense of a person with a
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handicap, reasonable modifications of existing premises occupied
or to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises,
except that, in the case of a rental, the landlord may, where it
is reasonable to do so, grant permission for a modification if
the renter agrees to restore the interior of the premises to the
condition that existed before the modification, with reasonable
wear and tear excepted.
(3.2) Refuse to make reasonable accommodations in rules,
policies, practices or services when such accommodations may be
necessary to afford such person equal opportunity to use and
enjoy a housing accommodation.
(4) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by
mortgage or otherwise for the acquisition, construction,
rehabilitation, repair or maintenance of housing accommodation
or commercial property because of the genetic information, race,
color, familial status, age, religious creed, ancestry, sex,
national origin or handicap or disability of any person, the use
of a guide or support animal because of the blindness, deafness
or physical handicap of the user or because the user is a
handler or trainer of guide or support animals or because of the
handicap or disability of an individual with whom the person is
known to have a relationship or association.
(5) Print, publish or circulate any statement or
advertisement: (i) relating to the sale, lease or acquisition of
any housing accommodation or commercial property or the loan of
money, whether or not secured by mortgage, or otherwise for the
acquisition, construction, rehabilitation, repair or maintenance
of any housing accommodation or commercial property which
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indicates any preference, limitation, specification, or
discrimination based upon genetic information, race, color,
familial status, age, religious creed, ancestry, sex, national
origin, handicap or disability or because of the handicap or
disability of an individual with whom the person is known to
have a relationship or association, or (ii) relating to the
sale, lease or acquisition of any housing accommodation or
commercial property which indicates any preference, limitation,
specification or discrimination based upon use of a guide or
support animal because of the blindness, deafness or physical
handicap of the user or because the user is a handler or trainer
of support or guide animals.
(6) Make any inquiry, elicit any information, make or keep
any record or use any form of application, containing questions
or entries concerning genetic information, race, color, familial
status, age, religious creed, ancestry, sex, national origin,
handicap or disability or because of the handicap or disability
of an individual with whom the person is known to have a
relationship or association in connection with the sale or lease
of any housing accommodation or commercial property or loan of
any money, whether or not secured by mortgage or otherwise for
the acquisition, construction, rehabilitation, repair or
maintenance of any housing accommodation or commercial property,
or to make any inquiry, elicit any information, make or keep any
record or use any form of application, containing questions or
entries concerning the use of a guide or support animal because
of the blindness, deafness or physical handicap of the user or
because the user is a handler or trainer of support or guide
animals, in connection with the lease of any housing
accommodation or commercial property.
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(7) Construct, operate, offer for sale, lease or rent or
otherwise make available housing or commercial property which is
not accessible.
(8) Discriminate in real estate-related transactions, as
described by and subject to the following:
(i) It shall be unlawful for any person or other entity
whose business includes engaging in real estate-related
transactions to discriminate against any person in making
available such a transaction or in the terms or conditions of
such a transaction because of genetic information, race, color,
religious creed, ancestry, national origin, sex, age, handicap
or disability, use of a guide or support animal because of a
physical handicap or because the user is a handler or trainer of
guide or support animals or familial status.
(ii) Nothing in this act prohibits a person engaged in the
business of furnishing appraisals of real property to take into
consideration factors other than genetic information, race,
color, religious creed, ancestry, national origin, sex, age,
handicap or disability, use of a guide or support animal because
of a physical handicap or because the user is a handler or
trainer of guide or support animals or familial status.
(9) Nothing in this clause, regarding age or familial
status, shall apply with respect to housing for older persons. A
person shall not be held personally liable for monetary damages
for a violation of this act if the person reasonably relied, in
good faith, on the application of the exemption of this
subclause. A person may only prove good faith reliance on the
application of the exemption of this subclause by proving that
at the time of the act complained of all of the following
applied:
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(i) The person had no actual knowledge that the housing was
not eligible for exemption under this subclause.
