HB 503 — An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for findings and declaration of policy, for right to freedom from discrimination in employment, housing and public accommodation, for definitions, for unlawful discriminatory practices, for prohibition of certain real estate practices, for powers and duties of the commission, for educational program and for construction and exclusiveness of remedy.

PRIOR PRINTER'S NO.

472 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2023 No.

1770 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2023 No.

NELSON, MARCH 17, 2023 REFERREDAS TOREPORTED FROM COMMITTEE ON STATE GOVERNMENT, MARCHHOUSE 17,OF REPRESENTATIVES, AS AMENDED, JUNE 28, 2023 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;

penalties," further providing for judicialfindings review and enforcementdeclaration andof imposing policy, for right to freedom from discrimination inarationin of employment, housing and public accommodation, for definitions, for unlawful discriminatory practices, for prohibition of certain real estate practices, for powers and duties of the commission, for educational program and for construction and exclusiveness of remedy.

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, family caregiver status, religious creed, ancestry, age, sex, national origin, POLITICAL <-- AFFILIATION, 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.

(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, family caregiver status, ancestry, age, sex, national origin, POLITICAL AFFILIATION, handicap or disability, use of guide or <-- 20230HB0503PN1770 - 2 - support animals because of the blindness, deafness or physical handicap of the user or 20230HB0503PN0472 - 2 - 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, religious creed, ancestry, age, sex, national origin, POLITICAL AFFILIATION, 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.

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, family caregiver status, religious creed, ancestry, handicap or disability, age, sex, national origin, POLITICAL <-- AFFILIATION, 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.

Definitions.--As used in this act unless a 20230HB0503PN1770 - 3 - different meaning clearly appears from the context:

* * * 20230HB0503PN0472 - 3 - (bb) The term "family caregiver status" means a person who provides medical or supervisory care to a person related to the caregiver by blood, legal custody or marriage.

(a) For any employer because of the race, color, religious creed, ancestry, familial status, marital status, family caregiver status, age, sex, national originorigin, POLITICAL <-- AFFILIATION 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 20230HB0503PN1770 - 4 - 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 20230HB0503PN0472 - 4 - 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.

(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, family caregiver status, age, sex, national origin, POLITICAL <-- AFFILIATION, 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 20230HB0503PN1770 - 5 - individual intends to have a child.

(2) Print or publish or cause to be printed or published any 20230HB0503PN0472 - 5 - notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry, age, sex, national origin, non-jobPOLITICAL AFFILIATION, 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, familial status, marital status, family caregiver status, age, sex, national origin, POLITICAL AFFILIATION, 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, familial status, marital status, family caregiver status, age, sex, national originorigin, POLITICAL AFFILIATION or non-jobnon- <-- job related handicap or disability.

Nothing in clause (b) of this section shall bar any 20230HB0503PN1770 - 6 - 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, familial status, marital status, family caregiver status, age, sex, national origin, non-jobPOLITICAL 20230HB0503PN0472<-- -AFFILIATION, 6non-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, familial status, marital status, family caregiver status, age, sex, national origin, POLITICAL <-- AFFILIATION, 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, familial status, marital status, family caregiver status, age, sex, national origin, POLITICAL <-- AFFILIATION, 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.

20230HB0503PN1770 - 7 - (h) For any person to:

(1) Refuse to sell, lease, finance or otherwise to deny or withhold any housing accommodation or commercial property from any person because of the race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national originorigin, POLITICAL AFFILIATION or handicap or <-- disability of any person, 20230HB0503PN0472 - 7 - prospective owner, occupant or user of such housing accommodation or commercial property, or to refuse to lease any housing accommodation or commercial property to any person due to use of a guide animal because of the blindness or deafness of the user, use of a support animal because of a physical handicap of the user or because the user is a handler or trainer of support or guide animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(2) Refuse to lend money, whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property or otherwise withhold financing of any housing accommodation or commercial property from any person because of the race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, handicap or disability of any <-- person, 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 or because of the handicap or disability of an individual with whom 20230HB0503PN1770 - 8 - the person is known to have a relationship or association.

(3) Discriminate against any person in the terms or conditions of selling or leasing any housing accommodation or commercial property or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing accommodation or commercial property because of the 20230HB0503PN0472 - 8 - race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, handicap or disability of any person, 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 or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(4) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise for the acquisition, construction, 20230HB0503PN1770 - 9 - rehabilitation, repair or maintenance of housing accommodation or commercial property because of the race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national originorigin, POLITICAL AFFILIATION or <-- handicap or disability of any person, the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or 20230HB0503PN0472 - 9 - because the user is a handler or trainer of guide or support animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(i) relating to the sale, lease or acquisition of any housing accommodation or commercial property or the loan of money, whether or not secured by mortgage, or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property which indicates any preference, limitation, specification, or discrimination based upon race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, handicap or <-- disability or because of the handicap or disability of an individual with whom the person is known to have a relationship or association, or (ii) relating to the sale, lease or acquisition of any housing accommodation or commercial property which indicates any preference, limitation, specification or discrimination based upon 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.

