HB 2103

PRIOR PRINTER'S NO. 2712  PRINTER'S NO.     3285
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2103
                                          Session of
                                            2025
INTRODUCED BY WAXMAN, KHAN, SANCHEZ, HOHENSTEIN, RIVERA, CEPEDA-
   FREYTIZ, DALEY, MADDEN, KINKEAD, SCOTT, WARREN, MADSEN AND
   GREEN, DECEMBER 16, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
   APRIL 27, 2026
                               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 unlawful discriminatory practices.
12    The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14    Section 1.    Section 5(h)(10) of the act of October 27, 1955
15 (P.L.744, No.222), known as the Pennsylvania Human Relations
16 Act, is amended to read:
17    Section 5.    Unlawful Discriminatory Practices.--It shall be
18 an unlawful discriminatory practice, unless based upon a bona
19 fide occupational qualification, or in the case of a fraternal
20 corporation or association, unless based upon membership in such
21 association or corporation, or except where based upon
1 applicable security regulations established by the United States
2 or the Commonwealth of Pennsylvania:
3    * * *
4    (h)    For any person to:
5    * * *
6    (10)    Nothing in this clause shall bar any religious or
7 denominational institution or organization or any charitable or
8 educational organization which is operated, supervised or
9 controlled by or in connection with a religious organization or
10 any bona fide private or fraternal organization from giving
11 preference to persons of the same religion or denomination or to
12 members of such private or fraternal organization or from making
13 such selection as is calculated by such organization to promote
14 the religious principles or the aims, purposes or fraternal
15 principles for which it is established or maintained. Nor shall
16 it apply to the rental of rooms in a landlord-occupied rooming
17 house with a common entrance, nor with respect to discrimination
18 based on sex, the advertising, rental or leasing of housing
19 accommodations in a single-sex dormitory or rooms in one's
20 personal residence in which common living areas are shared. As
21 used in this clause, the term "bona fide private or fraternal
22 organization" shall not include organizations that restrict
23 membership in the organization on account of race, color,
24 national origin or ancestry for the purpose or effect of denying
25 equal access to housing, employment or public accommodations.
