THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, RAFFERTY, KITCHEN, BROWNE, FONTANA, PIPPY, COSTA, LEACH, WARD, BREWSTER AND M. WHITE, JANUARY 26, 2011

REFERRED TO LABOR AND INDUSTRY, JANUARY 26, 2011  

AN ACT

Amending the act of October 27, 1955 (P.L.744, No.222),

entitled, as amended, "An act prohibiting certain practices

of discrimination because of race, color, religious creed,

ancestry, age or national origin by employers, employment

agencies, labor organizations and others as herein defined;

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties," further providing for findings and declaration of

policy, for right to freedom from discrimination in

employment, housing and public accommodation; defining

"marital status"; and further providing for unlawful

discriminatory practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2 and 3 of the act of October 27, 1955

(P.L.744, No.222), known as the Pennsylvania Human Relations

Act, amended December 20, 1991 (P.L.414, No.51), are amended to

read:

Section 2.  Findings and Declaration of Policy.--

(a)  The practice or policy of discrimination against

individuals or groups by reason of their race, color, familial

status, marital status, religious creed, ancestry, age, sex,

national origin, handicap or disability, use of guide or support

animals because of the blindness, deafness or physical handicap

of the user or because the user is a handler or trainer of

support or guide animals is a matter of concern of the

Commonwealth. Such discrimination foments domestic strife and

unrest, threatens the rights and privileges of the inhabitants

of the Commonwealth, and undermines the foundations of a free

democratic state. The denial of equal employment, housing and

public accommodation opportunities because of such

discrimination, and the consequent failure to utilize the

productive capacities of individuals to their fullest extent,

deprives large segments of the population of the Commonwealth of

earnings necessary to maintain decent standards of living,

necessitates their resort to public relief and intensifies group

conflicts, thereby resulting in grave injury to the public

health and welfare, compels many individuals to live in

dwellings which are substandard, unhealthful and overcrowded,

resulting in racial segregation in public schools and other

community facilities, juvenile delinquency and other evils,

thereby threatening the peace, health, safety and general

welfare of the Commonwealth and its inhabitants.

(b)  It is hereby declared to be the public policy of this

Commonwealth to foster the employment of all individuals in

accordance with their fullest capacities regardless of their

race, color, religious creed, familial status, marital status, 

ancestry, age, sex, national origin, handicap or disability, use

of guide or support animals because of the blindness, deafness

or physical handicap of the user or because the user is a

handler or trainer of support or guide animals, and to safeguard

their right to obtain and hold employment without such

discrimination, to assure equal opportunities to all individuals

and to safeguard their rights to public accommodation and to

secure housing accommodation and commercial property regardless

of race, color, familial status, marital status, religious

creed, ancestry, age, sex, national origin, handicap or

disability, use of guide or support animals because of blindness

or deafness of the user or because the user is a handler or

trainer of guide or support animals.

(c)  This act shall be deemed an exercise of the police power

of the Commonwealth for the protection of the public welfare,

prosperity, health and peace of the people of the Commonwealth

of Pennsylvania.

Section 3.  Right to Freedom from Discrimination in

Employment, Housing and Public Accommodation.--The opportunity

for an individual to obtain employment for which he is

qualified, and to obtain all the accommodations, advantages,

facilities and privileges of any public accommodation and of any

housing accommodation and commercial property without

discrimination because of race, color, familial status, marital

status, religious creed, ancestry, handicap or disability, age,

sex, national origin, the use of a guide or support animal

because of the blindness, deafness or physical handicap of the

user or because the user is a handler or trainer of support or

guide animals is hereby recognized as and declared to be a civil

right which shall be enforceable as set forth in this act.

Section 2.  Section 4 of the act is amended by adding a

definition to read:

Section 4.  Definitions.--As used in this act unless a

different meaning clearly appears from the context:

* * *

(bb)  The term "marital status" means whether a person is

single, married, divorced, separated or widowed.

