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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FRANKEL, GERBER, BEYER, BISHOP, BRADFORD, BRENNAN, BRIGGS, BROWN, BUXTON, CALTAGIRONE, CARROLL, COHEN, D. COSTA, P. COSTA, CRUZ, CURRY, DALEY, DEASY, DePASQUALE, DERMODY, DeWEESE, DONATUCCI, DRUCKER, EACHUS, D. EVANS, FABRIZIO, FREEMAN, GALLOWAY, GEORGE, GERGELY, HARKINS, HORNAMAN, HOUGHTON, JOHNSON, JOSEPHS, W. KELLER, KESSLER, KIRKLAND, LENTZ, LEVDANSKY, MAHONEY, MANDERINO, MANN, McCALL, McGEEHAN, McILVAINE SMITH, MELIO, MUNDY, MURT, MYERS, M. O'BRIEN, O'NEILL, OLIVER, PARKER, PASHINSKI, PAYTON, PRESTON, READSHAW, ROEBUCK, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SHAPIRO, SIPTROTH, K. SMITH, STURLA, R. TAYLOR, THOMAS, VITALI, WAGNER, WALKO, WANSACZ, WATERS, WHEATLEY, WILLIAMS, YOUNGBLOOD AND HELM, MARCH 5, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 5, 2009 |
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| AN ACT |
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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 findings and declaration of |
12 | policy, for right to freedom from discrimination in |
13 | employment, housing and public accommodation; defining |
14 | "sexual orientation" and "gender identity or expression"; and |
15 | further providing for unlawful discriminatory practices, for |
16 | powers and duties of commission, for education program and |
17 | for construction and exclusiveness of remedy. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. The title and sections 2 and 3 of the act of |
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1 | October 27, 1955 (P.L.744, No.222), known as the Pennsylvania |
2 | Human Relations Act, amended December 20, 1991 (P.L.414, No.51), |
3 | are amended to read: |
4 | AN ACT |
5 | Prohibiting certain practices of discrimination because of race, |
6 | color, religious creed, ancestry, sexual orientation, gender |
7 | identity or expression, age or national origin, by employers, |
8 | employment agencies, labor organizations and others as herein |
9 | defined; creating the Pennsylvania Human Relations Commission |
10 | in the Governor's Office; defining its functions, powers and |
11 | duties; providing for procedure and enforcement; providing |
12 | for formulation of an educational program to prevent |
13 | prejudice; providing for judicial review and enforcement and |
14 | imposing penalties. |
15 | Section 2. Findings and Declaration of Policy.-- |
16 | (a) The practice or policy of discrimination against |
17 | individuals or groups by reason of their race, color, familial |
18 | status, religious creed, ancestry, sexual orientation, gender |
19 | identity or expression, age, sex, national origin, handicap or |
20 | disability, use of guide or support animals because of the |
21 | blindness, deafness or physical handicap of the user or because |
22 | the user is a handler or trainer of support or guide animals is |
23 | a matter of concern of the Commonwealth. Such discrimination |
24 | foments domestic strife and unrest, threatens the rights and |
25 | privileges of the inhabitants of the Commonwealth, and |
26 | undermines the foundations of a free democratic state. The |
27 | denial of equal employment, housing and public accommodation |
28 | opportunities because of such discrimination, and the consequent |
29 | failure to utilize the productive capacities of individuals to |
30 | their fullest extent, deprives large segments of the population |
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1 | of the Commonwealth of earnings necessary to maintain decent |
2 | standards of living, necessitates their resort to public relief |
3 | and intensifies group conflicts, thereby resulting in grave |
4 | injury to the public health and welfare, compels many |
5 | individuals to live in dwellings which are substandard, |
6 | unhealthful and overcrowded, resulting in racial segregation in |
7 | public schools and other community facilities, juvenile |
8 | delinquency and other evils, thereby threatening the peace, |
9 | health, safety and general welfare of the Commonwealth and its |
10 | inhabitants. |
11 | (b) It is hereby declared to be the public policy of this |
12 | Commonwealth to foster the employment of all individuals in |
13 | accordance with their fullest capacities regardless of their |
14 | race, color, religious creed, ancestry, sexual orientation, |
15 | gender identity or expression, age, sex, national origin, |
16 | handicap or disability, use of guide or support animals because |
17 | of the blindness, deafness or physical handicap of the user or |
18 | because the user is a handler or trainer of support or guide |
19 | animals, and to safeguard their right to obtain and hold |