26    * * *
27    Section 2. This act shall take effect in 60 days.
28 AMENDING THE ACT OF OCTOBER 27, 1955 (P.L.744, NO.222), ENTITLED <--
29    "AN ACT PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION
30    BECAUSE OF RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE OR
31    NATIONAL ORIGIN BY EMPLOYERS, EMPLOYMENT AGENCIES, LABOR
32    ORGANIZATIONS AND OTHERS AS HEREIN DEFINED; CREATING THE
33    PENNSYLVANIA HUMAN RELATIONS COMMISSION IN THE GOVERNOR'S
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1    OFFICE; DEFINING ITS FUNCTIONS, POWERS AND DUTIES; PROVIDING
2    FOR PROCEDURE AND ENFORCEMENT; PROVIDING FOR FORMULATION OF
3    AN EDUCATIONAL PROGRAM TO PREVENT PREJUDICE; PROVIDING FOR
4    JUDICIAL REVIEW AND ENFORCEMENT AND IMPOSING PENALTIES,"
5    FURTHER PROVIDING FOR THE TITLE OF THE ACT, FOR FINDINGS AND
6    DECLARATION OF POLICY, FOR RIGHT TO FREEDOM FROM
7    DISCRIMINATION IN EMPLOYMENT, HOUSING AND PUBLIC
8    ACCOMMODATION, FOR DEFINITIONS, FOR UNLAWFUL DISCRIMINATORY
9    PRACTICES AND FOR PROHIBITION OF CERTAIN REAL ESTATE
10    PRACTICES; PROVIDING FOR PROTECTION OF RELIGIOUS EXERCISE;
11    AND FURTHER PROVIDING FOR POWERS AND DUTIES OF THE COMMISSION
12    AND FOR CONSTRUCTION AND EXCLUSIVENESS OF REMEDY.
13    THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
14 HEREBY ENACTS AS FOLLOWS:
15    SECTION 1.   THE TITLE AND SECTIONS 2 AND 3 OF THE ACT OF
16 OCTOBER 27, 1955 (P.L.744, NO.222), KNOWN AS THE PENNSYLVANIA
17 HUMAN RELATIONS ACT, ARE AMENDED TO READ:
18AN ACT
19 PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION BECAUSE OF RACE,
20    COLOR, RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL ORIENTATION,
21    GENDER IDENTITY OR EXPRESSION, AGE OR NATIONAL ORIGIN BY
22    EMPLOYERS, EMPLOYMENT AGENCIES, LABOR ORGANIZATIONS AND
23    OTHERS AS HEREIN DEFINED; CREATING THE PENNSYLVANIA HUMAN
24    RELATIONS COMMISSION IN THE GOVERNOR'S OFFICE; DEFINING ITS
25    FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR PROCEDURE AND
26    ENFORCEMENT; PROVIDING FOR FORMULATION OF AN EDUCATIONAL
27    PROGRAM TO PREVENT PREJUDICE; PROVIDING FOR JUDICIAL REVIEW
28    AND ENFORCEMENT AND IMPOSING PENALTIES.
29    SECTION 2.   FINDINGS AND DECLARATION OF POLICY.--
30    (A)   THE PRACTICE OR POLICY OF DISCRIMINATION AGAINST
31 INDIVIDUALS OR GROUPS BY REASON OF THEIR RACE, COLOR, FAMILIAL
32 STATUS, RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION,
33 GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR
34 DISABILITY, USE OF GUIDE OR SUPPORT ANIMALS BECAUSE OF THE
35 BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE
36 THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS IS
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1 A MATTER OF CONCERN OF THE COMMONWEALTH. SUCH DISCRIMINATION
2 FOMENTS DOMESTIC STRIFE AND UNREST, THREATENS THE RIGHTS AND
3 PRIVILEGES OF THE INHABITANTS OF THE COMMONWEALTH, AND
4 UNDERMINES THE FOUNDATIONS OF A FREE DEMOCRATIC STATE. THE
5 DENIAL OF EQUAL EMPLOYMENT, HOUSING AND PUBLIC ACCOMMODATION
6 OPPORTUNITIES BECAUSE OF SUCH DISCRIMINATION, AND THE CONSEQUENT
7 FAILURE TO UTILIZE THE PRODUCTIVE CAPACITIES OF INDIVIDUALS TO
8 THEIR FULLEST EXTENT, DEPRIVES LARGE SEGMENTS OF THE POPULATION
9 OF THE COMMONWEALTH OF EARNINGS NECESSARY TO MAINTAIN DECENT
10 STANDARDS OF LIVING, NECESSITATES THEIR RESORT TO PUBLIC RELIEF
11 AND INTENSIFIES GROUP CONFLICTS, THEREBY RESULTING IN GRAVE
12 INJURY TO THE PUBLIC HEALTH AND WELFARE, COMPELS MANY
13 INDIVIDUALS TO LIVE IN DWELLINGS WHICH ARE SUBSTANDARD,
14 UNHEALTHFUL AND OVERCROWDED, RESULTING IN RACIAL SEGREGATION IN
15 PUBLIC SCHOOLS AND OTHER COMMUNITY FACILITIES, JUVENILE
16 DELINQUENCY AND OTHER EVILS, THEREBY THREATENING THE PEACE,
17 HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMONWEALTH AND ITS
18 INHABITANTS. PUBLIC POLICIES, REFLECTING AN OPEN AND WELCOMING
19 ENVIRONMENT AND ENSURING EQUAL OPPORTUNITY, FOSTER ECONOMIC
20 GROWTH AND PROSPERITY WHICH BENEFIT THE INHABITANTS OF THIS
21 COMMONWEALTH. CONVERSELY, THE ABSENCE OF NONDISCRIMINATION
22 PROTECTIONS HINDERS EFFORTS TO RECRUIT AND RETAIN THE DIVERSITY
23 OF TALENTED INDIVIDUALS AND SUCCESSFUL ENTERPRISES REQUIRED FOR
24 A THRIVING ECONOMY AND STRONG PUBLIC SECTOR ON WHICH THE
25 INHABITANTS OF THIS COMMONWEALTH DEPEND.
26    (B)   IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THIS
27 COMMONWEALTH TO FOSTER THE EMPLOYMENT OF ALL INDIVIDUALS IN
28 ACCORDANCE WITH THEIR FULLEST CAPACITIES REGARDLESS OF THEIR
29 RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL
30 ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN,
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1 HANDICAP OR DISABILITY, USE OF GUIDE OR SUPPORT ANIMALS BECAUSE
2 OF THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR
3 BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE
4 ANIMALS, AND TO SAFEGUARD THEIR RIGHT TO OBTAIN AND HOLD
5 EMPLOYMENT WITHOUT SUCH DISCRIMINATION, TO ASSURE EQUAL
6 OPPORTUNITIES TO ALL INDIVIDUALS AND TO SAFEGUARD THEIR RIGHTS
7 TO PUBLIC ACCOMMODATION AND TO SECURE HOUSING ACCOMMODATION AND
8 COMMERCIAL PROPERTY REGARDLESS OF RACE, COLOR, FAMILIAL STATUS,
9 RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER
10 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR DISABILITY,
11 USE OF GUIDE OR SUPPORT ANIMALS BECAUSE OF BLINDNESS OR DEAFNESS
12 OF THE USER OR BECAUSE THE USER IS A HANDLER OR TRAINER OF GUIDE
13 OR SUPPORT ANIMALS.
14    (C)   THIS ACT SHALL BE DEEMED AN EXERCISE OF THE POLICE POWER
15 OF THE COMMONWEALTH FOR THE PROTECTION OF THE PUBLIC WELFARE,
16 PROSPERITY, HEALTH AND PEACE OF THE PEOPLE OF THE COMMONWEALTH
17 OF PENNSYLVANIA.
18    SECTION 3.   RIGHT TO FREEDOM FROM DISCRIMINATION IN
19 EMPLOYMENT, HOUSING AND PUBLIC ACCOMMODATION.--THE OPPORTUNITY
20 FOR AN INDIVIDUAL TO OBTAIN EMPLOYMENT FOR WHICH HE IS
21 QUALIFIED, AND TO OBTAIN ALL THE ACCOMMODATIONS, ADVANTAGES,
22 FACILITIES AND PRIVILEGES OF ANY PUBLIC ACCOMMODATION AND OF ANY
23 HOUSING ACCOMMODATION AND COMMERCIAL PROPERTY WITHOUT
24 DISCRIMINATION BECAUSE OF RACE, COLOR, FAMILIAL STATUS,
25 RELIGIOUS CREED, ANCESTRY, HANDICAP OR DISABILITY, AGE, SEX,
26 SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL
27 ORIGIN, THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE
28 BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE
29 THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS IS
30 HEREBY RECOGNIZED AS AND DECLARED TO BE A CIVIL RIGHT WHICH
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1 SHALL BE ENFORCEABLE AS SET FORTH IN THIS ACT.
2    SECTION 2.    SECTION 4(B) OF THE ACT IS AMENDED AND THE
3 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
4    SECTION 4.    DEFINITIONS.--AS USED IN THIS ACT UNLESS A
5 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
6    * * *
7    (B)    THE TERM "EMPLOYER" INCLUDES THE COMMONWEALTH OR ANY
8 POLITICAL SUBDIVISION OR BOARD, DEPARTMENT, COMMISSION OR SCHOOL
9 DISTRICT THEREOF AND ANY PERSON EMPLOYING FOUR OR MORE PERSONS
10 WITHIN THE COMMONWEALTH, BUT EXCEPT AS HEREINAFTER PROVIDED,
11 DOES NOT INCLUDE RELIGIOUS, FRATERNAL, CHARITABLE OR SECTARIAN
12 CORPORATIONS OR ASSOCIATIONS, EXCEPT SUCH CORPORATIONS OR
13 ASSOCIATIONS SUPPORTED, IN WHOLE OR IN PART, BY GOVERNMENTAL
14 APPROPRIATIONS. THE TERM "EMPLOYER" WITH RESPECT TO
15 DISCRIMINATORY PRACTICES BASED ON RACE, COLOR, AGE, SEX, SEXUAL
16 ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN OR
17 NON-JOB RELATED HANDICAP OR DISABILITY, INCLUDES RELIGIOUS,
18 FRATERNAL, CHARITABLE AND SECTARIAN CORPORATIONS AND
19 ASSOCIATIONS EMPLOYING FOUR OR MORE PERSONS WITHIN THE
20 COMMONWEALTH.
21    * * *
22    (EE)    THE TERM "SEXUAL ORIENTATION" MEANS AN INDIVIDUAL'S
23 PHYSICAL, ROMANTIC OR EMOTIONAL ATTRACTION TO INDIVIDUALS OF THE
24 SAME OR DIFFERENT GENDER.
25    (FF)    THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS AN
26 INDIVIDUAL'S GENDER-RELATED IDENTITY, APPEARANCE, MANNERISMS,
27 EXPRESSION OR OTHER GENDER-RELATED CHARACTERISTICS, REGARDLESS
28 OF THE INDIVIDUAL'S DESIGNATED OR PERCEIVED SEX.
29    (GG)    THE TERM "BOOKING AGENT" MEANS THE SAME AS THE TERM
30 "BOOKING AGENT" UNDER SECTION 209(A)(1.2) OF THE ACT OF MARCH 4,
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1 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF 1971."