Section 3.  Section 5(a), (b), (c), (f) and (g) of the act,

amended December 20, 1991 (P.L.414, No.51), are amended to read:

Section 5.  Unlawful Discriminatory Practices.--It shall be

an unlawful discriminatory practice, unless based upon a bona

fide occupational qualification, or in the case of a fraternal

corporation or association, unless based upon membership in such

association or corporation, or except where based upon

applicable security regulations established by the United States

or the Commonwealth of Pennsylvania:

(a)  For any employer because of the race, color, religious

creed, ancestry, familial status, marital status, age, sex,

national origin or non-job related handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of any individual or independent

contractor, to refuse to hire or employ or contract with, or to

bar or to discharge from employment such individual or

independent contractor, or to otherwise discriminate against

such individual or independent contractor with respect to

compensation, hire, tenure, terms, conditions or privileges of

employment or contract, if the individual or independent

contractor is the best able and most competent to perform the

services required. The provision of this paragraph shall not

apply, to (1) operation of the terms or conditions of any bona

fide retirement or pension plan which have the effect of a

minimum service requirement, (2) operation of the terms or

conditions of any bona fide group or employe insurance plan, (3)

age limitations placed upon entry into bona fide apprenticeship

programs of two years or more approved by the State

Apprenticeship and Training Council of the Department of Labor

and Industry, established by the act of July 14, 1961 (P.L.604,

No.304), known as "The Apprenticeship and Training Act."

Notwithstanding any provision of this clause, it shall not be an

unlawful employment practice for a religious corporation or

association to hire or employ on the basis of sex in those

certain instances where sex is a bona fide occupational

qualification because of the religious beliefs, practices, or

observances of the corporation, or association.

(b)  For any employer, employment agency or labor

organization, prior to the employment, contracting with an

independent contractor or admission to membership, to:

(1)  Elicit any information or make or keep a record of or

use any form of application or application blank containing

questions or entries concerning the race, color, religious

creed, ancestry, familial status, marital status, age, sex,

national origin, past handicap or disability or the use of a

guide or support animal because of the blindness, deafness or

physical handicap of any applicant for employment or membership.

Prior to an offer of employment, an employer may not inquire as

to whether an individual has a handicap or disability or as to

the severity of such handicap or disability. An employer may

inquire as to the individual's ability to perform the essential

functions of the employment.

(2)  Print or publish or cause to be printed or published any

notice or advertisement relating to employment or membership

indicating any preference, limitation, specification or

discrimination based upon race, color, religious creed,

ancestry, age, familial status, marital status, sex, national

origin, non-job related handicap or disability or the use of a

guide or support animal because of the blindness, deafness or

physical handicap of the user.

(3)  Deny or limit, through a quota system, employment or

membership because of race, color, religious creed, ancestry,

age, familial status, marital status, sex, national origin, non-

job related handicap or disability, the use of a guide or

support animal because of the blindness, deafness or physical

handicap of the user or place of birth.

(4)  Substantially confine or limit recruitment or hiring of

individuals, with intent to circumvent the spirit and purpose of

this act, to any employment agency, employment service, labor

organization, training school or training center or any other

employe-referring source which services individuals who are

predominantly of the same race, color, religious creed,

ancestry, age, familial status, marital status, sex, national

origin or non-job related handicap or disability.

(5)  Deny employment because of a prior handicap or

disability.

Nothing in clause (b) of this section shall bar any

institution or organization for handicapped or disabled persons

from limiting or giving preference in employment or membership

to handicapped or disabled persons.

(c)  For any labor organization because of the race, color,

religious creed, ancestry, age, familial status, marital status, 

sex, national origin, non-job related handicap or disability or

the use of a guide or support animal because of the blindness,

deafness or physical handicap of any individual to deny full and

equal membership rights to any individual or otherwise to

discriminate against such individuals with respect to hire,

tenure, terms, conditions or privileges of employment or any

other matter, directly or indirectly, related to employment.

* * *

(f)  For any employment agency to fail or refuse to classify

properly, refer for employment or otherwise to discriminate

against any individual because of his race, color, religious

creed, ancestry, age, sex, familial status, marital status, 

national origin, non-job related handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of the user.

(g)  For any individual seeking employment to publish or

cause to be published any advertisement which in any manner

expresses a limitation or preference as to the race, color,

religious creed, ancestry, age, sex, familial status, marital

status, national origin, non-job related handicap or disability

or the use of a guide or support animal because of the

blindness, deafness or physical handicap of any prospective

employer.

* * *

Section 4.  This act shall take effect in 60 days.