(ii) The owner or manager of the housing had stated
formally, in writing, that the housing complied with the
requirements for exemption under this subclause.
(10) Nothing in this clause shall bar any religious or
denominational institution or organization or any charitable or
educational organization which is operated, supervised or
controlled by or in connection with a religious organization or
any bona fide private or fraternal organization from giving
preference to persons of the same religion or denomination or to
members of such private or fraternal organization or from making
such selection as is calculated by such organization to promote
the religious principles or the aims, purposes or fraternal
principles for which it is established or maintained. Nor shall
it apply to the rental of rooms in a landlord-occupied rooming
house with a common entrance, nor with respect to discrimination
based on sex, the advertising, rental or leasing of housing
accommodations in a single-sex dormitory or rooms in one's
personal residence in which common living areas are shared.
(11) Nothing in this act limits the applicability of the
Fair Housing Act and reasonable State or local restrictions on
the maximum number of occupants permitted to occupy a dwelling
or a reasonable restriction relating to health or safety
standards or business necessity. Owners and managers of
dwellings may develop and implement reasonable occupancy and
safety standards based on factors such as the number and size of
sleeping areas or bedrooms and the overall size of a dwelling
unit so long as the standards do not violate the Fair Housing
Act or State or local restrictions.
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(i) For any person being the owner, lessee, proprietor,
manager, superintendent, agent or employe of any public
accommodation, resort or amusement to:
(1) Refuse, withhold from, or deny to any person because of
his genetic information, race, color, sex, religious creed,
ancestry, national origin or handicap or disability, or to any
person due to use of a guide or support animal because of the
blindness, deafness or physical handicap of the user or because
the user is a handler or trainer of support or guide animals,
either directly or indirectly, any of the accommodations,
advantages, facilities or privileges of such public
accommodation, resort or amusement.
(2) Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication,
notice or advertisement to the effect that any of the
accommodations, advantages, facilities and privileges of any
such place shall be refused, withheld from or denied to any
person on account of genetic information, race, color, religious
creed, sex, ancestry, national origin or handicap or disability,
or to any person due to use of a guide or support animal because
of the blindness, deafness or physical handicap of the user, or
because the user is a handler or trainer of support or guide
animals, or that the patronage or custom thereat of any person,
belonging to or purporting to be of any particular genetic
information, race, color, religious creed, sex, ancestry,
national origin or handicap or disability, or to any person due
to use of a guide or support animal because of the blindness,
deafness or physical handicap of the user or because the user is
a handler or trainer of support or guide animals, is unwelcome,
objectionable or not acceptable, desired or solicited.
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(3) Exclude or otherwise deny equal goods, services,
facilities, privileges, advantages, accommodations or other
opportunities to a person because of the handicap or disability
of an individual with whom the person is known to have a
relationship or association.
(4) Construct, operate or otherwise make available such
place of public accommodation, resort or amusement which is not
accessible.
(j) For any person subject to the act to fail to post and
exhibit prominently in his place of business any fair practices
notice prepared and distributed by the Pennsylvania Human
Relations Commission.
(k) For any employer to discriminate against an employe or a
prospective employe because the employe only has a diploma based
on passing a general educational development test as compared to
a high school diploma. However, should vocational technical
training or other special training be required with regard to a
specific position, then such training or special training may be
considered by the employer.
(l) To exclude or otherwise deny equal jobs or benefits to a
person because of the handicap or disability of an individual
with whom the person is known to have a relationship or
association.
This section of the act shall not be construed to prohibit
the refusal to hire or the dismissal of a person who is not able
to function properly in the job applied for or engaged in.
Section 3. Sections 5.3 and 7 of the act, amended December
20, 1991 (P.L.414, No.51), are amended to read:
Section 5.3. Prohibition of Certain Real Estate Practices.--
It shall be an unlawful discriminatory practice for any person
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to:
(a) Induce, solicit or attempt to induce or solicit for
commercial profit any listing, sale or transaction involving any
housing accommodation or commercial property by representing
that such housing accommodation or commercial property is within
any neighborhood, community or area adjacent to any other area
in which there reside, or do not reside, persons of a particular
genetic information, race, color, familial status, age,
religious creed, ancestry, sex, national origin, handicap or
disability, or who are guide or support animal dependent.
