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 the commission and for construction and exclusiveness of remedy.

PRINTER'S NO.   1797

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 300
                                               Session of
                                                 2025

     INTRODUCED BY KENYATTA, BENHAM, FRANKEL, SMITH-WADE-EL, MAYES,
        SCOTT, SALISBURY, CARROLL, FIEDLER, RABB, WAXMAN, KINKEAD,
        SAMUELSON, BRENNAN, HANBIDGE, HILL-EVANS, FREEMAN, VENKAT,
        PROBST, PIELLI, SCHLOSSBERG, CEPEDA-FREYTIZ, BOROWSKI, KHAN,
        RIVERA, WEBSTER, McNEILL, INGLIS, MALAGARI, SANCHEZ, POWELL,
        OTTEN, KRAJEWSKI, T. DAVIS, BURGOS, SHUSTERMAN, FLEMING,
        SCHWEYER, O'MARA, HOHENSTEIN, HOWARD AND STEELE, JUNE 2, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 2, 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 the title of the act, for findings and
12      declaration of policy, for right to freedom from
13      discrimination in employment, housing and public
14      accommodation, for definitions, for unlawful discriminatory
15      practices and for prohibition of certain real estate
16      practices; providing for protection of religious exercise;
17      and further providing for powers and duties of the commission
18      and for construction and exclusiveness of remedy.
19      The General Assembly of the Commonwealth of Pennsylvania
20   hereby enacts as follows:
21      Section 1.    The title and sections 2 and 3 of the act of
22   October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
23   Human Relations Act, are amended to read:
 1                                 AN ACT
 2   Prohibiting certain practices of discrimination because of race,
 3      color, religious creed, ancestry, sex, sexual orientation,
 4      gender identity or expression, age or national origin by
 5      employers, employment agencies, labor organizations and
 6      others as herein defined; creating the Pennsylvania Human
 7      Relations Commission in the Governor's Office; defining its
 8      functions, powers and duties; providing for procedure and
 9      enforcement; providing for formulation of an educational
10      program to prevent prejudice; providing for judicial review
11      and enforcement and imposing penalties.
12      Section 2.   Findings and Declaration of Policy.--
13      (a)   The practice or policy of discrimination against
14   individuals or groups by reason of their race, color, familial
15   status, religious creed, ancestry, age, sex, sexual orientation,
16   gender identity or expression, national origin, handicap or
17   disability, use of guide or support animals because of the
18   blindness, deafness or physical handicap of the user or because
19   the user is a handler or trainer of support or guide animals is
20   a matter of concern of the Commonwealth. Such discrimination
21   foments domestic strife and unrest, threatens the rights and
22   privileges of the inhabitants of the Commonwealth, and
23   undermines the foundations of a free democratic state. The
24   denial of equal employment, housing and public accommodation
25   opportunities because of such discrimination, and the consequent
26   failure to utilize the productive capacities of individuals to
27   their fullest extent, deprives large segments of the population
28   of the Commonwealth of earnings necessary to maintain decent
29   standards of living, necessitates their resort to public relief
30   and intensifies group conflicts, thereby resulting in grave

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 1   injury to the public health and welfare, compels many
 2   individuals to live in dwellings which are substandard,
 3   unhealthful and overcrowded, resulting in racial segregation in
 4   public schools and other community facilities, juvenile
 5   delinquency and other evils, thereby threatening the peace,
 6   health, safety and general welfare of the Commonwealth and its
 7   inhabitants. Public policies, reflecting an open and welcoming
 8   environment and ensuring equal opportunity, foster economic
 9   growth and prosperity which benefit the inhabitants of this
10   Commonwealth. Conversely, the absence of nondiscrimination
11   protections hinders efforts to recruit and retain the diversity
12   of talented individuals and successful enterprises required for
13   a thriving economy and strong public sector on which the
14   inhabitants of this Commonwealth depend.
15      (b)   It is hereby declared to be the public policy of this
16   Commonwealth to foster the employment of all individuals in
17   accordance with their fullest capacities regardless of their
18   race, color, religious creed, ancestry, age, sex, sexual
19   orientation, gender identity or expression, national origin,
20   handicap or disability, use of guide or support animals because
21   of the blindness, deafness or physical handicap of the user or
22   because the user is a handler or trainer of support or guide
23   animals, and to safeguard their right to obtain and hold
24   employment without such discrimination, to assure equal
25   opportunities to all individuals and to safeguard their rights
26   to public accommodation and to secure housing accommodation and
27   commercial property regardless of race, color, familial status,
28   religious creed, ancestry, age, sex, sexual orientation, gender
29   identity or expression, national origin, handicap or disability,
30   use of guide or support animals because of blindness or deafness

