HB 300 — An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for the title of the act, for findings and declaration of policy, for right to freedom from discrimination in employment, housing and public accommodation, for definitions, for unlawful discriminatory practices and for prohibition of certain real estate practices; providing for protection of religious exercise; and further providing for powers and duties of commission and for construction and exclusiveness of remedy.

PRIOR PRINTER'S NO.NOS.

894894, 1020 PRINTER'S NO.

10201135 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2023 No.

WILLIAMS, KHAN, BOROWSKI, HARRISHARRIS, AND YOUNG, APRILCEPHAS, 17,ABNEY, 2023GER,A. T.

DAVIS,BROWN, ISAACSON,GIRAL, ASSCHWEYER, REPORTEDSOLOMON, FROMBULLOCK, COMMITTEEBIZZARRO, ONFREEMAN, JUDICIARY,FRIEL, HOUSESAPPEY, OFSTEELE, REPRESENTATIVES,BOYLE, ASVITALI, AMENDED,BELLMON, APRILD. 24, 2023 AN ACT Amending the act of October 27, 1955 (P.L.744, No.222), entitled because of race, color, religious creed, ancestry, age or national origin by employers, employment agencies, labor organizations and others as herein defined;

MILLER, KOSIEROWSKI, GALLOWAY, SALISBURY, McCLINTON, KAZEEM AND CURRY, APRIL 17, 2023 AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 2, 2023 AN ACT Amending the act of October 27, 1955 (P.L.744, No.222), entitled "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;

providing for judicial review and enforcement and imposing penalties," further providing for the title of the act, for findings and declaration of policy, for right to freedom fromfromfindings and discrimination in employment, housing and public accommodation, for definitions, for unlawful discriminatory practices and for prohibition of certain real estateinatoryestate practices;

and further providing for powers and duties of commission, <-- for educational program and for construction and exclusiveness of remedy.

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 20230HB0300PN1135 - 2 - their fullest extent, deprives large segments of the population 20230HB0300PN1020 - 2 - 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, ancestry, age, sex, sexual orientation, gender identity or expression, 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 20230HB0300PN1135 - 3 - commercial property regardless of race, color, familial status, 20230HB0300PN1020 - 3 - religious creed, ancestry, age, sex, sexual orientation, gender identity or expression, 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.

* * * (b) The term "employer" includes the Commonwealth or any 20230HB0300PN1135 - 4 - political subdivision or board, department, commission or school 20230HB0300PN1020 - 4 - district thereof and any person employing four or more persons within the Commonwealth, but except as hereinafter provided, does not include religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations.

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 20230HB0300PN1135 - 5 - association or corporation, or except where based upon 20230HB0300PN1020 - 5 - applicable security regulations established by the United States or the Commonwealth of Pennsylvania:

The [provision] provisions 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 20230HB0300PN1135 - 6 - beliefs, practices, or observances of the corporation, or 20230HB0300PN1020 - 6 - association.

20230HB0300PN1135 - 7 - (3) Deny or limit, through a quota system, employment or 20230HB0300PN1020 - 7 - membership because of the actual or perceived race, color, religious creed, ancestry, age, sex, sexual orientation, gender identity or expression, 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.

(c) For any labor organization because of the actual or perceived race, color, religious creed, ancestry, age, sex, sexual orientation, gender identity or expression, 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, 20230HB0300PN1135 - 8 - conditions or privileges of employment or any other matter, 20230HB0300PN1020 - 8 - directly or indirectly, related to employment.

(1) Refuse to sell, lease, finance or otherwise to deny or withhold any housing accommodation or commercial property from any person because of the actual or perceived race, color, familial status, age, religious creed, ancestry, sex, sexual orientation, gender identity or expression, national origin or handicap or disability of any person, 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 20230HB0300PN1135 - 9 - support animal because of a physical handicap of the user or 20230HB0300PN1020 - 9 - 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.

(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 actual or perceived race, color, familial status, age, religious creed, ancestry, sex, sexual orientation, gender identity or expression, national origin, handicap or disability of any 20230HB0300PN1135 - 10 - person, the use of a guide or support animal because of the 20230HB0300PN1020 - 10 - 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, rehabilitation, repair or maintenance of housing accommodation or commercial property because of the actual or perceived race, color, familial status, age, religious creed, ancestry, sex, sexual orientation, gender identity or expression, national origin 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 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 20230HB0300PN1135 - 11 - known to have a relationship or association.