(b) Discourage, or attempt to discourage, for commercial
profit, the purchase or lease of any housing accommodation or
commercial property by representing that such housing
accommodation or commercial property is within any neighborhood,
community or area adjacent to any other area in which there
reside, or may in the future reside in increased or decreased
numbers, persons of a particular genetic information, race,
color, familial status, age, religious creed, ancestry, sex,
national origin, handicap or disability, or who are guide or
support animal dependent.
(c) Misrepresent, create or distort a circumstance,
condition or incident for the purpose of fostering the
impression or belief, on the part of any owner, occupant or
prospective owner or occupant of any housing accommodation or
commercial property, that such housing accommodation or
commercial property is within any neighborhood, community or
area adjacent to any other area which would be adversely
impacted by the residence, or future increased or decreased
residence, of persons of a particular genetic information, race,
color, familial status, age, religious creed, ancestry, sex,
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national origin, handicap or disability, or who are guide or
support animal dependent within such neighborhood, community or
area.
(d) In any way misrepresent or otherwise misadvertise within
a neighborhood or community, whether or not in writing, that any
housing accommodation or commercial property within such
neighborhood or community is available for inspection, sale,
lease, sublease or other transfer, in any context where such
misrepresentation or misadvertising would have the effect of
fostering an impression or belief that there has been or will be
an increase in real estate activity within such neighborhood or
community due to the residence, or anticipated increased or
decreased residence, of persons of a particular genetic
information, race, color, familial status, age, religious creed,
ancestry, sex, national origin, handicap or disability, or the
use of a guide or support animal because of the blindness,
deafness or physical handicap of the user.
Section 7. Powers and Duties of the Commission.--The
Commission shall have the following powers and duties:
(a) To establish and maintain a central office in the City
of Harrisburg.
(b) To meet and function at any place within the
Commonwealth.
(c) To appoint such attorneys and permanent hearing
examiners and other employes and agents as it may deem
necessary, fix their compensation within the limitations
provided by law, and prescribe their duties. Permanent hearing
examiners shall perform no duties inconsistent with their duties
and responsibilities as permanent hearing examiners.
(c.1) To conduct mandatory training seminars on the
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Pennsylvania Human Relations Act and other applicable Federal
and State law, procedures and rules for all investigative
personnel.
(c.2) To afford complainants and respondents the opportunity
for comments after the final disposition of a complaint. These
comments shall be provided to the Commission members.
(c.3) To appoint attorneys to perform the following
functions: (1) render legal advice to Commission members on
matters appearing before it; or (2) give legal assistance to
complainants appearing before the Commission or hearing
examiners. These responsibilities shall require a separate staff
of attorneys to perform each function.
(d) To adopt, promulgate, amend and rescind rules and
regulations to effectuate the policies and provisions of this
act.
(e) To formulate policies to effectuate the purposes of this
act and make recommendations to agencies and officers of the
Commonwealth or political subdivisions of government or board,
department, commission or school district thereof to effectuate
such policies.
(f) To initiate, receive, investigate and pass upon
complaints charging unlawful discriminatory practices.
(f.1) To investigate where no complaint has been filed but
with the consent of at least eight of the members of the
Commission any problem of racial discrimination with the intent
of avoiding and preventing the development of racial tension.
(f.2) On request of the Governor, to investigate claims of
excessive use of force by police in civil rights protest
activities.
(g) (1) To hold hearings, subpoena witnesses, compel their
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attendance, administer oaths, take testimony of any person under
oath or affirmation and, in connection therewith, to require the
production for examination of any books and papers relating to
any matter under investigation where a complaint has been
properly filed before the Commission. The Commission may make
rules as to the issuance of subpoenas by individual
Commissioners. In case of contumacy or refusal to obey a
subpoena issued to any person any court of jurisdiction, upon
application by the Commission, may issue to such person an order
requiring such person to appear before the Commission, there to
produce documentary evidence, if so ordered, or there to give
evidence touching the matter in question, and any failure to
obey such order of the court may be punished by said court as a
contempt thereof.