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 1   of the user or because the user is a handler or trainer of guide
 2   or support animals.
 3      (c)   This act shall be deemed an exercise of the police power
 4   of the Commonwealth for the protection of the public welfare,
 5   prosperity, health and peace of the people of the Commonwealth
 6   of Pennsylvania.
 7      Section 3.   Right to Freedom from Discrimination in
 8   Employment, Housing and Public Accommodation.--The opportunity
 9   for an individual to obtain employment for which he is
10   qualified, and to obtain all the accommodations, advantages,
11   facilities and privileges of any public accommodation and of any
12   housing accommodation and commercial property without
13   discrimination because of race, color, familial status,
14   religious creed, ancestry, handicap or disability, age, sex,
15   sexual orientation, gender identity or expression, national
16   origin, the use of a guide or support animal because of the
17   blindness, deafness or physical handicap of the user or because
18   the user is a handler or trainer of support or guide animals is
19   hereby recognized as and declared to be a civil right which
20   shall be enforceable as set forth in this act.
21      Section 2.   Section 4(b) of the act is amended and the
22   section is amended by adding subsections to read:
23      Section 4.   Definitions.--As used in this act unless a
24   different meaning clearly appears from the context:
25      * * *
26      (b)   The term "employer" includes the Commonwealth or any
27   political subdivision or board, department, commission or school
28   district thereof and any person employing four or more persons
29   within the Commonwealth, but except as hereinafter provided,
30   does not include religious, fraternal, charitable or sectarian

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 1   corporations or associations, except such corporations or
 2   associations supported, in whole or in part, by governmental
 3   appropriations. The term "employer" with respect to
 4   discriminatory practices based on race, color, age, sex, sexual
 5   orientation, gender identity or expression, national origin or
 6   non-job related handicap or disability, includes religious,
 7   fraternal, charitable and sectarian corporations and
 8   associations employing four or more persons within the
 9   Commonwealth.
10      * * *
11      (bb)    The term "sexual orientation" means an individual's
12   physical, romantic or emotional attraction to individuals of the
13   same or different gender.
14      (cc)    The term "gender identity or expression" means an
15   individual's gender-related identity, appearance, mannerisms,
16   expression or other gender-related characteristics, regardless
17   of the individual's designated or perceived sex.
18      (dd)    The term "booking agent" means the same as the term
19   "booking agent" under section 209(a)(1.2) of the act of March 4,
20   1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."
21      Section 3.   Sections 5(a), (b), (c), (f), (g), (h) and (i)
22   and 5.3 of the act are amended to read:
23      Section 5.   Unlawful Discriminatory Practices.--It shall be
24   an unlawful discriminatory practice, unless based upon a bona
25   fide occupational qualification, or in the case of a fraternal
26   corporation or association, unless based upon membership in such
27   association or corporation, or except where based upon
28   applicable security regulations established by the United States
29   or the Commonwealth of Pennsylvania:
30      (a)    For any employer because of the actual or perceived

