HB 245 — An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for procedure; providing for reimbursement against wrongful claims; further providing for construction and exclusiveness of remedy; repealing provisions relating to local human relations commissions; and prohibiting local human relations commissions.

PRINTER'S NO.   195

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 245
                                               Session of
                                                 2025

     INTRODUCED BY GROVE, PICKETT, KAUFFMAN AND HAMM,
        JANUARY 22, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 22, 2025


                                    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 procedure; providing for reimbursement
12      against wrongful claims; further providing for construction
13      and exclusiveness of remedy; repealing provisions relating to
14      local human relations commissions; and prohibiting local
15      human relations commissions.
16      The General Assembly of the Commonwealth of Pennsylvania
17   hereby enacts as follows:
18      Section 1.    Section 9(b) and (e) of the act of October 27,
19   1955 (P.L.744, No.222), known as the Pennsylvania Human
20   Relations Act, are amended and the section is amended by adding
21   subsections to read:
22      Section 9.    Procedure.--* * *
23      (b)   (1)   After the filing of any complaint, or whenever
24   there is reason to believe that an unlawful discriminatory
 1   practice has been committed, the Commission shall make a prompt
 2   investigation in connection therewith. If the Commission does
 3   not complete its investigation, it may, after one hundred eighty
 4   days of receiving a complaint, make a determination in
 5   accordance with subsection (c). A hearing under subsection (e)
 6   shall occur only if probable cause of disparate treatment exists
 7   and the parties choose not to settle.
 8      (2)    The Commission shall send a copy of the complaint to the
 9   named respondent within [thirty] twenty days from the date of
10   docketing the complaint, unless otherwise required by the Fair
11   Housing Act[.] in accordance with the following:
12      (i)    The Commission shall not request information a second
13   time after a respondent provides the information to the
14   Commission's request.
15      (ii)    If a respondent fails to provide evidence or the
16   Commission has reasonable proof that a respondent has failed to
17   provide requested information, the Commission may request the
18   Attorney General subpoena the information on behalf of the
19   Commission.
20      (3)    A respondent shall file a written, verified answer to
21   the complaint within [thirty] twenty days of service of the
22   complaint, unless otherwise required by the Fair Housing Act.
23   The Commission, upon request of the respondent, may grant an
24   extension of not more than thirty additional days, unless
25   otherwise required by the Fair Housing Act.
26      (4)    After service of the complaint, the Commission shall
27   encourage voluntary and informed predetermination settlements
28   between parties, including mediation by a neutral arbitrator
29   under rules and procedures specified by the Commission.
30      * * *

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 1      (e)   The case in support of the complaint shall be presented
 2   before the Commission or before a permanent hearing examiner
 3   designated by the Commission for the purpose of hearing said
 4   complaint by one of its attorneys or agents, by the
 5   complainant's attorney or by a designated agent of the
 6   complainant. The respondent may appear at such hearing in person
 7   or otherwise, with or without counsel, and submit testimony. The
 8   complainant may likewise appear at such hearing in person or
 9   otherwise, with or without counsel, and submit testimony. The
10   Commission or the complainant shall have the power reasonably
11   and fairly to amend any complaint, and the respondent shall have
12   like power to amend his answer. The Commission shall not be
13   bound by the strict rules of evidence prevailing in courts of
14   law or equity. The Commission or the permanent hearing examiner
15   shall make a determination within thirty days after the
16   conclusion of the hearing. The testimony taken at the hearing
17   shall be under oath and be transcribed[.] and shall be heard for
18   a period of not more than five days. If the Commission or the
19   permanent hearing examiner determines, upon request of either
20   party, that more time is necessary, the hearing may extend an
21   additional seven days.
22      * * *
23      (k)   Only disparate treatment claims may be brought under
24   this act. Disparate treatment may be proven by a repeated
25   history and pattern of decisions that have a disparate impact on
26   an individual class protected under this act.
27      (l)   Except as otherwise provided under law, an unlawful
28   discriminatory practice is established when the complainant
29   demonstrates that discrimination was a motivating factor for any
30   employment practice, even though other factors also motivated

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 1   the practice.
 2      Section 2.    The act is amended by adding a section to read:
 3      Section 11.1.    Reimbursement Against Wrongful Claims.--After
 4   a hearing under section 9(e), if a claim against a defendant is
 5   determined to be unfounded, the defendant may seek and the
 6   Commission may award reimbursement for reasonable attorney fees
 7   incurred during the proceedings under section 9.
 8      Section 3.    Section 12 of the act is amended by adding a
 9   subsection to read:
10      Section 12.    Construction and Exclusiveness of Remedy.--
11      * * *
12      (g)   Nothing in this act shall prohibit an employer from
13   requiring an employe, during the employe's hours at work, to
14   adhere to reasonable dress or grooming standards not prohibited
15   by other provisions of Federal, State or local law.
16      Section 4.    Section 12.1 of the act is repealed:
17      [Section 12.1.     Local Human Relations Commissions.--(a)   The
18   legislative body of a political subdivision may, by ordinance or
19   resolution, authorize the establishment or membership in and
20   support of a Local Human Relations Commission. The number and
21   qualifications of the members of any local commission and their
22   terms and method of appointment or removal shall be such as may
23   be determined and agreed upon by the legislative body, except
24   that no such member shall hold office in any political party.
25   Members of a local commission shall serve without salary but may
26   be paid expenses incurred in the performance of their duties.
27      (b)   The legislative body of any political subdivision shall
28   have the authority to appropriate funds, in such amounts as may
29   be deemed necessary, for the purpose of contributing to the
30   operation of a local commission including the payment of its

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 1   share of the salary of an investigator or staff member acting
 2   jointly for it and one or more other local commissions.
 3      (c)   The local commission shall have the power to appoint
 4   such employes and staff, as it may deem necessary, to fulfill
 5   its purpose including the power to appoint an investigator or
 6   staff member to act jointly for it and one or more other local
 7   commissions.
 8      (d)   The legislative bodies of political subdivisions shall
 9   have the authority to grant to local commissions powers and
10   duties similar to those now exercised by the Pennsylvania Human
11   Relations Commission under the provisions of this act.
12      (e)   The local human relations commission shall notify the
13   Pennsylvania Human Relations Commission of complaints received
14   involving discriminatory acts within that commission's
15   jurisdiction.]
16      Section 5.     The act is amended by adding a section to read:
17      Section 12.3.    Local Human Relations Commissions
18   Prohibited.--(a)    The legislative body of a political
19   subdivision may not, by ordinance or resolution, authorize the
20   establishment or membership in and support of a local human
21   relations commission with the same powers as the Commission
22   under this act.
23      (b)   This act shall apply to each local human relations
24   commission. Each local human relations commission shall comply
25   with the policies and procedures in place for the Commission.
26      (c)   A case brought before a local human relations commission
27   may not be brought before the Commission.
28      Section 6.     The amendment of section 9(b) and (e) of the act
29   shall apply to complaints filed with the commission under
30   section 9(a) of the act on or after the effective date of this

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1   section.
2      Section 7.   This act shall take effect in 60 days.




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