PRINTER'S NO. 328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 313
Session of
2021
INTRODUCED BY BROWNE, MARCH 10, 2021
REFERRED TO LABOR AND INDUSTRY, MARCH 10, 2021
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222), entitled
2 "An act prohibiting certain practices of discrimination
3 because of race, color, religious creed, ancestry, age or
4 national origin by employers, employment agencies, labor
5 organizations and others as herein defined; creating the
6 Pennsylvania Human Relations Commission in the Governor's
7 Office; defining its functions, powers and duties; providing
8 for procedure and enforcement; providing for formulation of
9 an educational program to prevent prejudice; providing for
10 judicial review and enforcement and imposing penalties,"
11 further providing for the title of the act, for findings and
12 declaration of policy, for right to freedom from
13 discrimination in employment, housing and public
14 accommodation, for definitions, for unlawful discriminatory
15 practices and for prohibition of certain real estate
16 practices; providing for protection of religious exercise;
17 and further providing for powers and duties of commission,
18 for educational program and for construction and
19 exclusiveness of remedy.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The title and sections 2 and 3 of the act of
23 October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
24 Human Relations Act, are amended to read:
25 AN ACT
26 Prohibiting certain practices of discrimination because of race,
27 color, religious creed, ancestry, sex, sexual orientation,
 1 gender identity or expression, age or national origin by
2 employers, employment agencies, labor organizations and
3 others as herein defined; creating the Pennsylvania Human
4 Relations Commission in the Governor's Office; defining its
5 functions, powers and duties; providing for procedure and
6 enforcement; providing for formulation of an educational
7 program to prevent prejudice; providing for judicial review
8 and enforcement and imposing penalties.
9 Section 2. Findings and Declaration of Policy.--
10 (a) The practice or policy of discrimination against
11 individuals or groups by reason of their race, color, familial
12 status, religious creed, ancestry, age, sex, sexual orientation,
13 gender identity or expression, national origin, handicap or
14 disability, use of guide or support animals because of the
15 blindness, deafness or physical handicap of the user or because
16 the user is a handler or trainer of support or guide animals is
17 a matter of concern of the Commonwealth. Such discrimination
18 foments domestic strife and unrest, threatens the rights and
19 privileges of the inhabitants of the Commonwealth, and
20 undermines the foundations of a free democratic state. The
21 denial of equal employment, housing and public accommodation
22 opportunities because of such discrimination, and the consequent
23 failure to utilize the productive capacities of individuals to
24 their fullest extent, deprives large segments of the population
25 of the Commonwealth of earnings necessary to maintain decent
26 standards of living, necessitates their resort to public relief
27 and intensifies group conflicts, thereby resulting in grave
28 injury to the public health and welfare, compels many
29 individuals to live in dwellings which are substandard,
30 unhealthful and overcrowded, resulting in racial segregation in
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 1 public schools and other community facilities, juvenile
2 delinquency and other evils, thereby threatening the peace,
3 health, safety and general welfare of the Commonwealth and its
4 inhabitants. Public policies, reflecting an open and welcoming
5 environment and ensuring equal opportunity, foster economic
6 growth and prosperity which benefit the inhabitants of this
7 Commonwealth. Conversely, the absence of nondiscrimination
8 protections hinders efforts to recruit and retain the diversity
9 of talented individuals and successful enterprises required for
10 a thriving economy and strong public sector on which the
11 inhabitants of this Commonwealth depend.
12 (b) It is hereby declared to be the public policy of this
13 Commonwealth to foster the employment of all individuals in
14 accordance with their fullest capacities regardless of their
15 race, color, religious creed, ancestry, age, sex, sexual
16 orientation, gender identity or expression, national origin,
17 handicap or disability, use of guide or support animals because
18 of the blindness, deafness or physical handicap of the user or
19 because the user is a handler or trainer of support or guide
20 animals, and to safeguard their right to obtain and hold
21 employment without such discrimination, to assure equal
22 opportunities to all individuals and to safeguard their rights
23 to public accommodation and to secure housing accommodation and
24 commercial property regardless of race, color, familial status,
25 religious creed, ancestry, age, sex, sexual orientation, gender
26 identity or expression, national origin, handicap or disability,
27 use of guide or support animals because of blindness or deafness
28 of the user or because the user is a handler or trainer of guide
29 or support animals.
30 (c) This act shall be deemed an exercise of the police power
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 1 of the Commonwealth for the protection of the public welfare,
2 prosperity, health and peace of the people of the Commonwealth
3 of Pennsylvania.