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 1   race, color, religious creed, ancestry, age, sex, sexual
 2   orientation, gender identity or expression, national origin or
 3   non-job related handicap or disability or the use of a guide or
 4   support animal because of the blindness, deafness or physical
 5   handicap of any individual or independent contractor, to refuse
 6   to hire or employ or contract with, or to bar or to discharge
 7   from employment such individual or independent contractor, or to
 8   otherwise discriminate against such individual or independent
 9   contractor with respect to compensation, hire, tenure, terms,
10   conditions or privileges of employment or contract, if the
11   individual or independent contractor is the best able and most
12   competent to perform the services required. The [provision]
13   provisions of this paragraph shall not apply, to (1) operation
14   of the terms or conditions of any bona fide retirement or
15   pension plan which have the effect of a minimum service
16   requirement, (2) operation of the terms or conditions of any
17   bona fide group or employe insurance plan, (3) age limitations
18   placed upon entry into bona fide apprenticeship programs of two
19   years or more approved by the State Apprenticeship and Training
20   Council of the Department of Labor and Industry, established by
21   the act of July 14, 1961 (P.L.604, No.304), known as "The
22   Apprenticeship and Training Act." Notwithstanding any provision
23   of this clause, it shall not be an unlawful employment practice
24   for a religious corporation or association to hire or employ on
25   the basis of sex in those certain instances where sex is a bona
26   fide occupational qualification because of the religious
27   beliefs, practices, or observances of the corporation, or
28   association. It is not an unlawful discriminatory practice based
29   on the actual or perceived race, color, religious creed,
30   ancestry, age, sexual orientation, gender identity or expression

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 1   or national origin under this act to fail or refuse to construct
 2   new or additional facilities.
 3      (b)   For any employer, employment agency or labor
 4   organization, prior to the employment, contracting with an
 5   independent contractor or admission to membership, to:
 6      (1)   Elicit any information or make or keep a record of or
 7   use any form of application or application blank containing
 8   questions or entries concerning the race, color, religious
 9   creed, ancestry, age, sex, sexual orientation, gender identity
10   or expression, national origin, past handicap or disability or
11   the use of a guide or support animal because of the blindness,
12   deafness or physical handicap of any applicant for employment or
13   membership. Prior to an offer of employment, an employer may not
14   inquire as to whether an individual has a handicap or disability
15   or as to the severity of such handicap or disability. An
16   employer may inquire as to the individual's ability to perform
17   the essential functions of the employment.
18      (2)   Print or publish or cause to be printed or published any
19   notice or advertisement relating to employment or membership
20   indicating any preference, limitation, specification or
21   discrimination based upon race, color, religious creed,
22   ancestry, age, sex, sexual orientation, gender identity or
23   expression, national origin, non-job related handicap or
24   disability or the use of a guide or support animal because of
25   the blindness, deafness or physical handicap of the user.
26      (3)   Deny or limit, through a quota system, employment or
27   membership because of the actual or perceived race, color,
28   religious creed, ancestry, age, sex, sexual orientation, gender
29   identity or expression, national origin, non-job related
30   handicap or disability, the use of a guide or support animal

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 1   because of the blindness, deafness or physical handicap of the
 2   user or place of birth.
 3      (4)   Substantially confine or limit recruitment or hiring of
 4   individuals, with intent to circumvent the spirit and purpose of
 5   this act, to any employment agency, employment service, labor
 6   organization, training school or training center or any other
 7   employe-referring source which services individuals who are
 8   predominantly of the same race, color, religious creed,
 9   ancestry, age, sex, sexual orientation, gender identity or
10   expression, national origin or non-job related handicap or
11   disability.
12      (5)   Deny employment because of a prior handicap or
13   disability.
14      Nothing in clause (b) of this section shall bar any
15   institution or organization for handicapped or disabled persons
16   from limiting or giving preference in employment or membership
17   to handicapped or disabled persons.
18      (c)   For any labor organization because of the actual or
19   perceived race, color, religious creed, ancestry, age, sex,
20   sexual orientation, gender identity or expression, national
21   origin, non-job related handicap or disability or the use of a
22   guide or support animal because of the blindness, deafness or
23   physical handicap of any individual to deny full and equal
24   membership rights to any individual or otherwise to discriminate
25   against such individuals with respect to hire, tenure, terms,
26   conditions or privileges of employment or any other matter,
27   directly or indirectly, related to employment.
28      * * *
29      (f)   For any employment agency to fail or refuse to classify
30   properly, refer for employment or otherwise to discriminate