(6) Make any inquiry, elicit any information, make or keep 20230HB0503PN1770 - 10 - any record or use any form of application, containing questions or entries concerning race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, handicap or <-- disability or because of the handicap or disability of an individual with whom the person is known to have a relationship or association in connection with the sale or lease of any housing accommodation or commercial 20230HB0503PN0472 - 10 - property or loan of any money, whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property, or to make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning 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, in connection with the lease of any housing accommodation or commercial property.

(i) It shall be unlawful for any person or other entity whose business includes engaging in real estate-related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color, familial status, marital status, family caregiver status, religious creed, ancestry, national origin, POLITICAL AFFILIATION, sex, age, <-- 20230HB0503PN1770 - 11 - handicap or disability, use of a guide or support animal because of a physical handicap or because the user is a handler or trainer of guide or support animals [or familial status].

(ii) Nothing in this act prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, familial status, marital status, family caregiver status, religious creed, 20230HB0503PN0472 - 11 - ancestry, national origin, POLITICAL AFFILIATION, sex, age, <-- handicap or disability, use of a guide or support animal because of a physical handicap or because the user is a handler or trainer of guide or support animals [or familial status].

(10) Nothing in this clause shall bar any religious or denominational institution or organization or any charitable or educational organization which is operated, supervised or controlled by or in connection with a religious organization or any bona fide private or fraternal organization from giving 20230HB0503PN1770 - 12 - preference to persons of the same religion or denomination or to members of such private or fraternal organization or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained.

Nor shall it apply to the rental of rooms in a landlord-occupied rooming house with a common entrance, nor with respect to discrimination 20230HB0503PN0472 - 12 - based on sex, the advertising, rental or leasing of housing accommodations in a single-sex dormitory or rooms in one's personal residence in which common living areas are shared.

(a) Induce, solicit or attempt to induce or solicit for commercial profit any listing, sale or transaction involving any housing accommodation or commercial property by representing that such housing accommodation or commercial property is within any neighborhood, community or area adjacent to any other area in which there reside, or do not reside, persons of a particular 20230HB0503PN1770 - 13 - race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, handicap or disability, or who are guide <-- or support animal dependent.

(b) Discourage, or attempt to discourage, for commercial profit, the purchase or lease of any housing accommodation or commercial property by representing that such housing 20230HB0503PN0472 - 13 - accommodation or commercial property is within any neighborhood, community or area adjacent to any other area in which there reside, or may in the future reside in increased or decreased numbers, persons of a particular race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, handicap <-- or disability, or who are guide or support animal dependent.

(c) Misrepresent, create or distort a circumstance, condition or incident for the purpose of fostering the impression or belief, on the part of any owner, occupant or prospective owner or occupant of any housing accommodation or commercial property, that such housing accommodation or commercial property is within any neighborhood, community or area adjacent to any other area which would be adversely impacted by the residence, or future increased or decreased residence, of persons of a particular race, color, familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL AFFILIATION, <-- handicap or disability, or who are guide or support animal dependent within such neighborhood, community or area.

(d) In any way misrepresent or otherwise misadvertise within a neighborhood or community, whether or not in writing, that any housing accommodation or commercial property within such 20230HB0503PN1770 - 14 - neighborhood or community is available for inspection, sale, lease, sublease or other transfer, in any context where such misrepresentation or misadvertising would have the effect of fostering an impression or belief that there has been or will be an increase in real estate activity within such neighborhood or community due to the residence, or anticipated increased or decreased residence, of persons of a particular race, color, 20230HB0503PN0472 - 14 - familial status, marital status, family caregiver status, age, religious creed, ancestry, sex, national origin, POLITICAL <-- AFFILIATION, handicap or disability, or the use of a guide or support animal because of the blindness, deafness or physical handicap of the user.

The Commission may itself or it may empower these agencies and councils to (1) study the problems of discrimination in all or specific fields of human relationships when based on race, color, familial status, marital status, family caregiver status, religious creed, ancestry, age, sex, national originorigin, POLITICAL AFFILIATION or handicap or <-- disability, and (2) foster, through community effort or otherwise, good will among the groups and elements of the population of the State.

Advisory agencies and conciliation councils created by the Commission shall be composed of representative citizens, serving without pay, but 20230HB0503PN1770 - 15 - the Commission may make provision for technical and clerical assistance to such agencies and councils, and for the payment of the expenses of such assistance.

(j) To issue such publications and such results of investigations and research as, in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, color, familial status, marital status, family caregiver status, religious creed, ancestry, age, sex, national originorigin, POLITICAL AFFILIATION or handicap or disability.

20230HB0503PN0472<-- - 15 - (k) To submit an annual report for each fiscal year by the following March 31 to the General Assembly, the Labor and Industry Committee of the Senate and the State Government Committee of the House of Representatives and the Governor describing in detail the types of complaints received, the investigations, status of cases, Commission action which has been taken, how many were found to have probable cause, how many were resolved by public hearing and the length of time from the initial complaint to final Commission resolution.