20 | employment without such discrimination, to assure equal |
21 | opportunities to all individuals and to safeguard their rights |
22 | to public accommodation and to secure housing accommodation and |
23 | commercial property regardless of race, color, familial status, |
24 | religious creed, ancestry, sexual orientation, gender identity |
25 | or expression, age, sex, national origin, handicap or |
26 | disability, use of guide or support animals because of blindness |
27 | or deafness of the user or because the user is a handler or |
28 | trainer of guide or support animals. |
29 | (c) This act shall be deemed an exercise of the police power |
30 | of the Commonwealth for the protection of the public welfare, |
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1 | prosperity, health and peace of the people of the Commonwealth |
2 | of Pennsylvania. |
3 | Section 3. Right to Freedom from Discrimination in |
4 | Employment, Housing and Public Accommodation.--The opportunity |
5 | for an individual to obtain employment for which he is |
6 | qualified, and to obtain all the accommodations, advantages, |
7 | facilities and privileges of any public accommodation and of any |
8 | housing accommodation and commercial property without |
9 | discrimination because of race, color, familial status, |
10 | religious creed, ancestry, sexual orientation, gender identity |
11 | or expression, handicap or disability, age, sex, national |
12 | origin, the use of a guide or support animal because of the |
13 | blindness, deafness or physical handicap of the user or because |
14 | the user is a handler or trainer of support or guide animals is |
15 | hereby recognized as and declared to be a civil right which |
16 | shall be enforceable as set forth in this act. |
17 | Section 2. Section 4(b) of the act, amended December 20, |
18 | 1991 (P.L.414, No.51), is amended and the section is amended by |
19 | adding clauses to read: |
20 | Section 4. Definitions.--As used in this act unless a |
21 | different meaning clearly appears from the context: |
22 | * * * |
23 | (b) The term "employer" includes the Commonwealth or any |
24 | political subdivision or board, department, commission or school |
25 | district thereof and any person employing four or more persons |
26 | within the Commonwealth, but except as hereinafter provided, |
27 | does not include religious, fraternal, charitable or sectarian |
28 | corporations or associations, except such corporations or |
29 | associations supported, in whole or in part, by governmental |
30 | appropriations. The term "employer" with respect to |
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1 | discriminatory practices based on race, color, age, sex, |
2 | national origin, sexual orientation, gender identity or |
3 | expression or non-job related handicap or disability, includes |
4 | religious, fraternal, charitable and sectarian corporations and |
5 | associations employing four or more persons within the |
6 | Commonwealth. |
7 | * * * |
8 | (bb) The term "sexual orientation" means actual or perceived |
9 | heterosexuality, homosexuality or bisexuality. |
10 | (cc) The term "gender identity or expression" means actual |
11 | or perceived gender identity, appearance, behavior, expression |
12 | or physical characteristics whether or not associated with an |
13 | individual's assigned sex at birth. |
14 | Section 3. Section 5(a), (b), (c), (f), (g), (h) and (i) of |
15 | the act, amended or added December 20, 1991 (P.L.414, No.51), |
16 | July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326, |
17 | No.34), are amended to read: |
18 | Section 5. Unlawful Discriminatory Practices.--It shall be |
19 | an unlawful discriminatory practice, unless based upon a bona |
20 | fide occupational qualification, or in the case of a fraternal |
21 | corporation or association, unless based upon membership in such |
22 | association or corporation, or except where based upon |
23 | applicable security regulations established by the United States |
24 | or the Commonwealth of Pennsylvania: |
25 | (a) For any employer because of the race, color, religious |
26 | creed, ancestry, sexual orientation, gender identity or |
27 | expression, age, sex, national origin or non-job related |
28 | handicap or disability or the use of a guide or support animal |
29 | because of the blindness, deafness or physical handicap of any |
30 | individual or independent contractor, to refuse to hire or |
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1 | employ or contract with, or to bar or to discharge from |
2 | employment such individual or independent contractor, or to |
3 | otherwise discriminate against such individual or independent |