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 1   against any individual because of [his] the actual or perceived
 2   race, color, religious creed, ancestry, age, sex, sexual
 3   orientation, gender identity or expression, national origin,
 4   non-job related handicap or disability or the use of a guide or
 5   support animal because of the blindness, deafness or physical
 6   handicap of the user.
 7      (g)   For any individual seeking employment to publish or
 8   cause to be published any advertisement which in any manner
 9   expresses a limitation or preference as to the race, color,
10   religious creed, ancestry, age, sex, sexual orientation, gender
11   identity or expression, national origin, non-job related
12   handicap or disability or the use of a guide or support animal
13   because of the blindness, deafness or physical handicap of any
14   prospective employer.
15      (h)   For any person to:
16      (1)   Refuse to sell, lease, finance or otherwise to deny or
17   withhold any housing accommodation or commercial property from
18   any person because of the actual or perceived race, color,
19   familial status, age, religious creed, ancestry, sex, sexual
20   orientation, gender identity or expression, national origin or
21   handicap or disability of any person, prospective owner,
22   occupant or user of such housing accommodation or commercial
23   property, or to refuse to lease any housing accommodation or
24   commercial property to any person due to use of a guide animal
25   because of the blindness or deafness of the user, use of a
26   support animal because of a physical handicap of the user or
27   because the user is a handler or trainer of support or guide
28   animals or because of the handicap or disability of an
29   individual with whom the person is known to have a relationship
30   or association.

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 1      (1.1)   Evict or attempt to evict an occupant of any housing
 2   accommodation before the end of the term of a lease because of
 3   pregnancy or the birth of a child.
 4      (2)   Refuse to lend money, whether or not secured by mortgage
 5   or otherwise for the acquisition, construction, rehabilitation,
 6   repair or maintenance of any housing accommodation or commercial
 7   property or otherwise withhold financing of any housing
 8   accommodation or commercial property from any person because of
 9   the actual or perceived race, color, familial status, age,
10   religious creed, ancestry, sex, sexual orientation, gender
11   identity or expression, national origin, handicap or disability
12   of any person, the use of a guide or support animal because of
13   the blindness, deafness or physical handicap of the user or
14   because the user is a handler or trainer of support or guide
15   animals or because of the handicap or disability of an
16   individual with whom the person is known to have a relationship
17   or association.
18      (3)   Discriminate against any person in the terms or
19   conditions of selling or leasing any housing accommodation or
20   commercial property or in furnishing facilities, services or
21   privileges in connection with the ownership, occupancy or use of
22   any housing accommodation or commercial property because of the
23   actual or perceived race, color, familial status, age, religious
24   creed, ancestry, sex, sexual orientation, gender identity or
25   expression, national origin, handicap or disability of any
26   person, the use of a guide or support animal because of the
27   blindness, deafness or physical handicap of the user or because
28   the user is a handler or trainer of support or guide animals or
29   because of the handicap or disability of an individual with whom
30   the person is known to have a relationship or association.

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 1      (3.1)   Refuse to permit, at the expense of a person with a
 2   handicap, reasonable modifications of existing premises occupied
 3   or to be occupied by such person if such modifications may be
 4   necessary to afford such person full enjoyment of the premises,
 5   except that, in the case of a rental, the landlord may, where it
 6   is reasonable to do so, grant permission for a modification if
 7   the renter agrees to restore the interior of the premises to the
 8   condition that existed before the modification, with reasonable
 9   wear and tear excepted.
10      (3.2)   Refuse to make reasonable accommodations in rules,
11   policies, practices or services when such accommodations may be
12   necessary to afford such person equal opportunity to use and
13   enjoy a housing accommodation.
14      (4)   Discriminate against any person in the terms or
15   conditions of any loan of money, whether or not secured by
16   mortgage or otherwise for the acquisition, construction,
17   rehabilitation, repair or maintenance of housing accommodation
18   or commercial property because of the actual or perceived race,
19   color, familial status, age, religious creed, ancestry, sex,
20   sexual orientation, gender identity or expression, national
21   origin or handicap or disability of any person, the use of a
22   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 guide or support animals or because of the
25   handicap or disability of an individual with whom the person is
26   known to have a relationship or association.
27      (5)   Print, publish or circulate any statement or
28   advertisement: (i) relating to the sale, lease or acquisition of
29   any housing accommodation or commercial property or the loan of
30   money, whether or not secured by mortgage, or otherwise for the