20230HB0300PN1020 - 11 - (5) Print, publish or circulate any statement or advertisement:

(6) Make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning race, color, familial status, age, religious creed, ancestry, sex, sexual orientation, gender identity or expression, national origin, 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 property or loan of any money, whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repair or maintenance 20230HB0300PN1135 - 12 - of any housing accommodation or commercial property, or to make 20230HB0300PN1020 - 12 - 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.

(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, religious creed, ancestry, national origin, sex, sexual orientation, gender identity or expression, 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 20230HB0300PN1135 - 13 - animals or familial status.

20230HB0300PN1020 - 13 - (9) Nothing in this clause, regarding age or familial status, shall apply with respect to housing for older persons.

[Nor shall it apply to the rental of rooms in a landlord-occupied rooming house with a common entrance, nor with respect to discrimination 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.] 20230HB0300PN1135 - 14 - (10.1) Except for rentals arranged through a booking agent, 20230HB0300PN1020 - 14 - nothing in this clause shall apply to the rental of rooms in a personal residence in which common living areas are shared or a landlord-occupied rooming house with a common entrance.

(1) Refuse, withhold from, or deny to any person because of [his] the actual or perceived race, color, sex, sexual orientation, gender identity or expression, religious creed, ancestry, national origin or handicap or disability, or to any person due to 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, either directly or indirectly, any of the accommodations, 20230HB0300PN1135 - 15 - advantages, facilities or privileges of such public 20230HB0300PN1020 - 15 - accommodation, resort or amusement.

* * * 20230HB0300PN1135 - 16 - Section 5.3.

Prohibition of Certain Real Estate Practices.-- 20230HB0300PN1020 - 16 - It shall be an unlawful discriminatory practice for any person to:

(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 20230HB0300PN1135 - 17 - impacted by the residence, or future increased or decreased 20230HB0300PN1020 - 17 - residence, of persons of a particular race, color, familial status, age, religious creed, ancestry, sex, sexual orientation, gender identity or expression, national origin, handicap or disability, or who are guide or support animal dependent within such neighborhood, community or area.

Protection of Religious Exercise.--(a) Nothing contained in this act, or in any ordinance, charter, law or regulation that is or has been adopted by any political subdivision in this Commonwealth in accordance with this act, shall be interpreted to require an individual or religious entity to engage in conduct that constitutes a substantial burden on the free exercise of religion WITHOUTwithout COMPELLINGcompelling <-- JUSTIFICATIONjustification under A COMPELLING INTEREST AND THROUGH THE LEAST <-- 20230HB0300PN1135 - 18 - RESTRICTIVE MEANS OF FURTHERING THE COMPELLING INTEREST CONSISTENT WITH THE PROVISIONS OF the act of December 9, 2002 (P.L.1701, No.214), known as the "Religious Freedom Protection Act." 20230HB0300PN1020 - 18 - (b) As used in this section, the term "religious entity" means a religiouschurch, orassociation denominationalof institutionchurches or organizationother <--religious order, body or ainstitution charitablewhich orqualifies educationalfor organizationexemption whichfrom istaxation operated,under supervisedsection 501(c)(3) or controlled(d) byof orthe inInternal connectionRevenue withCode aof religious1986 organization.(Public Law 99-514, 26 U.S.C.

CHURCH, ASSOCIATION OF CHURCHES OR OTHER RELIGIOUS <-- ORDER, BODY OR INSTITUTION WHICH QUALIFIES FOR EXEMPTION FROM TAXATION UNDER SECTION 501(C)(3) OR (D) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C.

Sections 7(i), (j) and (k) and 8 SECTION 7(I), <-- (J) AND (K) of the act are amended to read:

Advisory agencies and conciliation councils created by the Commission shall be composed of representative citizens, serving without pay, but the Commission may make provision for technical and clerical 20230HB0300PN1135 - 19 - assistance to such agencies and councils, and for the payment of 20230HB0300PN1020 - 19 - the expenses of such assistance.

Educational Program.--The Commission, in <-- cooperation with the Department of Education, is authorized to recommend a multicultural educational program, designed for the 20230HB0300PN1135 - 20 - students of the schools in this Commonwealth and for all other 20230HB0300PN1020 - 20 - residents thereof, with emphasis on foreign cultural and language studies, as well as on the basic shared precepts and principles of United States culture, in order to promote cultural understanding and appreciation and to further good will among all persons, without regard to race, color, familial status, religious creed, ancestry, age, sex, sexual orientation, gender identity or expression, national origin, handicap or disability.

In the event of a conflict between the interpretation of a provision of this act and the interpretation 20230HB0300PN1135 - 21 - of a similar provision contained in any municipal ordinance, the 20230HB0300PN1020 - 21 - interpretation of the provision in this act shall apply to such municipal ordinance.

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