2    SECTION 3.   SECTIONS 5(A), (B), (C), (F), (G), (H) AND (I)
3 AND 5.3 OF THE ACT ARE AMENDED TO READ:
4    SECTION 5.   UNLAWFUL DISCRIMINATORY PRACTICES.--IT SHALL BE
5 AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS BASED UPON A BONA
6 FIDE OCCUPATIONAL QUALIFICATION, OR IN THE CASE OF A FRATERNAL
7 CORPORATION OR ASSOCIATION, UNLESS BASED UPON MEMBERSHIP IN SUCH
8 ASSOCIATION OR CORPORATION, OR EXCEPT WHERE BASED UPON
9 APPLICABLE SECURITY REGULATIONS ESTABLISHED BY THE UNITED STATES
10 OR THE COMMONWEALTH OF PENNSYLVANIA:
11    (A)   FOR ANY EMPLOYER BECAUSE OF THE ACTUAL OR PERCEIVED
12 RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL
13 ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN OR
14 NON-JOB RELATED HANDICAP OR DISABILITY OR THE USE OF A GUIDE OR
15 SUPPORT ANIMAL BECAUSE OF THE BLINDNESS, DEAFNESS OR PHYSICAL
16 HANDICAP OF ANY INDIVIDUAL OR INDEPENDENT CONTRACTOR, TO REFUSE
17 TO HIRE OR EMPLOY OR CONTRACT WITH, OR TO BAR OR TO DISCHARGE
18 FROM EMPLOYMENT SUCH INDIVIDUAL OR INDEPENDENT CONTRACTOR, OR TO
19 OTHERWISE DISCRIMINATE AGAINST SUCH INDIVIDUAL OR INDEPENDENT
20 CONTRACTOR WITH RESPECT TO COMPENSATION, HIRE, TENURE, TERMS,
21 CONDITIONS OR PRIVILEGES OF EMPLOYMENT OR CONTRACT, IF THE
22 INDIVIDUAL OR INDEPENDENT CONTRACTOR IS THE BEST ABLE AND MOST
23 COMPETENT TO PERFORM THE SERVICES REQUIRED. THE [PROVISION]
24 PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY, TO (1) OPERATION
25 OF THE TERMS OR CONDITIONS OF ANY BONA FIDE RETIREMENT OR
26 PENSION PLAN WHICH HAVE THE EFFECT OF A MINIMUM SERVICE
27 REQUIREMENT, (2) OPERATION OF THE TERMS OR CONDITIONS OF ANY
28 BONA FIDE GROUP OR EMPLOYE INSURANCE PLAN, (3) AGE LIMITATIONS
29 PLACED UPON ENTRY INTO BONA FIDE APPRENTICESHIP PROGRAMS OF TWO
30 YEARS OR MORE APPROVED BY THE STATE APPRENTICESHIP AND TRAINING
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1 COUNCIL OF THE DEPARTMENT OF LABOR AND INDUSTRY, ESTABLISHED BY
2 THE ACT OF JULY 14, 1961 (P.L.604, NO.304), KNOWN AS "THE
3 APPRENTICESHIP AND TRAINING ACT." NOTWITHSTANDING ANY PROVISION
4 OF THIS CLAUSE, IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE
5 FOR A RELIGIOUS CORPORATION OR ASSOCIATION TO HIRE OR EMPLOY ON
6 THE BASIS OF SEX IN THOSE CERTAIN INSTANCES WHERE SEX IS A BONA
7 FIDE OCCUPATIONAL QUALIFICATION BECAUSE OF THE RELIGIOUS
8 BELIEFS, PRACTICES, OR OBSERVANCES OF THE CORPORATION, OR
9 ASSOCIATION. IT IS NOT AN UNLAWFUL DISCRIMINATORY PRACTICE BASED
10 ON THE ACTUAL OR PERCEIVED RACE, COLOR, RELIGIOUS CREED,
11 ANCESTRY, AGE, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION
12 OR NATIONAL ORIGIN UNDER THIS ACT TO FAIL OR REFUSE TO CONSTRUCT
13 NEW OR ADDITIONAL FACILITIES.
14    (B)   FOR ANY EMPLOYER, EMPLOYMENT AGENCY OR LABOR
15 ORGANIZATION, PRIOR TO THE EMPLOYMENT, CONTRACTING WITH AN
16 INDEPENDENT CONTRACTOR OR ADMISSION TO MEMBERSHIP, TO:
17    (1)   ELICIT ANY INFORMATION OR MAKE OR KEEP A RECORD OF OR
18 USE ANY FORM OF APPLICATION OR APPLICATION BLANK CONTAINING
19 QUESTIONS OR ENTRIES CONCERNING THE RACE, COLOR, RELIGIOUS
20 CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY
21 OR EXPRESSION, NATIONAL ORIGIN, PAST HANDICAP OR DISABILITY OR
22 THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS,
23 DEAFNESS OR PHYSICAL HANDICAP OF ANY APPLICANT FOR EMPLOYMENT OR
24 MEMBERSHIP. PRIOR TO AN OFFER OF EMPLOYMENT, AN EMPLOYER MAY NOT
25 INQUIRE AS TO WHETHER AN INDIVIDUAL HAS A HANDICAP OR DISABILITY
26 OR AS TO THE SEVERITY OF SUCH HANDICAP OR DISABILITY. AN
27 EMPLOYER MAY INQUIRE AS TO THE INDIVIDUAL'S ABILITY TO PERFORM
28 THE ESSENTIAL FUNCTIONS OF THE EMPLOYMENT.
29    (2)   PRINT OR PUBLISH OR CAUSE TO BE PRINTED OR PUBLISHED ANY
30 NOTICE OR ADVERTISEMENT RELATING TO EMPLOYMENT OR MEMBERSHIP
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1 INDICATING ANY PREFERENCE, LIMITATION, SPECIFICATION OR
2 DISCRIMINATION BASED UPON RACE, COLOR, RELIGIOUS CREED,
3 ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR
4 EXPRESSION, NATIONAL ORIGIN, NON-JOB RELATED 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.
7    (3)   DENY OR LIMIT, THROUGH A QUOTA SYSTEM, EMPLOYMENT OR
8 MEMBERSHIP BECAUSE OF THE ACTUAL OR PERCEIVED RACE, COLOR,
9 RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER
10 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, NON-JOB RELATED
11 HANDICAP OR DISABILITY, THE USE OF A GUIDE OR SUPPORT ANIMAL
12 BECAUSE OF THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE
13 USER OR PLACE OF BIRTH.
14    (4)   SUBSTANTIALLY CONFINE OR LIMIT RECRUITMENT OR HIRING OF
15 INDIVIDUALS, WITH INTENT TO CIRCUMVENT THE SPIRIT AND PURPOSE OF
16 THIS ACT, TO ANY EMPLOYMENT AGENCY, EMPLOYMENT SERVICE, LABOR
17 ORGANIZATION, TRAINING SCHOOL OR TRAINING CENTER OR ANY OTHER
18 EMPLOYE-REFERRING SOURCE WHICH SERVICES INDIVIDUALS WHO ARE
19 PREDOMINANTLY OF THE SAME RACE, COLOR, RELIGIOUS CREED,
20 ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR
21 EXPRESSION, NATIONAL ORIGIN OR NON-JOB RELATED HANDICAP OR
22 DISABILITY.
23    (5)   DENY EMPLOYMENT BECAUSE OF A PRIOR HANDICAP OR
24 DISABILITY.
25    NOTHING IN CLAUSE (B) OF THIS SECTION SHALL BAR ANY
26 INSTITUTION OR ORGANIZATION FOR HANDICAPPED OR DISABLED PERSONS
27 FROM LIMITING OR GIVING PREFERENCE IN EMPLOYMENT OR MEMBERSHIP
28 TO HANDICAPPED OR DISABLED PERSONS.
29    (C)   FOR ANY LABOR ORGANIZATION BECAUSE OF THE ACTUAL OR
30 PERCEIVED RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE, SEX,
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1 SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL