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 1   acquisition, construction, rehabilitation, repair or maintenance
 2   of any housing accommodation or commercial property which
 3   indicates any preference, limitation, specification, or
 4   discrimination based upon race, color, familial status, age,
 5   religious creed, ancestry, sex, sexual orientation, gender
 6   identity or expression, national origin, handicap or disability
 7   or because of the handicap or disability of an individual with
 8   whom the person is known to have a relationship or association,
 9   or (ii) relating to the sale, lease or acquisition of any
10   housing accommodation or commercial property which indicates any
11   preference, limitation, specification or discrimination based
12   upon use of a guide or support animal because of the blindness,
13   deafness or physical handicap of the user or because the user is
14   a handler or trainer of support or guide animals.
15      (6)   Make any inquiry, elicit any information, make or keep
16   any record or use any form of application, containing questions
17   or entries concerning race, color, familial status, age,
18   religious creed, ancestry, sex, sexual orientation, gender
19   identity or expression, national origin, handicap or disability
20   or because of the handicap or disability of an individual with
21   whom the person is known to have a relationship or association
22   in connection with the sale or lease of any housing
23   accommodation or commercial property or loan of any money,
24   whether or not secured by mortgage or otherwise for the
25   acquisition, construction, rehabilitation, repair or maintenance
26   of any housing accommodation or commercial property, or to make
27   any inquiry, elicit any information, make or keep any record or
28   use any form of application, containing questions or entries
29   concerning the use of a guide or support animal because of the
30   blindness, deafness or physical handicap of the user or because

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 1   the user is a handler or trainer of support or guide animals, in
 2   connection with the lease of any housing accommodation or
 3   commercial property.
 4      (7)    Construct, operate, offer for sale, lease or rent or
 5   otherwise make available housing or commercial property which is
 6   not accessible.
 7      (8)    Discriminate in real estate-related transactions, as
 8   described by and subject to the following:
 9      (i)    It shall be unlawful for any person or other entity
10   whose business includes engaging in real estate-related
11   transactions to discriminate against any person in making
12   available such a transaction or in the terms or conditions of
13   such a transaction because of the actual or perceived race,
14   color, religious creed, ancestry, national origin, sex, sexual
15   orientation, gender identity or expression, age, handicap or
16   disability, use of a guide or support animal because of a
17   physical handicap or because the user is a handler or trainer of
18   guide or support animals or familial status.
19      (ii)    Nothing in this act prohibits a person engaged in the
20   business of furnishing appraisals of real property to take into
21   consideration factors other than race, color, religious creed,
22   ancestry, national origin, sex, sexual orientation, gender
23   identity or expression, age, handicap or disability, use of a
24   guide or support animal because of a physical handicap or
25   because the user is a handler or trainer of guide or support
26   animals or familial status.
27      (9)    Nothing in this clause, regarding age or familial
28   status, shall apply with respect to housing for older persons. A
29   person shall not be held personally liable for monetary damages
30   for a violation of this act if the person reasonably relied, in

