PRINTER'S NO. 1275
No. 1083 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," further providing for
12 the time of bringing complaints.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 12(c) of the act of October 27, 1955
16 (P.L.744, No.222), known as the Pennsylvania Human Relations
17 Act, added December 19, 1974 (P.L.966, No.318), is amended to
18 read:
19 Section 12. Construction and Exclusiveness of Remedy.--
20 * * *
21 (c) In cases involving a claim of discrimination, if a
22 complainant invokes the procedures set forth in this act, that
23 individual's right of action in the courts of the Commonwealth
1 shall not be foreclosed. If within [one (1) year] one hundred
2 eighty days after the filing of a complaint with the Commission,
3 the Commission dismisses the complaint or has not entered into a
4 conciliation agreement to which the complainant is a party, the
5 Commission must so notify the complainant. On receipt of such a
6 notice the complainant shall be able to bring an action in the
7 courts of common pleas of the Commonwealth based on the right to
8 freedom from discrimination granted by this act. If the court
9 finds that the respondent has engaged in or is engaging in an
10 unlawful discriminatory practice charged in the complaint, the
11 court shall enjoin the respondent from engaging in such unlawful
12 discriminatory practice and order affirmative action which may
13 include, but is not limited to, reinstatement or hiring of
14 employes, granting of back pay, or any other legal or equitable
15 relief as the court deems appropriate. Back pay liability shall
16 not accrue from a date more than three years prior to the filing
17 of a complaint charging violations of this act.
18 * * *
19 Section 2. This act shall apply to complaints filed on and
20 after the effective date of this act.
21 Section 3. This act shall take effect in 60 days.
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