2 ORIGIN, NON-JOB RELATED HANDICAP OR DISABILITY OR THE USE OF A
3 GUIDE OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS, DEAFNESS OR
4 PHYSICAL HANDICAP OF ANY INDIVIDUAL TO DENY FULL AND EQUAL
5 MEMBERSHIP RIGHTS TO ANY INDIVIDUAL OR OTHERWISE TO DISCRIMINATE
6 AGAINST SUCH INDIVIDUALS WITH RESPECT TO HIRE, TENURE, TERMS,
7 CONDITIONS OR PRIVILEGES OF EMPLOYMENT OR ANY OTHER MATTER,
8 DIRECTLY OR INDIRECTLY, RELATED TO EMPLOYMENT.
9    * * *
10    (F)   FOR ANY EMPLOYMENT AGENCY TO FAIL OR REFUSE TO CLASSIFY
11 PROPERLY, REFER FOR EMPLOYMENT OR OTHERWISE TO DISCRIMINATE
12 AGAINST ANY INDIVIDUAL BECAUSE OF [HIS] THE ACTUAL OR PERCEIVED
13 RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL
14 ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN,
15 NON-JOB RELATED HANDICAP OR DISABILITY OR THE USE OF A GUIDE OR
16 SUPPORT ANIMAL BECAUSE OF THE BLINDNESS, DEAFNESS OR PHYSICAL
17 HANDICAP OF THE USER.
18    (G)   FOR ANY INDIVIDUAL SEEKING EMPLOYMENT TO PUBLISH OR
19 CAUSE TO BE PUBLISHED ANY ADVERTISEMENT WHICH IN ANY MANNER
20 EXPRESSES A LIMITATION OR PREFERENCE AS TO THE RACE, COLOR,
21 RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER
22 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, NON-JOB RELATED
23 HANDICAP OR DISABILITY OR THE USE OF A GUIDE OR SUPPORT ANIMAL
24 BECAUSE OF THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF ANY
25 PROSPECTIVE EMPLOYER.
26    (H)   FOR ANY PERSON TO:
27    (1)   REFUSE TO SELL, LEASE, FINANCE OR OTHERWISE TO DENY OR
28 WITHHOLD ANY HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY FROM
29 ANY PERSON BECAUSE OF THE ACTUAL OR PERCEIVED RACE, COLOR,
30 FAMILIAL STATUS, AGE, RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL
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1 ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN OR
