PRINTER'S NO. 1273
No. 1081 Session of 1989
INTRODUCED BY ANDREZESKI, PORTERFIELD AND BELAN, JUNE 19, 1989
REFERRED TO LABOR AND INDUSTRY, JUNE 19, 1989
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 Department of Labor and Industry; defining its functions,
8 powers and duties; providing for procedure and enforcement;
9 providing for formulation of an educational program to
10 prevent prejudice; providing for judicial review and
11 enforcement and imposing penalties," providing for
12 compensatory damages.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 4 of the act of October 27, 1955
16 (P.L.744, No.222), known as the Pennsylvania Human Relations
17 Act, is amended by adding a clause to read:
18 Section 4. Definitions.--As used in this act unless a
19 different meaning clearly appears from the context:
20 * * *
21 (t) The term "compensatory damages" means such actual
22 pecuniary damages as are reasonably incurred by a bona fide
23 complainant as a result of any act declared by this act to be an
1 unlawful discriminatory practice, and in accordance with such
2 standards as the Commission shall, from time to time, adopt and
3 publish. Damages shall include, but not be limited to, back pay,
4 front pay, loss of work, personal time loss for matters
5 involving the complaint, depreciation of major goods or
6 equipment, and out-of-pocket expenses or indebtedness for
7 employment agency fees, real estate agency fees, cost of
8 obtaining suitable alternate housing or commercial
9 accommodations, storage of goods and effects, moving costs,
10 travel expenses, required purchases of material and services
11 (excluding motor vehicles), physical damages to goods or
12 effects, medical or psychological expenses, and reasonable
13 attorney and other legal fees and costs, and compound interest
14 thereon at the maximum rates allowed by the Department of
15 Banking for savings and loan associations.
16 Section 2. Section 9(f) of the act, amended December 16,
17 1986 (P.L.1626, No.186), is amended to read:
18 Section 9. Procedure.--* * *
19 (f) If, upon all the evidence at the hearing, the Commission
20 shall find that a respondent has engaged in or is engaging in
21 any unlawful discriminatory practice as defined in this act, the
22 Commission shall state its findings of fact, and shall issue and
23 cause to be served on such respondent an order requiring such
24 respondent to cease and desist from such unlawful discriminatory
25 practice and to take such affirmative action, including, but not
26 limited to, reimbursement of certifiable travel expenses in
27 matters involving the complaint, not to exceed fifty dollars
28 ($50), compensation for loss of work in matters involving the
29 complaint, not to exceed two hundred dollars ($200), an award of
30 compensatory damages, hiring, reinstatement or upgrading of
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1 employes, with or without back pay, admission or restoration to
2 membership in any respondent labor organization, the making of
3 reasonable accommodations, or selling or leasing specified
4 housing accommodations or commercial property upon such equal
5 terms and conditions and with such equal facilities, services
6 and privileges or lending money, whether or not secured by
7 mortgage or otherwise for the acquisition, construction,
8 rehabilitation, repair or maintenance of housing accommodations
9 or commercial property, upon such equal terms and conditions to
10 any person discriminated against or all persons as, in the
11 judgment of the Commission, will effectuate the purposes of this
12 act, and including a requirement for report of the manner of
13 compliance. When the respondent is a licensee of the
14 Commonwealth, the Commission shall inform the appropriate State
15 licensing authority of the order with the request that the
16 licensing authority take such action as it deems appropriate
17 against such licensee. An appeal from the Commission's order
18 shall act as a supersedeas and stay such action by the State
19 licensing authority until a final decision on said appeal. If,
20 upon all the evidence, the Commission shall find that a
21 respondent has not engaged in any such unlawful discriminatory
22 practice, the Commission shall state its findings of fact, and
23 shall issue and cause to be served on the complainant an order
24 dismissing the said complaint as to such respondent.
25 * * *
26 Section 3. This act shall take effect in 60 days.
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