4 | contractor with respect to compensation, hire, tenure, terms, |
5 | conditions or privileges of employment or contract, if the |
6 | individual or independent contractor is the best able and most |
7 | competent to perform the services required. The provision of |
8 | this paragraph shall not apply, to (1) operation of the terms or |
9 | conditions of any bona fide retirement or pension plan which |
10 | have the effect of a minimum service requirement, (2) operation |
11 | of the terms or conditions of any bona fide group or employe |
12 | insurance plan, (3) age limitations placed upon entry into bona |
13 | fide apprenticeship programs of two years or more approved by |
14 | the State Apprenticeship and Training Council of the Department |
15 | of Labor and Industry, established by the act of July 14, 1961 |
16 | (P.L.604, No.304), known as "The Apprenticeship and Training |
17 | Act." Notwithstanding any provision of this clause, it shall not |
18 | be an unlawful employment practice for a religious corporation |
19 | or association to hire or employ on the basis of sex in those |
20 | certain instances where sex is a bona fide occupational |
21 | qualification because of the religious beliefs, practices, or |
22 | observances of the corporation, or association. |
23 | (b) For any employer, employment agency or labor |
24 | organization, prior to the employment, contracting with an |
25 | independent contractor or admission to membership, to: |
26 | (1) Elicit any information or make or keep a record of or |
27 | use any form of application or application blank containing |
28 | questions or entries concerning the race, color, religious |
29 | creed, ancestry, sexual orientation, gender identity or |
30 | expression, age, sex, national origin, past handicap or |
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1 | disability or the use of a guide or support animal because of |
2 | the blindness, deafness or physical handicap of any applicant |
3 | for employment or membership. Prior to an offer of employment, |
4 | an employer may not inquire as to whether an individual has a |
5 | handicap or disability or as to the severity of such handicap or |
6 | disability. An employer may inquire as to the individual's |
7 | ability to perform the essential functions of the employment. |
8 | (2) Print or publish or cause to be printed or published any |
9 | notice or advertisement relating to employment or membership |
10 | indicating any preference, limitation, specification or |
11 | discrimination based upon race, color, religious creed, |
12 | ancestry, sexual orientation, gender identity or expression, |
13 | age, sex, national origin, non-job related handicap or |
14 | disability or the use of a guide or support animal because of |
15 | the blindness, deafness or physical handicap of the user. |
16 | (3) Deny or limit, through a quota system, employment or |
17 | membership because of race, color, religious creed, ancestry, |
18 | sexual orientation, gender identity or expression, age, sex, |
19 | national origin, non-job related handicap or disability, the use |
20 | of a guide or support animal because of the blindness, deafness |
21 | or physical handicap of the user or place of birth. |
22 | (4) Substantially confine or limit recruitment or hiring of |
23 | individuals, with intent to circumvent the spirit and purpose of |
24 | this act, to any employment agency, employment service, labor |
25 | organization, training school or training center or any other |
26 | employe-referring source which services individuals who are |
27 | predominantly of the same race, color, religious creed, |
28 | ancestry, sexual orientation, gender identity or expression, |
29 | age, sex, national origin or non-job related handicap or |
30 | disability. |
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1 | (5) Deny employment because of a prior handicap or |
2 | disability. |
3 | Nothing in clause (b) of this section shall bar any |
4 | institution or organization for handicapped or disabled persons |
5 | from limiting or giving preference in employment or membership |
6 | to handicapped or disabled persons. |
7 | (c) For any labor organization because of the race, color, |
8 | religious creed, ancestry, sexual orientation, gender identity |
9 | or expression, age, sex, national origin, non-job related |
10 | handicap or disability or the use of a guide or support animal |
11 | because of the blindness, deafness or physical handicap of any |
12 | individual to deny full and equal membership rights to any |
13 | individual or otherwise to discriminate against such individuals |
14 | with respect to hire, tenure, terms, conditions or privileges of |
15 | employment or any other matter, directly or indirectly, related |