2 HANDICAP OR DISABILITY OF ANY PERSON, PROSPECTIVE OWNER,
3 OCCUPANT OR USER OF SUCH HOUSING ACCOMMODATION OR COMMERCIAL
4 PROPERTY, OR TO REFUSE TO LEASE ANY HOUSING ACCOMMODATION OR
5 COMMERCIAL PROPERTY TO ANY PERSON DUE TO USE OF A GUIDE ANIMAL
6 BECAUSE OF THE BLINDNESS OR DEAFNESS OF THE USER, USE OF A
7 SUPPORT ANIMAL BECAUSE OF A PHYSICAL HANDICAP OF THE USER OR
8 BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE
9 ANIMALS OR BECAUSE OF THE HANDICAP OR DISABILITY OF AN
10 INDIVIDUAL WITH WHOM THE PERSON IS KNOWN TO HAVE A RELATIONSHIP
11 OR ASSOCIATION.
12    (1.1)   EVICT OR ATTEMPT TO EVICT AN OCCUPANT OF ANY HOUSING
13 ACCOMMODATION BEFORE THE END OF THE TERM OF A LEASE BECAUSE OF
14 PREGNANCY OR THE BIRTH OF A CHILD.
15    (2)   REFUSE TO LEND MONEY, WHETHER OR NOT SECURED BY MORTGAGE
16 OR OTHERWISE FOR THE ACQUISITION, CONSTRUCTION, REHABILITATION,
17 REPAIR OR MAINTENANCE OF ANY HOUSING ACCOMMODATION OR COMMERCIAL
18 PROPERTY OR OTHERWISE WITHHOLD FINANCING OF ANY HOUSING
19 ACCOMMODATION OR COMMERCIAL PROPERTY FROM ANY PERSON BECAUSE OF
20 THE ACTUAL OR PERCEIVED RACE, COLOR, FAMILIAL STATUS, AGE,
21 RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL ORIENTATION, GENDER
22 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR DISABILITY
23 OF ANY PERSON, THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF
24 THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR
25 BECAUSE THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE
26 ANIMALS OR BECAUSE OF THE HANDICAP OR DISABILITY OF AN
27 INDIVIDUAL WITH WHOM THE PERSON IS KNOWN TO HAVE A RELATIONSHIP
28 OR ASSOCIATION.
29    (3)   DISCRIMINATE AGAINST ANY PERSON IN THE TERMS OR
30 CONDITIONS OF SELLING OR LEASING ANY HOUSING ACCOMMODATION OR
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1 COMMERCIAL PROPERTY OR IN FURNISHING FACILITIES, SERVICES OR
2 PRIVILEGES IN CONNECTION WITH THE OWNERSHIP, OCCUPANCY OR USE OF
3 ANY HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY BECAUSE OF THE
4 ACTUAL OR PERCEIVED RACE, COLOR, FAMILIAL STATUS, AGE, RELIGIOUS
5 CREED, ANCESTRY, SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR
6 EXPRESSION, NATIONAL ORIGIN, HANDICAP OR DISABILITY OF ANY
7 PERSON, THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE
8 BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE
9 THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS OR
10 BECAUSE OF THE HANDICAP OR DISABILITY OF AN INDIVIDUAL WITH WHOM
11 THE PERSON IS KNOWN TO HAVE A RELATIONSHIP OR ASSOCIATION.
12    (3.1)   REFUSE TO PERMIT, AT THE EXPENSE OF A PERSON WITH A
13 HANDICAP, REASONABLE MODIFICATIONS OF EXISTING PREMISES OCCUPIED
14 OR TO BE OCCUPIED BY SUCH PERSON IF SUCH MODIFICATIONS MAY BE
15 NECESSARY TO AFFORD SUCH PERSON FULL ENJOYMENT OF THE PREMISES,
16 EXCEPT THAT, IN THE CASE OF A RENTAL, THE LANDLORD MAY, WHERE IT
17 IS REASONABLE TO DO SO, GRANT PERMISSION FOR A MODIFICATION IF
18 THE RENTER AGREES TO RESTORE THE INTERIOR OF THE PREMISES TO THE
19 CONDITION THAT EXISTED BEFORE THE MODIFICATION, WITH REASONABLE
20 WEAR AND TEAR EXCEPTED.
21    (3.2)   REFUSE TO MAKE REASONABLE ACCOMMODATIONS IN RULES,
22 POLICIES, PRACTICES OR SERVICES WHEN SUCH ACCOMMODATIONS MAY BE
23 NECESSARY TO AFFORD SUCH PERSON EQUAL OPPORTUNITY TO USE AND
24 ENJOY A HOUSING ACCOMMODATION.
25    (4)   DISCRIMINATE AGAINST ANY PERSON IN THE TERMS OR
26 CONDITIONS OF ANY LOAN OF MONEY, WHETHER OR NOT SECURED BY
27 MORTGAGE OR OTHERWISE FOR THE ACQUISITION, CONSTRUCTION,
28 REHABILITATION, REPAIR OR MAINTENANCE OF HOUSING ACCOMMODATION
29 OR COMMERCIAL PROPERTY BECAUSE OF THE ACTUAL OR PERCEIVED RACE,
30 COLOR, FAMILIAL STATUS, AGE, RELIGIOUS CREED, ANCESTRY, SEX,
20250HB2103PN3285  - 12 -
1 SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL
2 ORIGIN OR HANDICAP OR DISABILITY OF ANY PERSON, THE USE OF A
3 GUIDE OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS, DEAFNESS OR
4 PHYSICAL HANDICAP OF THE USER OR BECAUSE THE USER IS A HANDLER
5 OR TRAINER OF GUIDE OR SUPPORT ANIMALS OR BECAUSE OF THE
6 HANDICAP OR DISABILITY OF AN INDIVIDUAL WITH WHOM THE PERSON IS
7 KNOWN TO HAVE A RELATIONSHIP OR ASSOCIATION.
8    (5)   PRINT, PUBLISH OR CIRCULATE ANY STATEMENT OR
9 ADVERTISEMENT: (I) RELATING TO THE SALE, LEASE OR ACQUISITION OF
10 ANY HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY OR THE LOAN OF
11 MONEY, WHETHER OR NOT SECURED BY MORTGAGE, OR OTHERWISE FOR THE
12 ACQUISITION, CONSTRUCTION, REHABILITATION, REPAIR OR MAINTENANCE
13 OF ANY HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY WHICH
14 INDICATES ANY PREFERENCE, LIMITATION, SPECIFICATION, OR
15 DISCRIMINATION BASED UPON RACE, COLOR, FAMILIAL STATUS, AGE,
16 RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL ORIENTATION, GENDER
17 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR DISABILITY
18 OR BECAUSE OF THE HANDICAP OR DISABILITY OF AN INDIVIDUAL WITH
19 WHOM THE PERSON IS KNOWN TO HAVE A RELATIONSHIP OR ASSOCIATION,
20 OR (II) RELATING TO THE SALE, LEASE OR ACQUISITION OF ANY
21 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY WHICH INDICATES ANY
22 PREFERENCE, LIMITATION, SPECIFICATION OR DISCRIMINATION BASED
23 UPON USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS,
24 DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE THE USER IS
25 A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS.
26    (6)   MAKE ANY INQUIRY, ELICIT ANY INFORMATION, MAKE OR KEEP
27 ANY RECORD OR USE ANY FORM OF APPLICATION, CONTAINING QUESTIONS
28 OR ENTRIES CONCERNING RACE, COLOR, FAMILIAL STATUS, AGE,
29 RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL ORIENTATION, GENDER
30 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR DISABILITY
20250HB2103PN3285  - 13 -
1 OR BECAUSE OF THE HANDICAP OR DISABILITY OF AN INDIVIDUAL WITH
2 WHOM THE PERSON IS KNOWN TO HAVE A RELATIONSHIP OR ASSOCIATION
3 IN CONNECTION WITH THE SALE OR LEASE OF ANY HOUSING
