PRINTER'S NO. 2100
No. 1505 Session of 2000
INTRODUCED BY GREENLEAF, LEMMOND, BOSCOLA, COSTA AND
TARTAGLIONE, AUGUST 23, 2000
REFERRED TO JUDICIARY, AUGUST 23, 2000
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
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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
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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.
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