16 | to employment. |
17 | * * * |
18 | (f) For any employment agency to fail or refuse to classify |
19 | properly, refer for employment or otherwise to discriminate |
20 | against any individual because of his race, color, religious |
21 | creed, ancestry, sexual orientation, gender identity or |
22 | expression, age, sex, national origin, non-job related handicap |
23 | or disability or the use of a guide or support animal because of |
24 | the blindness, deafness or physical handicap of the user. |
25 | (g) For any individual seeking employment to publish or |
26 | cause to be published any advertisement which in any manner |
27 | expresses a limitation or preference as to the race, color, |
28 | religious creed, ancestry, sexual orientation, gender identity |
29 | or expression, age, sex, national origin, non-job related |
30 | handicap or disability or the use of a guide or support animal |
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1 | because of the blindness, deafness or physical handicap of any |
2 | prospective employer. |
3 | (h) For any person to: |
4 | (1) Refuse to sell, lease, finance or otherwise to deny or |
5 | withhold any housing accommodation or commercial property from |
6 | any person because of the race, color, familial status, age, |
7 | religious creed, ancestry, sexual orientation, gender identity |
8 | or expression, sex, national origin or handicap or disability of |
9 | any person, prospective owner, occupant or user of such housing |
10 | accommodation or commercial property, or to refuse to lease any |
11 | housing accommodation or commercial property to any person due |
12 | to use of a guide animal because of the blindness or deafness of |
13 | the user, use of a support animal because of a physical handicap |
14 | of the user or because the user is a handler or trainer of |
15 | support or guide animals or because of the handicap or |
16 | disability of an individual with whom the person is known to |
17 | have a relationship or association. |
18 | (1.1) Evict or attempt to evict an occupant of any housing |
19 | accommodation before the end of the term of a lease because of |
20 | pregnancy or the birth of a child. |
21 | (2) Refuse to lend money, whether or not secured by mortgage |
22 | or otherwise for the acquisition, construction, rehabilitation, |
23 | repair or maintenance of any housing accommodation or commercial |
24 | property or otherwise withhold financing of any housing |
25 | accommodation or commercial property from any person because of |
26 | the race, color, familial status, age, religious creed, |
27 | ancestry, sexual orientation, gender identity or expression, |
28 | sex, national origin, handicap or disability of any person, the |
29 | use of a guide or support animal because of the blindness, |
30 | deafness or physical handicap of the user or because the user is |
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1 | a handler or trainer of support or guide animals or because of |
2 | the handicap or disability of an individual with whom the person |
3 | is known to have a relationship or association. |
4 | (3) Discriminate against any person in the terms or |
5 | conditions of selling or leasing any housing accommodation or |
6 | commercial property or in furnishing facilities, services or |
7 | privileges in connection with the ownership, occupancy or use of |
8 | any housing accommodation or commercial property because of the |
9 | race, color, familial status, age, religious creed, ancestry, |
10 | sexual orientation, gender identity or expression, sex, national |
11 | origin, handicap or disability of any person, the use of a guide |
12 | or support animal because of the blindness, deafness or physical |
13 | handicap of the user or because the user is a handler or trainer |
14 | of support or guide animals or because of the handicap or |
15 | disability of an individual with whom the person is known to |
16 | have a relationship or association. |
17 | (3.1) Refuse to permit, at the expense of a person with a |
18 | handicap, reasonable modifications of existing premises occupied |
19 | or to be occupied by such person if such modifications may be |
20 | necessary to afford such person full enjoyment of the premises, |
21 | except that, in the case of a rental, the landlord may, where it |
22 | is reasonable to do so, grant permission for a modification if |
23 | the renter agrees to restore the interior of the premises to the |
24 | condition that existed before the modification, with reasonable |
25 | wear and tear excepted. |
26 | (3.2) Refuse to make reasonable accommodations in rules, |
27 | policies, practices or services when such accommodations may be |