4 ACCOMMODATION OR COMMERCIAL PROPERTY OR LOAN OF ANY MONEY,
5 WHETHER OR NOT SECURED BY MORTGAGE OR OTHERWISE FOR THE
6 ACQUISITION, CONSTRUCTION, REHABILITATION, REPAIR OR MAINTENANCE
7 OF ANY HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY, OR TO MAKE
8 ANY INQUIRY, ELICIT ANY INFORMATION, MAKE OR KEEP ANY RECORD OR
9 USE ANY FORM OF APPLICATION, CONTAINING QUESTIONS OR ENTRIES
10 CONCERNING THE USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE
11 BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE
12 THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS, IN
13 CONNECTION WITH THE LEASE OF ANY HOUSING ACCOMMODATION OR
14 COMMERCIAL PROPERTY.
15    (7)    CONSTRUCT, OPERATE, OFFER FOR SALE, LEASE OR RENT OR
16 OTHERWISE MAKE AVAILABLE HOUSING OR COMMERCIAL PROPERTY WHICH IS
17 NOT ACCESSIBLE.
18    (8)    DISCRIMINATE IN REAL ESTATE-RELATED TRANSACTIONS, AS
19 DESCRIBED BY AND SUBJECT TO THE FOLLOWING:
20    (I)    IT SHALL BE UNLAWFUL FOR ANY PERSON OR OTHER ENTITY
21 WHOSE BUSINESS INCLUDES ENGAGING IN REAL ESTATE-RELATED
22 TRANSACTIONS TO DISCRIMINATE AGAINST ANY PERSON IN MAKING
23 AVAILABLE SUCH A TRANSACTION OR IN THE TERMS OR CONDITIONS OF
24 SUCH A TRANSACTION BECAUSE OF THE ACTUAL OR PERCEIVED RACE,
25 COLOR, RELIGIOUS CREED, ANCESTRY, NATIONAL ORIGIN, SEX, SEXUAL
26 ORIENTATION, GENDER IDENTITY OR EXPRESSION, AGE, HANDICAP OR
27 DISABILITY, USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF A
28 PHYSICAL HANDICAP OR BECAUSE THE USER IS A HANDLER OR TRAINER OF
29 GUIDE OR SUPPORT ANIMALS OR FAMILIAL STATUS.
30    (II)    NOTHING IN THIS ACT PROHIBITS A PERSON ENGAGED IN THE
20250HB2103PN3285  - 14 -
1 BUSINESS OF FURNISHING APPRAISALS OF REAL PROPERTY TO TAKE INTO
2 CONSIDERATION FACTORS OTHER THAN RACE, COLOR, RELIGIOUS CREED,
3 ANCESTRY, NATIONAL ORIGIN, SEX, SEXUAL ORIENTATION, GENDER
4 IDENTITY OR EXPRESSION, AGE, HANDICAP OR DISABILITY, USE OF A
5 GUIDE OR SUPPORT ANIMAL BECAUSE OF A PHYSICAL HANDICAP OR
6 BECAUSE THE USER IS A HANDLER OR TRAINER OF GUIDE OR SUPPORT
7 ANIMALS OR FAMILIAL STATUS.
8    (9)     NOTHING IN THIS CLAUSE, REGARDING AGE OR FAMILIAL
9 STATUS, SHALL APPLY WITH RESPECT TO HOUSING FOR OLDER PERSONS. A
10 PERSON SHALL NOT BE HELD PERSONALLY LIABLE FOR MONETARY DAMAGES
11 FOR A VIOLATION OF THIS ACT IF THE PERSON REASONABLY RELIED, IN
12 GOOD FAITH, ON THE APPLICATION OF THE EXEMPTION OF THIS
13 SUBCLAUSE. A PERSON MAY ONLY PROVE GOOD FAITH RELIANCE ON THE
14 APPLICATION OF THE EXEMPTION OF THIS SUBCLAUSE BY PROVING THAT
15 AT THE TIME OF THE ACT COMPLAINED OF ALL OF THE FOLLOWING
16 APPLIED:
17    (I)     THE PERSON HAD NO ACTUAL KNOWLEDGE THAT THE HOUSING WAS
18 NOT ELIGIBLE FOR EXEMPTION UNDER THIS SUBCLAUSE.
19    (II)    THE OWNER OR MANAGER OF THE HOUSING HAD STATED
20 FORMALLY, IN WRITING, THAT THE HOUSING COMPLIED WITH THE
21 REQUIREMENTS FOR EXEMPTION UNDER THIS SUBCLAUSE.
22    (10)    NOTHING IN THIS CLAUSE SHALL BAR ANY RELIGIOUS OR
23 DENOMINATIONAL INSTITUTION OR ORGANIZATION OR ANY CHARITABLE OR
24 EDUCATIONAL ORGANIZATION WHICH IS OPERATED, SUPERVISED OR
25 CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS ORGANIZATION OR
26 ANY BONA FIDE PRIVATE OR FRATERNAL ORGANIZATION FROM GIVING
27 PREFERENCE TO PERSONS OF THE SAME RELIGION OR DENOMINATION OR TO
28 MEMBERS OF SUCH PRIVATE OR FRATERNAL ORGANIZATION OR FROM MAKING
29 SUCH SELECTION AS IS CALCULATED BY SUCH ORGANIZATION TO PROMOTE
30 THE RELIGIOUS PRINCIPLES OR THE AIMS, PURPOSES OR FRATERNAL
20250HB2103PN3285  - 15 -
1 PRINCIPLES FOR WHICH IT IS ESTABLISHED OR MAINTAINED. [NOR SHALL
2 IT APPLY TO THE RENTAL OF ROOMS IN A LANDLORD-OCCUPIED ROOMING
3 HOUSE WITH A COMMON ENTRANCE, NOR WITH RESPECT TO DISCRIMINATION
4 BASED ON SEX, THE ADVERTISING, RENTAL OR LEASING OF HOUSING
5 ACCOMMODATIONS IN A SINGLE-SEX DORMITORY OR ROOMS IN ONE'S
6 PERSONAL RESIDENCE IN WHICH COMMON LIVING AREAS ARE SHARED.] AS
7 USED IN THIS CLAUSE, THE TERM "BONA FIDE PRIVATE OR FRATERNAL
8 ORGANIZATION" SHALL NOT INCLUDE ORGANIZATIONS THAT RESTRICT
9 MEMBERSHIP IN THE ORGANIZATION ON ACCOUNT OF RACE, COLOR,
10 NATIONAL ORIGIN OR ANCESTRY FOR THE PURPOSE OR EFFECT OF DENYING
11 EQUAL ACCESS TO HOUSING, EMPLOYMENT OR PUBLIC ACCOMMODATIONS.
12    (10.1)     EXCEPT FOR RENTALS ARRANGED THROUGH A BOOKING AGENT,
13 NOTHING IN THIS CLAUSE SHALL APPLY TO THE RENTAL OF ROOMS IN A
14 PERSONAL RESIDENCE IN WHICH COMMON LIVING AREAS ARE SHARED OR A
15 LANDLORD-OCCUPIED ROOMING HOUSE WITH A COMMON ENTRANCE.
16    (10.2)     NOTHING IN THIS CLAUSE SHALL APPLY TO, WITH RESPECT
17 TO DISCRIMINATION BASED ON SEX, THE ADVERTISING, RENTAL OR
18 LEASING OF HOUSING ACCOMMODATIONS IN A SINGLE-SEX DORMITORY OR
19 ROOMS IN ONE'S PERSONAL RESIDENCE IN WHICH COMMON LIVING AREAS
20 ARE SHARED.
21    (11)   NOTHING IN THIS ACT LIMITS THE APPLICABILITY OF THE
22 FAIR HOUSING ACT AND REASONABLE STATE OR LOCAL RESTRICTIONS ON
23 THE MAXIMUM NUMBER OF OCCUPANTS PERMITTED TO OCCUPY A DWELLING
24 OR A REASONABLE RESTRICTION RELATING TO HEALTH OR SAFETY
25 STANDARDS OR BUSINESS NECESSITY. OWNERS AND MANAGERS OF
26 DWELLINGS MAY DEVELOP AND IMPLEMENT REASONABLE OCCUPANCY AND
27 SAFETY STANDARDS BASED ON FACTORS SUCH AS THE NUMBER AND SIZE OF
28 SLEEPING AREAS OR BEDROOMS AND THE OVERALL SIZE OF A DWELLING
29 UNIT SO LONG AS THE STANDARDS DO NOT VIOLATE THE FAIR HOUSING
30 ACT OR STATE OR LOCAL RESTRICTIONS.
20250HB2103PN3285  - 16 -
1    (I)   FOR ANY PERSON BEING THE OWNER, LESSEE, PROPRIETOR,
2 MANAGER, SUPERINTENDENT, AGENT OR EMPLOYE OF ANY PUBLIC
3 ACCOMMODATION, RESORT OR AMUSEMENT TO:
4    (1)   REFUSE, WITHHOLD FROM, OR DENY TO ANY PERSON BECAUSE OF
5 [HIS] THE ACTUAL OR PERCEIVED RACE, COLOR, SEX, SEXUAL
6 ORIENTATION, GENDER IDENTITY OR EXPRESSION, RELIGIOUS CREED,
7 ANCESTRY, NATIONAL ORIGIN OR HANDICAP OR DISABILITY, OR TO ANY
8 PERSON DUE TO USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE
9 BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE
10 THE USER IS A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS,
11 EITHER DIRECTLY OR INDIRECTLY, ANY OF THE ACCOMMODATIONS,
12 ADVANTAGES, FACILITIES OR PRIVILEGES OF SUCH PUBLIC
13 ACCOMMODATION, RESORT OR AMUSEMENT.
14    (2)   PUBLISH, CIRCULATE, ISSUE, DISPLAY, POST OR MAIL, EITHER
15 DIRECTLY OR INDIRECTLY, ANY WRITTEN OR PRINTED COMMUNICATION,
16 NOTICE OR ADVERTISEMENT TO THE EFFECT THAT ANY OF THE
17 ACCOMMODATIONS, ADVANTAGES, FACILITIES AND PRIVILEGES OF ANY
18 SUCH PLACE SHALL BE REFUSED, WITHHELD FROM OR DENIED TO ANY
19 PERSON ON ACCOUNT OF RACE, COLOR, RELIGIOUS CREED, SEX, SEXUAL
20 ORIENTATION, GENDER IDENTITY OR EXPRESSION, ANCESTRY, NATIONAL
21 ORIGIN OR HANDICAP OR DISABILITY, OR TO ANY PERSON DUE TO USE OF
22 A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS, DEAFNESS OR
23 PHYSICAL HANDICAP OF THE USER, OR BECAUSE THE USER IS A HANDLER
24 OR TRAINER OF SUPPORT OR GUIDE ANIMALS, OR THAT THE PATRONAGE OR
25 CUSTOM THEREAT OF ANY PERSON[, BELONGING TO OR PURPORTING TO BE
26 OF ANY PARTICULAR] BECAUSE OF RACE, COLOR, RELIGIOUS CREED, SEX,
27 SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, ANCESTRY,
28 NATIONAL ORIGIN OR HANDICAP OR DISABILITY, OR TO ANY PERSON DUE
29 TO USE OF A GUIDE OR SUPPORT ANIMAL BECAUSE OF THE BLINDNESS,
30 DEAFNESS OR PHYSICAL HANDICAP OF THE USER OR BECAUSE THE USER IS
20250HB2103PN3285  - 17 -
1 A HANDLER OR TRAINER OF SUPPORT OR GUIDE ANIMALS, IS UNWELCOME,
2 OBJECTIONABLE OR NOT ACCEPTABLE, DESIRED OR SOLICITED.
3(3)   EXCLUDE OR OTHERWISE DENY EQUAL GOODS, SERVICES,
4 FACILITIES, PRIVILEGES, ADVANTAGES, ACCOMMODATIONS OR OTHER
5 OPPORTUNITIES TO A PERSON BECAUSE OF THE HANDICAP OR DISABILITY
6 OF AN INDIVIDUAL WITH WHOM THE PERSON IS KNOWN TO HAVE A
7 RELATIONSHIP OR ASSOCIATION.
8(4)   CONSTRUCT, OPERATE OR OTHERWISE MAKE AVAILABLE SUCH
9 PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT WHICH IS NOT
10 ACCESSIBLE.
11* * *
12SECTION 5.3.   PROHIBITION OF CERTAIN REAL ESTATE PRACTICES.--
13 IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
14 TO:
15(A)   INDUCE, SOLICIT OR ATTEMPT TO INDUCE OR SOLICIT FOR
16 COMMERCIAL PROFIT ANY LISTING, SALE OR TRANSACTION INVOLVING ANY
17 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY BY REPRESENTING
18 THAT SUCH HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY IS WITHIN
19 ANY NEIGHBORHOOD, COMMUNITY OR AREA ADJACENT TO ANY OTHER AREA
20 IN WHICH THERE RESIDE, OR DO NOT RESIDE, PERSONS OF A PARTICULAR
21 RACE, COLOR, FAMILIAL STATUS, AGE, RELIGIOUS CREED, ANCESTRY,
22 SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL
23 ORIGIN, HANDICAP OR DISABILITY, OR WHO ARE GUIDE OR SUPPORT
24 ANIMAL DEPENDENT.
25(B)   DISCOURAGE, OR ATTEMPT TO DISCOURAGE, FOR COMMERCIAL
26 PROFIT, THE PURCHASE OR LEASE OF ANY HOUSING ACCOMMODATION OR
27 COMMERCIAL PROPERTY BY REPRESENTING THAT SUCH HOUSING
28 ACCOMMODATION OR COMMERCIAL PROPERTY IS WITHIN ANY NEIGHBORHOOD,
29 COMMUNITY OR AREA ADJACENT TO ANY OTHER AREA IN WHICH THERE
30 RESIDE, OR MAY IN THE FUTURE RESIDE IN INCREASED OR DECREASED
20250HB2103PN3285  - 18 -
1 NUMBERS, PERSONS OF A PARTICULAR RACE, COLOR, FAMILIAL STATUS,
2 AGE, RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL ORIENTATION, GENDER
3 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR DISABILITY,
4 OR WHO ARE GUIDE OR SUPPORT ANIMAL DEPENDENT.
5    (C)   MISREPRESENT, CREATE OR DISTORT A CIRCUMSTANCE,
6 CONDITION OR INCIDENT FOR THE PURPOSE OF FOSTERING THE
7 IMPRESSION OR BELIEF, ON THE PART OF ANY OWNER, OCCUPANT OR
8 PROSPECTIVE OWNER OR OCCUPANT OF ANY HOUSING ACCOMMODATION OR
9 COMMERCIAL PROPERTY, THAT SUCH HOUSING ACCOMMODATION OR
10 COMMERCIAL PROPERTY IS WITHIN ANY NEIGHBORHOOD, COMMUNITY OR
11 AREA ADJACENT TO ANY OTHER AREA WHICH WOULD BE ADVERSELY
12 IMPACTED BY THE RESIDENCE, OR FUTURE INCREASED OR DECREASED
13 RESIDENCE, OF PERSONS OF A PARTICULAR RACE, COLOR, FAMILIAL
14 STATUS, AGE, RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL ORIENTATION,
15 GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN, HANDICAP OR
16 DISABILITY, OR WHO ARE GUIDE OR SUPPORT ANIMAL DEPENDENT WITHIN
17 SUCH NEIGHBORHOOD, COMMUNITY OR AREA.
18    (D)   IN ANY WAY MISREPRESENT OR OTHERWISE MISADVERTISE WITHIN
19 A NEIGHBORHOOD OR COMMUNITY, WHETHER OR NOT IN WRITING, THAT ANY
20 HOUSING ACCOMMODATION OR COMMERCIAL PROPERTY WITHIN SUCH
21 NEIGHBORHOOD OR COMMUNITY IS AVAILABLE FOR INSPECTION, SALE,
22 LEASE, SUBLEASE OR OTHER TRANSFER, IN ANY CONTEXT WHERE SUCH
23 MISREPRESENTATION OR MISADVERTISING WOULD HAVE THE EFFECT OF
24 FOSTERING AN IMPRESSION OR BELIEF THAT THERE HAS BEEN OR WILL BE
25 AN INCREASE IN REAL ESTATE ACTIVITY WITHIN SUCH NEIGHBORHOOD OR
26 COMMUNITY DUE TO THE RESIDENCE, OR ANTICIPATED INCREASED OR
27 DECREASED RESIDENCE, OF PERSONS OF A PARTICULAR RACE, COLOR,
28 FAMILIAL STATUS, AGE, RELIGIOUS CREED, ANCESTRY, SEX, SEXUAL
29 ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN,
30 HANDICAP OR DISABILITY, OR THE USE OF A GUIDE OR SUPPORT ANIMAL
20250HB2103PN3285  - 19 -
1 BECAUSE OF THE BLINDNESS, DEAFNESS OR PHYSICAL HANDICAP OF THE
2 USER.
3    SECTION 4.     THE ACT IS AMENDED BY ADDING A SECTION TO READ:
4    SECTION 5.4.     PROTECTION OF RELIGIOUS EXERCISE.--(A)    NOTHING
5 CONTAINED IN THIS ACT, OR IN ANY ORDINANCE, CHARTER, LAW OR
6 REGULATION THAT IS OR HAS BEEN ADOPTED BY ANY POLITICAL
7 SUBDIVISION IN THIS COMMONWEALTH IN ACCORDANCE WITH THIS ACT,
8 SHALL BE INTERPRETED TO REQUIRE AN INDIVIDUAL OR RELIGIOUS
9 ENTITY TO ENGAGE IN CONDUCT THAT CONSTITUTES A SUBSTANTIAL
10 BURDEN ON THE FREE EXERCISE OF RELIGION WITHOUT A COMPELLING
11 INTEREST AND THROUGH THE LEAST RESTRICTIVE MEANS OF FURTHERING
12 THE COMPELLING INTEREST CONSISTENT WITH THE PROVISIONS OF THE
13 ACT OF DECEMBER 9, 2002 (P.L.1701, NO.214), KNOWN AS THE
14 "RELIGIOUS FREEDOM PROTECTION ACT."