(2) No person shall be excused from attending and
testifying, or from producing records, correspondence, documents
or other evidence in obedience to the subpoena of the Commission
or of any individual Commissioner, on the ground that the
testimony or evidence required of him may tend to incriminate
him or subject him to a penalty or forfeiture, but no person
shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter or thing concerning
which he is compelled, after having claimed his privilege
against self-incrimination, to testify or produce evidence,
except that such person so testifying shall not be exempt from
prosecution and punishment for perjury committed in so
testifying. The immunity herein provided shall extend only to
natural persons so compelled to testify.
(h) To inspect upon request such records of the Commonwealth
or any political subdivision, board, department, commission or
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school district thereof as it may deem necessary or advisable to
carry into effect the provisions of this act.
(i) To create such advisory agencies and conciliation
councils, local or state-wide, as will aid in effectuating the
purposes of this act. The Commission may itself or it may
empower these agencies and councils to (1) study the problems of
discrimination in all or specific fields of human relationships
when based on genetic information, race, color, familial status,
religious creed, ancestry, age, sex, national origin or handicap
or disability, and (2) foster, through community effort or
otherwise, good will among the groups and elements of the
population of the State. Such agencies and councils may make
recommendations to the Commission for the development of
policies and procedure in general. Advisory agencies and
conciliation councils created by the Commission shall be
composed of representative citizens, serving without pay, but
the Commission may make provision for technical and clerical
assistance to such agencies and councils, and for the payment of
the expenses of such assistance.
(j) To issue such publications and such results of
investigations and research as, in its judgment, will tend to
promote good will and minimize or eliminate discrimination
because of genetic information, race, color, familial status,
religious creed, ancestry, age, sex, national origin or handicap
or disability.
(k) To submit an annual report for each fiscal year by the
following March 31 to the General Assembly, the Labor and
Industry Committee of the Senate and the State Government
Committee of the House of Representatives and the Governor
describing in detail the types of complaints received, the
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investigations, status of cases, Commission action which has
been taken, how many were found to have probable cause, how many
were resolved by public hearing and the length of time from the
initial complaint to final Commission resolution. It shall also
contain recommendations for such further legislation concerning
abuses and discrimination because of genetic information, race,
color, familial status, religious creed, ancestry, national
origin, age, sex, handicap or disability or the use of a guide
or support animal because of the blindness, deafness or physical
handicap of the user or because the user is a handler or trainer
of support or guide animals, as may be desirable.
(l) To prepare and distribute fair practices notices.
(n) To notify local human relations commissions of
complaints received by the Pennsylvania Human Relations
Commission involving persons within a commission's jurisdiction.
The Pennsylvania Human Relations Commission may enter into work-
sharing agreements with those local commissions having
comparable jurisdiction and enforcement authority.
(o) To prepare and publish all findings of fact, conclusions
of the law, final decisions and orders made after a public
hearing by the hearing examiners, Commission panel or full
Commission.
(p) To give public access to the commission's compliance
manual.
(q) To preserve opinions rendered by the Commission for five
years from the date of publication.
Section 4. Section 8 of the act, amended July 12, 1996
(P.L.684, No.117), is amended to read:
Section 8. Educational Program.--The Commission, in
cooperation with the Department of Education, is authorized to
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recommend a multicultural educational program, designed for the
students of the schools in this Commonwealth and for all other
residents thereof, with emphasis on foreign cultural and
language studies, as well as on the basic shared precepts and
principles of United States culture, in order to promote
cultural understanding and appreciation and to further good will
among all persons, without regard to genetic information, race,
color, familial status, religious creed, ancestry, age, sex,
national origin, handicap or disability.