28 | necessary to afford such person equal opportunity to use and |
29 | enjoy a housing accommodation. |
30 | (4) Discriminate against any person in the terms or |
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1 | conditions of any loan of money, whether or not secured by |
2 | mortgage or otherwise for the acquisition, construction, |
3 | rehabilitation, repair or maintenance of housing accommodation |
4 | or commercial property because of the race, color, familial |
5 | status, age, religious creed, ancestry, sexual orientation, |
6 | gender identity or expression, sex, national origin or handicap |
7 | or disability of any person, the use of a guide or support |
8 | animal because of the blindness, deafness or physical handicap |
9 | of the user or because the user is a handler or trainer of guide |
10 | or support animals or because of the handicap or disability of |
11 | an individual with whom the person is known to have a |
12 | relationship or association. |
13 | (5) Print, publish or circulate any statement or |
14 | advertisement: (i) relating to the sale, lease or acquisition of |
15 | any housing accommodation or commercial property or the loan of |
16 | money, whether or not secured by mortgage, or otherwise for the |
17 | acquisition, construction, rehabilitation, repair or maintenance |
18 | of any housing accommodation or commercial property which |
19 | indicates any preference, limitation, specification, or |
20 | discrimination based upon race, color, familial status, age, |
21 | religious creed, ancestry, sexual orientation, gender identity |
22 | or expression, sex, national origin, handicap or disability or |
23 | because of the handicap or disability of an individual with whom |
24 | the person is known to have a relationship or association, or |
25 | (ii) relating to the sale, lease or acquisition of any housing |
26 | accommodation or commercial property which indicates any |
27 | preference, limitation, specification or discrimination based |
28 | upon use of a guide or support animal because of the blindness, |
29 | deafness or physical handicap of the user or because the user is |
30 | a handler or trainer of support or guide animals. |
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1 | (6) Make any inquiry, elicit any information, make or keep |
2 | any record or use any form of application, containing questions |
3 | or entries concerning race, color, familial status, age, |
4 | religious creed, ancestry, sexual orientation, gender identity |
5 | or expression, sex, national origin, handicap or disability or |
6 | because of the handicap or disability of an individual with whom |
7 | the person is known to have a relationship or association in |
8 | connection with the sale or lease of any housing accommodation |
9 | or commercial property or loan of any money, whether or not |
10 | secured by mortgage or otherwise for the acquisition, |
11 | construction, rehabilitation, repair or maintenance of any |
12 | housing accommodation or commercial property, or to make any |
13 | inquiry, elicit any information, make or keep any record or use |
14 | any form of application, containing questions or entries |
15 | concerning the use of a guide or support animal because of the |
16 | blindness, deafness or physical handicap of the user or because |
17 | the user is a handler or trainer of support or guide animals, in |
18 | connection with the lease of any housing accommodation or |
19 | commercial property. |
20 | (7) Construct, operate, offer for sale, lease or rent or |
21 | otherwise make available housing or commercial property which is |
22 | not accessible. |
23 | (8) Discriminate in real estate-related transactions, as |
24 | described by and subject to the following: |
25 | (i) It shall be unlawful for any person or other entity |
26 | whose business includes engaging in real estate-related |
27 | transactions to discriminate against any person in making |
28 | available such a transaction or in the terms or conditions of |
29 | such a transaction because of race, color, religious creed, |
30 | ancestry, sexual orientation, gender identity or expression, |
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1 | national origin, sex, age, handicap or disability, use of a |
2 | guide or support animal because of a physical handicap or |
3 | because the user is a handler or trainer of guide or support |
4 | animals or familial status. |
5 | (ii) Nothing in this act prohibits a person engaged in the |
6 | business of furnishing appraisals of real property to take into |
7 | consideration factors other than race, color, religious creed, |
8 | ancestry, sexual orientation, gender identity or expression, |
9 | national origin, sex, age, handicap or disability, use of a |