15    (B)     AS USED IN THIS SECTION, THE TERM "RELIGIOUS ENTITY"
16 MEANS A CHURCH, ASSOCIATION OF CHURCHES OR OTHER RELIGIOUS
17 ORDER, BODY OR INSTITUTION WHICH QUALIFIES FOR EXEMPTION FROM
18 TAXATION UNDER 26 U.S.C. § 501(C)(3) OR (D) (RELATING TO
19 EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN TRUSTS, ETC.).
20    SECTION 5.     SECTION 7(I), (J) AND (K) OF THE ACT ARE AMENDED
21 TO READ:
22    SECTION 7.     POWERS AND DUTIES OF THE COMMISSION.--THE
23 COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
24    * * *
25    (I)     TO CREATE SUCH ADVISORY AGENCIES AND CONCILIATION
26 COUNCILS, LOCAL OR STATE-WIDE, AS WILL AID IN EFFECTUATING THE
27 PURPOSES OF THIS ACT. THE COMMISSION MAY ITSELF OR IT MAY
28 EMPOWER THESE AGENCIES AND COUNCILS TO (1) STUDY THE PROBLEMS OF
29 DISCRIMINATION IN ALL OR SPECIFIC FIELDS OF HUMAN RELATIONSHIPS
30 WHEN BASED ON THE ACTUAL OR PERCEIVED RACE, COLOR, FAMILIAL
20250HB2103PN3285  - 20 -
1 STATUS, RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION,
2 GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN OR HANDICAP OR
3 DISABILITY, AND (2) FOSTER, THROUGH COMMUNITY EFFORT OR
4 OTHERWISE, GOOD WILL AMONG THE GROUPS AND ELEMENTS OF THE
5 POPULATION OF THE STATE. SUCH AGENCIES AND COUNCILS MAY MAKE
6 RECOMMENDATIONS TO THE COMMISSION FOR THE DEVELOPMENT OF
7 POLICIES AND PROCEDURE IN GENERAL. ADVISORY AGENCIES AND
8 CONCILIATION COUNCILS CREATED BY THE COMMISSION SHALL BE
9 COMPOSED OF REPRESENTATIVE CITIZENS, SERVING WITHOUT PAY, BUT
10 THE COMMISSION MAY MAKE PROVISION FOR TECHNICAL AND CLERICAL
11 ASSISTANCE TO SUCH AGENCIES AND COUNCILS, AND FOR THE PAYMENT OF
12 THE EXPENSES OF SUCH ASSISTANCE.
13    (J)   TO ISSUE SUCH PUBLICATIONS AND SUCH RESULTS OF
14 INVESTIGATIONS AND RESEARCH AS, IN ITS JUDGMENT, WILL TEND TO
15 PROMOTE GOOD WILL AND MINIMIZE OR ELIMINATE DISCRIMINATION
16 BECAUSE OF THE ACTUAL OR PERCEIVED RACE, COLOR, FAMILIAL STATUS,
17 RELIGIOUS CREED, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER
18 IDENTITY OR EXPRESSION, NATIONAL ORIGIN OR HANDICAP OR
19 DISABILITY.
20    (K)   TO SUBMIT AN ANNUAL REPORT FOR EACH FISCAL YEAR BY THE
21 FOLLOWING MARCH 31 TO THE GENERAL ASSEMBLY, THE LABOR AND
22 INDUSTRY COMMITTEE OF THE SENATE AND THE STATE GOVERNMENT
23 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE GOVERNOR
24 DESCRIBING IN DETAIL THE TYPES OF COMPLAINTS RECEIVED, THE
25 INVESTIGATIONS, STATUS OF CASES, COMMISSION ACTION WHICH HAS
26 BEEN TAKEN, HOW MANY WERE FOUND TO HAVE PROBABLE CAUSE, HOW MANY
27 WERE RESOLVED BY PUBLIC HEARING AND THE LENGTH OF TIME FROM THE
28 INITIAL COMPLAINT TO FINAL COMMISSION RESOLUTION. IT SHALL ALSO
29 CONTAIN RECOMMENDATIONS FOR SUCH FURTHER LEGISLATION CONCERNING
30 ABUSES AND DISCRIMINATION BECAUSE OF THE ACTUAL OR PERCEIVED
20250HB2103PN3285  - 21 -
1 RACE, COLOR, FAMILIAL STATUS, RELIGIOUS CREED, ANCESTRY,
2 NATIONAL ORIGIN, AGE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY
3 OR EXPRESSION, HANDICAP OR DISABILITY OR THE USE OF A GUIDE OR
4 SUPPORT ANIMAL BECAUSE OF THE BLINDNESS, DEAFNESS OR PHYSICAL
5 HANDICAP OF THE USER OR BECAUSE THE USER IS A HANDLER OR TRAINER
6 OF SUPPORT OR GUIDE ANIMALS, AS MAY BE DESIRABLE.
7    * * *
8    SECTION 6.    SECTION 12(B) OF THE ACT IS AMENDED AND THE
9 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
10    SECTION 12.   CONSTRUCTION AND EXCLUSIVENESS OF REMEDY.--
11    * * *
12    (B)   EXCEPT AS PROVIDED IN SUBSECTION (C), NOTHING CONTAINED
13 IN THIS ACT SHALL BE DEEMED TO REPEAL OR SUPERSEDE ANY OF THE
14 PROVISIONS OF ANY EXISTING OR HEREAFTER ADOPTED MUNICIPAL
15 ORDINANCE, MUNICIPAL CHARTER OR OF ANY LAW OF THIS COMMONWEALTH
16 RELATING TO DISCRIMINATION BECAUSE OF THE ACTUAL OR PERCEIVED
17 RACE, COLOR, FAMILIAL STATUS, RELIGIOUS CREED, ANCESTRY, AGE,
18 SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL
19 ORIGIN OR HANDICAP OR DISABILITY, BUT AS TO ACTS DECLARED
20 UNLAWFUL BY SECTION FIVE OF THIS ACT THE PROCEDURE HEREIN
21 PROVIDED SHALL, WHEN INVOKED, BE EXCLUSIVE AND THE FINAL
22 DETERMINATION THEREIN SHALL EXCLUDE ANY OTHER ACTION, CIVIL OR
23 CRIMINAL, BASED ON THE SAME GRIEVANCE OF THE COMPLAINANT
24 CONCERNED. IF THE COMPLAINANT INSTITUTES ANY ACTION BASED ON
25 SUCH GRIEVANCE WITHOUT RESORTING TO THE PROCEDURE PROVIDED IN
26 THIS ACT, SUCH COMPLAINANT MAY NOT SUBSEQUENTLY RESORT TO THE
27 PROCEDURE HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE
28 INTERPRETATION OF A PROVISION OF THIS ACT AND THE INTERPRETATION
29 OF A SIMILAR PROVISION CONTAINED IN ANY MUNICIPAL ORDINANCE, THE
30 INTERPRETATION OF THE PROVISION IN THIS ACT SHALL APPLY TO SUCH
20250HB2103PN3285  - 22 -
1 MUNICIPAL ORDINANCE.
2    * * *
3    (G)   NOTHING IN THIS ACT SHALL PROHIBIT AN EMPLOYER FROM
4 REQUIRING AN EMPLOYE, DURING THE EMPLOYE'S HOURS AT WORK, TO
5 ADHERE TO REASONABLE DRESS OR GROOMING STANDARDS NOT PROHIBITED
6 BY OTHER PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, PROVIDED
7 THAT THE EMPLOYER PERMITS AN EMPLOYE TO ADHERE TO THE DRESS OR
8 GROOMING STANDARDS THAT ARE CONSISTENT WITH THE EMPLOYE'S GENDER
9 IDENTITY OR EXPRESSION.
10    SECTION 7.   THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
20250HB2103PN3285  - 23 -