4 Section 3. Right to Freedom from Discrimination in
5 Employment, Housing and Public Accommodation.--The opportunity
6 for an individual to obtain employment for which he is
7 qualified, and to obtain all the accommodations, advantages,
8 facilities and privileges of any public accommodation and of any
9 housing accommodation and commercial property without
10 discrimination because of race, color, familial status,
11 religious creed, ancestry, handicap or disability, age, sex,
12 sexual orientation, gender identity or expression, national
13 origin, the use of a guide or support animal because of the
14 blindness, deafness or physical handicap of the user or because
15 the user is a handler or trainer of support or guide animals is
16 hereby recognized as and declared to be a civil right which
17 shall be enforceable as set forth in this act.
18 Section 2. Sections 4(b) and 5(a), (b), (c), (f), (g), (h)
19 and (i) of the act are amended and the sections are amended by
20 adding subsections to read:
21 Section 4. Definitions.--As used in this act unless a
22 different meaning clearly appears from the context:
23 * * *
24 (b) The term "employer" includes the Commonwealth or any
25 political subdivision or board, department, commission or school
26 district thereof and any person employing four or more persons
27 within the Commonwealth, but except as hereinafter provided,
28 does not include religious, fraternal, charitable or sectarian
29 corporations or associations, except such corporations or
30 associations supported, in whole or in part, by governmental
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 1 appropriations. The term "employer" with respect to
2 discriminatory practices based on race, color, age, sex, sexual
3 orientation, gender identity or expression, national origin or
4 non-job related handicap or disability, includes religious,
5 fraternal, charitable and sectarian corporations and
6 associations employing four or more persons within the
7 Commonwealth.
8 * * *
9 (bb) The term "sexual orientation" means heterosexuality,
10 homosexuality or bisexuality.
11 (cc) The term "gender identity or expression" means the
12 gender-related identity, appearance, mannerisms, expression or
13 other gender-related characteristics of an individual regardless
14 of the individual's designated sex at birth.
15 Section 5. Unlawful Discriminatory Practices.--It shall be
16 an unlawful discriminatory practice, unless based upon a bona
17 fide occupational qualification, or in the case of a fraternal
18 corporation or association, unless based upon membership in such
19 association or corporation, or except where based upon
20 applicable security regulations established by the United States
21 or the Commonwealth of Pennsylvania:
22 (a) For any employer because of the race, color, religious
23 creed, ancestry, age, sex, sexual orientation, gender identity
24 or expression, national origin or non-job related handicap or
25 disability or the use of a guide or support animal because of
26 the blindness, deafness or physical handicap of any individual
27 or independent contractor, to refuse to hire or employ or
28 contract with, or to bar or to discharge from employment such
29 individual or independent contractor, or to otherwise
30 discriminate against such individual or independent contractor
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 1 with respect to compensation, hire, tenure, terms, conditions or
2 privileges of employment or contract, if the individual or
3 independent contractor is the best able and most competent to
4 perform the services required. The [provision] provisions of
5 this paragraph shall not apply, to (1) operation of the terms or
6 conditions of any bona fide retirement or pension plan which
7 have the effect of a minimum service requirement, (2) operation
8 of the terms or conditions of any bona fide group or employe
9 insurance plan, (3) age limitations placed upon entry into bona
10 fide apprenticeship programs of two years or more approved by
11 the State Apprenticeship and Training Council of the Department
12 of Labor and Industry, established by the act of July 14, 1961
13 (P.L.604, No.304), known as "The Apprenticeship and Training
14 Act." Notwithstanding any provision of this clause, it shall not
15 be an unlawful employment practice for a religious corporation
16 or association to hire or employ on the basis of sex in those
17 certain instances where sex is a bona fide occupational
18 qualification because of the religious beliefs, practices, or
19 observances of the corporation, or association. Except as
20 otherwise required by law, it is not an unlawful discriminatory
21 practice based on race, color, religious creed, ancestry, age,
22 sexual orientation, gender identity or expression or national
23 origin under this act to fail or refuse to construct new or
24 additional facilities.
25 (b) For any employer, employment agency or labor
26 organization, prior to the employment, contracting with an
27 independent contractor or admission to membership, to:
28 (1) Elicit any information or make or keep a record of or
29 use any form of application or application blank containing
30 questions or entries concerning the race, color, religious
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 1 creed, ancestry, age, sex, sexual orientation, gender identity
2 or expression, national origin, past handicap or disability or
3 the use of a guide or support animal because of the blindness,
4 deafness or physical handicap of any applicant for employment or
5 membership. Prior to an offer of employment, an employer may not
6 inquire as to whether an individual has a handicap or disability
7 or as to the severity of such handicap or disability. An
8 employer may inquire as to the individual's ability to perform
9 the essential functions of the employment.
