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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WILLIAMS, KITCHEN, HUGHES, STOUT, LOGAN, MUSTO, LEACH, M. WHITE, TARTAGLIONE AND FERLO, FEBRUARY 20, 2009 |
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| REFERRED TO LABOR AND INDUSTRY, FEBRUARY 20, 2009 |
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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. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 5 of the act of October 27, 1955 (P.L. |
16 | 744, No.222), known as the Pennsylvania Human Relations Act, is |
17 | amended by adding a subsection to read: |
18 | Section 5. Unlawful Discriminatory Practices.--It shall be |
19 | an unlawful discriminatory practice, unless based upon a bona |
20 | fide occupational qualification, or in the case of a fraternal |
21 | corporation or association, unless based upon membership in such |
22 | association or corporation, or except where based upon |
23 | applicable security regulations established by the United States |
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1 | or the Commonwealth of Pennsylvania: |
2 | * * * |
3 | (m) For any employer or potential employer to procure a |
4 | consumer report for employment purposes where any information |
5 | contained in the report bears on the consumer's credit |
6 | worthiness, credit standing or credit capacity, unless the |
7 | information is either: |
8 | (1) substantially job-related and the employer's or |
9 | potential employer's reasons for the use of the information are |
10 | disclosed to the consumer in writing, in which case, the burden |
11 | of proof shall be on the employer or potential employer to |
12 | demonstrate that the employe's or potential employe's credit |
13 | worthiness, credit standing or credit capacity is substantially |
14 | job-related; or |
15 | (2) required by law. |
16 | * * * |
17 | Section 2. This act shall take effect in 60 days. |
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