10 | guide or support animal because of a physical handicap or |
11 | because the user is a handler or trainer of guide or support |
12 | animals or familial status. |
13 | (9) Nothing in this clause, regarding age or familial |
14 | status, shall apply with respect to housing for older persons. A |
15 | person shall not be held personally liable for monetary damages |
16 | for a violation of this act if the person reasonably relied, in |
17 | good faith, on the application of the exemption of this |
18 | subclause. A person may only prove good faith reliance on the |
19 | application of the exemption of this subclause by proving that |
20 | at the time of the act complained of all of the following |
21 | applied: |
22 | (i) The person had no actual knowledge that the housing was |
23 | not eligible for exemption under this subclause. |
24 | (ii) The owner or manager of the housing had stated |
25 | formally, in writing, that the housing complied with the |
26 | requirements for exemption under this subclause. |
27 | (10) Nothing in this clause shall bar any religious or |
28 | denominational institution or organization or any charitable or |
29 | educational organization which is operated, supervised or |
30 | controlled by or in connection with a religious organization or |
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1 | any bona fide private or fraternal organization from giving |
2 | preference to persons of the same religion or denomination or to |
3 | members of such private or fraternal organization or from making |
4 | such selection as is calculated by such organization to promote |
5 | the religious principles or the aims, purposes or fraternal |
6 | principles for which it is established or maintained. Nor shall |
7 | it apply to the rental of rooms in a landlord-occupied rooming |
8 | house with a common entrance, nor with respect to discrimination |
9 | based on sex, the advertising, rental or leasing of housing |
10 | accommodations in a single-sex dormitory or rooms in one's |
11 | personal residence in which common living areas are shared. |
12 | (11) Nothing in this act limits the applicability of the |
13 | Fair Housing Act and reasonable State or local restrictions on |
14 | the maximum number of occupants permitted to occupy a dwelling |
15 | or a reasonable restriction relating to health or safety |
16 | standards or business necessity. Owners and managers of |
17 | dwellings may develop and implement reasonable occupancy and |
18 | safety standards based on factors such as the number and size of |
19 | sleeping areas or bedrooms and the overall size of a dwelling |
20 | unit so long as the standards do not violate the Fair Housing |
21 | Act or State or local restrictions. |
22 | (i) For any person being the owner, lessee, proprietor, |
23 | manager, superintendent, agent or employe of any public |
24 | accommodation, resort or amusement to: |
25 | (1) Refuse, withhold from, or deny to any person because of |
26 | his race, color, sex, religious creed, ancestry, sexual |
27 | orientation, gender identity or expression, national origin, or |
28 | handicap or disability, or to any person due to use of a guide |
29 | or support animal because of the blindness, deafness or physical |
30 | handicap of the user or because the user is a handler or trainer |
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1 | of support or guide animals, either directly or indirectly, any |
2 | of the accommodations, advantages, facilities or privileges of |
3 | such public accommodation, resort or amusement. |
4 | (2) Publish, circulate, issue, display, post or mail, either |
5 | directly or indirectly, any written or printed communication, |
6 | notice or advertisement to the effect that any of the |
7 | accommodations, advantages, facilities and privileges of any |
8 | such place shall be refused, withheld from or denied to any |
9 | person on account of race, color, religious creed, sex, |
10 | ancestry, sexual orientation, gender identity or expression, |
11 | national origin or handicap or disability, or to any person due |
12 | to use of a guide or support animal because of the blindness, |
13 | deafness or physical handicap of the user, or because the user |
14 | is a handler or trainer of support or guide animals, or that the |
15 | patronage or custom thereat of any person, belonging to or |
16 | purporting to be of any particular race, color, religious creed, |
17 | sex, ancestry, sexual orientation, gender identity or |
18 | expression, national origin or handicap or disability, or to any |
19 | person due to use of a guide or support animal because of the |
20 | blindness, deafness or physical handicap of the user or because |