10 (2) Print or publish or cause to be printed or published any
11 notice or advertisement relating to employment or membership
12 indicating any preference, limitation, specification or
13 discrimination based upon race, color, religious creed,
14 ancestry, age, sex, sexual orientation, gender identity or
15 expression, national origin, non-job related handicap or
16 disability or the use of a guide or support animal because of
17 the blindness, deafness or physical handicap of the user.
18 (3) Deny or limit, through a quota system, employment or
19 membership because of race, color, religious creed, ancestry,
20 age, sex, sexual orientation, gender identity or expression,
21 national origin, non-job related handicap or disability, the use
22 of a guide or support animal because of the blindness, deafness
23 or physical handicap of the user or place of birth.
24 (4) Substantially confine or limit recruitment or hiring of
25 individuals, with intent to circumvent the spirit and purpose of
26 this act, to any employment agency, employment service, labor
27 organization, training school or training center or any other
28 employe-referring source which services individuals who are
29 predominantly of the same race, color, religious creed,
30 ancestry, age, sex, sexual orientation, gender identity or
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 1 expression, national origin or non-job related handicap or
2 disability.
3 (5) Deny employment because of a prior handicap or
4 disability.
5 Nothing in clause (b) of this section shall bar any
6 institution or organization for handicapped or disabled persons
7 from limiting or giving preference in employment or membership
8 to handicapped or disabled persons.
9 (c) For any labor organization because of the race, color,
10 religious creed, ancestry, age, sex, sexual orientation, gender
11 identity or expression, national origin, non-job related
12 handicap or disability or the use of a guide or support animal
13 because of the blindness, deafness or physical handicap of any
14 individual to deny full and equal membership rights to any
15 individual or otherwise to discriminate against such individuals
16 with respect to hire, tenure, terms, conditions or privileges of
17 employment or any other matter, directly or indirectly, related
18 to employment.
19 * * *
20 (f) For any employment agency to fail or refuse to classify
21 properly, refer for employment or otherwise to discriminate
22 against any individual because of his race, color, religious
23 creed, ancestry, age, sex, sexual orientation, gender identity
24 or expression, national origin, non-job related handicap or
25 disability or the use of a guide or support animal because of
26 the blindness, deafness or physical handicap of the user.
27 (g) For any individual seeking employment to publish or
28 cause to be published any advertisement which in any manner
29 expresses a limitation or preference as to the race, color,
30 religious creed, ancestry, age, sex, sexual orientation, gender
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 1 identity or expression, national origin, non-job related
2 handicap or disability or the use of a guide or support animal
3 because of the blindness, deafness or physical handicap of any
4 prospective employer.
5 (h) For any person to:
6 (1) Refuse to sell, lease, finance or otherwise to deny or
7 withhold any housing accommodation or commercial property from
8 any person because of the race, color, familial status, age,
9 religious creed, ancestry, sex, sexual orientation, gender
10 identity or expression, national origin or handicap or
11 disability of any person, prospective owner, occupant or user of
12 such housing accommodation or commercial property, or to refuse
13 to lease any housing accommodation or commercial property to any
14 person due to use of a guide animal because of the blindness or
15 deafness of the user, use of a support animal because of a
16 physical handicap of the user or because the user is a handler
17 or trainer of support or guide animals or because of the
18 handicap or disability of an individual with whom the person is
19 known to have a relationship or association.
20 (1.1) Evict or attempt to evict an occupant of any housing
21 accommodation before the end of the term of a lease because of
22 pregnancy or the birth of a child.
23 (2) Refuse to lend money, whether or not secured by mortgage
24 or otherwise for the acquisition, construction, rehabilitation,
25 repair or maintenance of any housing accommodation or commercial
26 property or otherwise withhold financing of any housing
27 accommodation or commercial property from any person because of
28 the race, color, familial status, age, religious creed,
29 ancestry, sex, sexual orientation, gender identity or
30 expression, national origin, handicap or disability of any
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 1 person, the use of a guide or support animal because of the
2 blindness, deafness or physical handicap of the user or because
3 the user is a handler or trainer of support or guide animals or
4 because of the handicap or disability of an individual with whom
5 the person is known to have a relationship or association.
6 (3) Discriminate against any person in the terms or
7 conditions of selling or leasing any housing accommodation or
8 commercial property or in furnishing facilities, services or
9 privileges in connection with the ownership, occupancy or use of
10 any housing accommodation or commercial property because of the
11 race, color, familia