Section 5. Section 12 of the act, amended December 20, 1991
(P.L.414, No.51), is amended to read:
Section 12. Construction and Exclusiveness of Remedy.--
(a) The provisions of this act shall be construed liberally
for the accomplishment of the purposes thereof, and any law
inconsistent with any provisions hereof shall not apply.
(b) Except as provided in subsection (c), nothing contained
in this act shall be deemed to repeal or supersede any of the
provisions of any existing or hereafter adopted municipal
ordinance, municipal charter or of any law of this Commonwealth
relating to discrimination because of genetic information, race,
color, familial status, religious creed, ancestry, age, sex,
national origin or handicap or disability, but as to acts
declared unlawful by section five of this act the procedure
herein provided shall, when invoked, be exclusive and the final
determination therein shall exclude any other action, civil or
criminal, based on the same grievance of the complainant
concerned. If the complainant institutes any action based on
such grievance without resorting to the procedure provided in
this act, such complainant may not subsequently resort to the
procedure herein. In the event of a conflict between the
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interpretation of a provision of this act and the interpretation
of a similar provision contained in any municipal ordinance, the
interpretation of the provision in this act shall apply to such
municipal ordinance.
(c) (1) In cases involving a claim of discrimination, if a
complainant invokes the procedures set forth in this act, that
individual's right of action in the courts of the Commonwealth
shall not be foreclosed. If within one (1) year after the filing
of a complaint with the Commission, the Commission dismisses the
complaint or has not entered into a conciliation agreement to
which the complainant is a party, the Commission must so notify
the complainant. On receipt of such a notice the complainant
shall be able to bring an action in the courts of common pleas
of the Commonwealth based on the right to freedom from
discrimination granted by this act.
(2) An action under this subsection shall be filed within
two years after the date of notice from the Commission closing
the complaint. Any complaint so filed shall be served on the
Commission at the time the complaint is filed in court. The
Commission shall notify the complainant of this requirement.
(3) If the court finds that the respondent has engaged in or
is engaging in an unlawful discriminatory practice charged in
the complaint, the court shall enjoin the respondent from
engaging in such unlawful discriminatory practice and order
affirmative action which may include, but is not limited to,
reinstatement or hiring of employes, granting of back pay, or
any other legal or equitable relief as the court deems
appropriate. Back pay liability shall not accrue from a date
more than three years prior to the filing of a complaint
charging violations of this act.
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(4) The court shall serve upon the Commission any final
order issued in any action brought under this subsection.
(c.1) Notwithstanding subsections (a) and (c) or any other
provision of this act, nothing in this act shall be deemed to
authorize imposition by the Commission of remedial quota relief
in cases involving hiring or promoting of employes of the
Commonwealth, its agencies or instrumentalities or employes of
local governments and school districts in this Commonwealth.
This subsection shall not, however, prohibit the voluntary
adoption of an affirmative action plan designed to assure that
all persons are accorded equality of opportunity in employment.
(c.2) If, after a trial held pursuant to subsection (c), the
court of common pleas finds that a defendant engaged in or is
engaging in any unlawful discriminatory practice as defined in
this act, the court may award attorney fees and costs to the
prevailing plaintiff.
(c.3) If, after a trial held pursuant to subsection (c), the
court of common pleas finds that a defendant has not engaged in
or is not engaging in any unlawful discriminatory practice as
defined in this act, the court may award attorney fees and costs
to the prevailing defendant if the defendant proves that the
complaint was brought in bad faith.
(d) Nothing in this act shall be construed to require any
employer to hire any person with a job-related handicap or
disability.
(e) The time limits for filing under any complaint or other
pleading under this act shall be subject to waiver, estoppel and
equitable tolling.
(f) Nothing in this act shall be constructed as superseding
any provision of the act of October 15, 1980 (P.L.950, No.164),
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known as the "Commonwealth Attorneys Act." All court actions
commenced by or against the Commission shall be subject to the
provisions of that act.
Section 6. This act shall take effect in 60 days.
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