21 | the user is a handler or trainer of support or guide animals, is |
22 | unwelcome, objectionable or not acceptable, desired or |
23 | solicited. |
24 | (3) Exclude or otherwise deny equal goods, services, |
25 | facilities, privileges, advantages, accommodations or other |
26 | opportunities to a person because of the handicap or disability |
27 | of an individual with whom the person is known to have a |
28 | relationship or association. |
29 | (4) Construct, operate or otherwise make available such |
30 | place of public accommodation, resort or amusement which is not |
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1 | accessible. |
2 | * * * |
3 | Section 4. Sections 5.3 and 7(i), (j), (k) of the act, |
4 | amended December 20, 1991 (P.L.414, No.51), are amended to read: |
5 | Section 5.3. Prohibition of Certain Real Estate Practices.-- |
6 | It shall be an unlawful discriminatory practice for any person |
7 | to: |
8 | (a) Induce, solicit or attempt to induce or solicit for |
9 | commercial profit any listing, sale or transaction involving any |
10 | housing accommodation or commercial property by representing |
11 | that such housing accommodation or commercial property is within |
12 | any neighborhood, community or area adjacent to any other area |
13 | in which there reside, or do not reside, persons of a particular |
14 | race, color, familial status, age, religious creed, ancestry, |
15 | sexual orientation, gender identity or expression, sex, national |
16 | origin, handicap or disability, or who are guide or support |
17 | animal dependent. |
18 | (b) Discourage, or attempt to discourage, for commercial |
19 | profit, the purchase or lease of any housing accommodation or |
20 | commercial property by representing that such housing |
21 | accommodation or commercial property is within any neighborhood, |
22 | community or area adjacent to any other area in which there |
23 | reside, or may in the future reside in increased or decreased |
24 | numbers, persons of a particular race, color, familial status, |
25 | age, religious creed, ancestry, sexual orientation, gender |
26 | identity or expression, sex, national origin, handicap or |
27 | disability, or who are guide or support animal dependent. |
28 | (c) Misrepresent, create or distort a circumstance, |
29 | condition or incident for the purpose of fostering the |
30 | impression or belief, on the part of any owner, occupant or |
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1 | prospective owner or occupant of any housing accommodation or |
2 | commercial property, that such housing accommodation or |
3 | commercial property is within any neighborhood, community or |
4 | area adjacent to any other area which would be adversely |
5 | impacted by the residence, or future increased or decreased |
6 | residence, of persons of a particular race, color, familial |
7 | status, age, religious creed, ancestry, sexual orientation, |
8 | gender identity or expression, sex, national origin, handicap or |
9 | disability, or who are guide or support animal dependent within |
10 | such neighborhood, community or area. |
11 | (d) In any way misrepresent or otherwise misadvertise within |
12 | a neighborhood or community, whether or not in writing, that any |
13 | housing accommodation or commercial property within such |
14 | neighborhood or community is available for inspection, sale, |
15 | lease, sublease or other transfer, in any context where such |
16 | misrepresentation or misadvertising would have the effect of |
17 | fostering an impression or belief that there has been or will be |
18 | an increase in real estate activity within such neighborhood or |
19 | community due to the residence, or anticipated increased or |
20 | decreased residence, of persons of a particular race, color, |
21 | familial status, age, religious creed, ancestry, sexual |
22 | orientation, gender identity or expression, sex, national |
23 | origin, handicap or disability, or the use of a guide or support |
24 | animal because of the blindness, deafness or physical handicap |
25 | of the user. |
26 | Section 7. Powers and Duties of the Commission.--The |
27 | Commission shall have the following powers and duties: |
28 | * * * |
29 | (i) To create such advisory agencies and conciliation |
30 | councils, local or state-wide, as will aid in effectuating the |
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1 | purposes of this act. The Commission may itself or it may |
2 | empower these agencies and councils to (1) study the problems of |
3 | discrimination in all or specific fields of human relationships |
4 | when based on race, color, familial status, religious creed, |
5 | ancestry, sexual orientation, gender identity or expression, |
