PRINTER'S NO. 1305
No. 1043 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, BOSCOLA AND SCHWARTZ, SEPTEMBER 5, 2001
REFERRED TO JUDICIARY, SEPTEMBER 5, 2001
AN ACT 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 procedure and for 12 construction and exclusiveness of remedy. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 9(d.1) of the act of October 27, 1955 16 (P.L.744, No.222), known as the Pennsylvania Human Relations 17 Act, amended June 25, 1997 (P.L.326, No.34), is amended to read: 18 Section 9. Procedure.--* * * 19 (d.1) When notice of hearing is given as set forth in 20 subsection (d) and an election procedure is required by the Fair 21 Housing Act, either party may elect to have the claim asserted 22 in the complaint decided in a civil action brought under the
1 original jurisdiction of Commonwealth Court. The written notice 2 of the Commission shall be sent to all parties and will inform 3 them of their right to take civil action. An election must be 4 made within twenty days after receipt of the notice of hearing. 5 A party making this election shall notify the Commission and all 6 other parties. If an election for civil action is made by either 7 party, the Commission shall, within thirty days from the date of 8 election, commence and maintain a civil action on behalf of the 9 complainant provided, however, that, whenever the Attorney 10 General signs and files the complaint pursuant to subsection 11 (a), the Attorney General shall, within thirty days from the 12 date of election, commence and maintain a civil action on behalf 13 of the complainant. In those cases commenced by the Attorney 14 General, the Commission shall have the right to intervene. In 15 any action brought under this subsection: 16 (1) All filing fees shall be waived for the Commission and 17 all parties, including the action brought under Commonwealth 18 Court's original jurisdiction and any appeal arising out of such 19 action. 20 (1.1) Any party shall have a right to trial by jury in the 21 action. 22 (2) If, after a trial, Commonwealth Court finds that a 23 respondent engaged in or is engaging in any unlawful 24 discriminatory practice as defined in this act, the court may 25 award attorney fees and costs to the complainant on whose behalf 26 the action was commenced. 27 (3) If, after a trial, Commonwealth Court finds that a 28 respondent has not engaged in or is not engaging in any unlawful 29 discriminatory practice as defined in this act, the court may 30 award attorney fees and costs to the prevailing respondent if 20010S1043B1305 - 2 -
1 the respondent proves that the complaint upon which the civil 2 action was based was brought in bad faith. 3 (4) If, after a trial, the Commonwealth Court finds that a 4 respondent has not engaged in any unlawful discriminatory 5 practice as defined in this act, the court may award attorney 6 fees and costs to the prevailing respondent if the court 7 determines that the complaint is frivolous and that the 8 Commission dealt with the party complained against in a wilful, 9 wanton and oppressive manner, in which case the Commission shall 10 be ordered to pay such costs and attorney fees. 11 * * * 12 Section 2. Section 12(c) of the act, amended December 20, 13 1991 (P.L.414, No.51), is amended to read: 14 Section 12. Construction and Exclusiveness of Remedy.-- 15 * * * 16 (c) (1) In cases involving a claim of discrimination, if a 17 complainant invokes the procedures set forth in this act, that 18 individual's right of action in the courts of the Commonwealth 19 shall not be foreclosed. If within one (1) year after the filing 20 of a complaint with the Commission, the Commission dismisses the 21 complaint or has not entered into a conciliation agreement to 22 which the complainant is a party, the Commission must so notify 23 the complainant. On receipt of such a notice the complainant 24 shall be able to bring an action in the courts of common pleas 25 of the Commonwealth based on the right to freedom from 26 discrimination granted by this act. 27 (2) An action under this subsection shall be filed within 28 two years after the date of notice from the Commission closing 29 the complaint. Any complaint so filed shall be served on the 30 Commission at the time the complaint is filed in court. The 20010S1043B1305 - 3 -
1 Commission shall notify the complainant of this requirement. 2 (2.1) Any party shall have a right to trial by jury in any 3 action brought under this subsection. 4 (3) If the court finds that the respondent has engaged in or 5 is engaging in an unlawful discriminatory practice charged in 6 the complaint, the court shall enjoin the respondent from 7 engaging in such unlawful discriminatory practice and order 8 affirmative action which may include, but is not limited to, 9 reinstatement or hiring of employes, granting of back pay, or 10 any other legal or equitable relief as the court deems 11 appropriate. Back pay liability shall not accrue from a date 12 more than three years prior to the filing of a complaint 13 charging violations of this act. 14 (4) The court shall serve upon the Commission any final 15 order issued in any action brought under this subsection. 16 * * * 17 Section 3. This act shall take effect in 60 days. G11L43DMS/20010S1043B1305 - 4 -