6 | age, sex, national origin or handicap or disability, and (2) |
7 | foster, through community effort or otherwise, good will among |
8 | the groups and elements of the population of the State. Such |
9 | agencies and councils may make recommendations to the Commission |
10 | for the development of policies and procedure in general. |
11 | Advisory agencies and conciliation councils created by the |
12 | Commission shall be composed of representative citizens, serving |
13 | without pay, but the Commission may make provision for technical |
14 | and clerical assistance to such agencies and councils, and for |
15 | the payment of the expenses of such assistance. |
16 | (j) To issue such publications and such results of |
17 | investigations and research as, in its judgment, will tend to |
18 | promote good will and minimize or eliminate discrimination |
19 | because of race, color, familial status, religious creed, |
20 | ancestry, sexual orientation, gender identity or expression, |
21 | age, sex, national origin or handicap or disability. |
22 | (k) To submit an annual report for each fiscal year by the |
23 | following March 31 to the General Assembly, the Labor and |
24 | Industry Committee of the Senate and the State Government |
25 | Committee of the House of Representatives and the Governor |
26 | describing in detail the types of complaints received, the |
27 | investigations, status of cases, Commission action which has |
28 | been taken, how many were found to have probable cause, how many |
29 | were resolved by public hearing and the length of time from the |
30 | initial complaint to final Commission resolution. It shall also |
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1 | contain recommendations for such further legislation concerning |
2 | abuses and discrimination because of race, color, familial |
3 | status, religious creed, ancestry, sexual orientation, gender |
4 | identity or expression, national origin, age, sex, handicap or |
5 | disability or the use of a guide or support animal because of |
6 | the blindness, deafness or physical handicap of the user or |
7 | because the user is a handler or trainer of support or guide |
8 | animals, as may be desirable. |
9 | * * * |
10 | Section 5. Section 8 of the act, amended July 12, 1996 |
11 | (P.L.684, No.117), is amended to read: |
12 | Section 8. Educational Program.--The Commission, in |
13 | cooperation with the Department of Education, is authorized to |
14 | recommend a multicultural educational program, designed for the |
15 | students of the schools in this Commonwealth and for all other |
16 | residents thereof, with emphasis on foreign cultural and |
17 | language studies, as well as on the basic shared precepts and |
18 | principles of United States culture, in order to promote |
19 | cultural understanding and appreciation and to further good will |
20 | among all persons, without regard to race, color, familial |
21 | status, religious creed, ancestry, sexual orientation, gender |
22 | identity or expression, age, sex, national origin, handicap or |
23 | disability. |
24 | Section 6. Section 12(b) of the act, amended December 20, |
25 | 1991 (P.L.414, No.51), is amended to read: |
26 | Section 12. Construction and Exclusiveness of Remedy.-- |
27 | * * * |
28 | (b) Except as provided in subsection (c), nothing contained |
29 | in this act shall be deemed to repeal or supersede any of the |
30 | provisions of any existing or hereafter adopted municipal |
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1 | ordinance, municipal charter or of any law of this Commonwealth |
2 | relating to discrimination because of race, color, familial |
3 | status, religious creed, ancestry, sexual orientation, gender |
4 | identity or expression, age, sex, national origin or handicap or |
5 | disability, but as to acts declared unlawful by section five of |
6 | this act the procedure herein provided shall, when invoked, be |
7 | exclusive and the final determination therein shall exclude any |
8 | other action, civil or criminal, based on the same grievance of |
9 | the complainant concerned. If the complainant institutes any |
10 | action based on such grievance without resorting to the |
11 | procedure provided in this act, such complainant may not |
12 | subsequently resort to the procedure herein. In the event of a |
13 | conflict between the interpretation of a provision of this act |
14 | and the interpretation of a similar provision contained in any |
15 | municipal ordinance, the interpretation of the provision in this |
16 | act shall apply to such municipal ordinance. |
17 | * * * |
18 | Section 7. This act shall take effect in 60 days. |
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