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 1   good faith, on the application of the exemption of this
 2   subclause. A person may only prove good faith reliance on the
 3   application of the exemption of this subclause by proving that
 4   at the time of the act complained of all of the following
 5   applied:
 6      (i)     The person had no actual knowledge that the housing was
 7   not eligible for exemption under this subclause.
 8      (ii)    The owner or manager of the housing had stated
 9   formally, in writing, that the housing complied with the
10   requirements for exemption under this subclause.
11      (10)    Nothing in this clause shall bar any religious or
12   denominational institution or organization or any charitable or
13   educational organization which is operated, supervised or
14   controlled by or in connection with a religious organization or
15   any bona fide private or fraternal organization from giving
16   preference to persons of the same religion or denomination or to
17   members of such private or fraternal organization or from making
18   such selection as is calculated by such organization to promote
19   the religious principles or the aims, purposes or fraternal
20   principles for which it is established or maintained. [Nor shall
21   it apply to the rental of rooms in a landlord-occupied rooming
22   house with a common entrance, nor with respect to discrimination
23   based on sex, the advertising, rental or leasing of housing
24   accommodations in a single-sex dormitory or rooms in one's
25   personal residence in which common living areas are shared.]
26      (10.1)    Except for rentals arranged through a booking agent,
27   nothing in this clause shall apply to the rental of rooms in a
28   personal residence in which common living areas are shared or a
29   landlord-occupied rooming house with a common entrance.
30      (10.2)    Nothing in this clause shall apply to, with respect

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 1   to discrimination based on sex, the advertising, rental or
 2   leasing of housing accommodations in a single-sex dormitory or
 3   rooms in one's personal residence in which common living areas
 4   are shared.
 5      (11)   Nothing in this act limits the applicability of the
 6   Fair Housing Act and reasonable State or local restrictions on
 7   the maximum number of occupants permitted to occupy a dwelling
 8   or a reasonable restriction relating to health or safety
 9   standards or business necessity. Owners and managers of
10   dwellings may develop and implement reasonable occupancy and
11   safety standards based on factors such as the number and size of
12   sleeping areas or bedrooms and the overall size of a dwelling
13   unit so long as the standards do not violate the Fair Housing
14   Act or State or local restrictions.
15      (i)    For any person being the owner, lessee, proprietor,
16   manager, superintendent, agent or employe of any public
17   accommodation, resort or amusement to:
18      (1)    Refuse, withhold from, or deny to any person because of
19   [his] the actual or perceived race, color, sex, sexual
20   orientation, gender identity or expression, religious creed,
21   ancestry, national origin or handicap or disability, or to any
22   person due to use of a guide or support animal because of the
23   blindness, deafness or physical handicap of the user or because
24   the user is a handler or trainer of support or guide animals,
25   either directly or indirectly, any of the accommodations,
26   advantages, facilities or privileges of such public
27   accommodation, resort or amusement.
28      (2)    Publish, circulate, issue, display, post or mail, either
29   directly or indirectly, any written or printed communication,
30   notice or advertisement to the effect that any of the

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 1   accommodations, advantages, facilities and privileges of any
 2   such place shall be refused, withheld from or denied to any
 3   person on account of race, color, religious creed, sex, sexual
 4   orientation, gender identity or expression, ancestry, national
 5   origin or handicap or disability, or to any person due to use of
 6   a guide or support animal because of the blindness, deafness or
 7   physical handicap of the user, or because the user is a handler
 8   or trainer of support or guide animals, or that the patronage or
 9   custom thereat of any person[, belonging to or purporting to be
10   of any particular] because of race, color, religious creed, sex,
11   sexual orientation, gender identity or expression, ancestry,
12   national origin or handicap or disability, or to any person due
13   to use of a guide or support animal because of the blindness,
14   deafness or physical handicap of the user or because the user is
15   a handler or trainer of support or guide animals, is unwelcome,
16   objectionable or not acceptable, desired or solicited.
17         (3)   Exclude or otherwise deny equal goods, services,
18   facilities, privileges, advantages, accommodations or other
19   opportunities to a person because of the handicap or disability
20   of an individual with whom the person is known to have a
21   relationship or association.
22         (4)   Construct, operate or otherwise make available such
23   place of public accommodation, resort or amusement which is not
24   accessible.
25         * * *
26         Section 5.3.   Prohibition of Certain Real Estate Practices.--
27   It shall be an unlawful discriminatory practice for any person
28   to:
29         (a)   Induce, solicit or attempt to induce or solicit for
30   commercial profit any listing, sale or transaction involving any

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 1   housing accommodation or commercial property by representing
 2   that such housing accommodation or commercial property is within
 3   any neighborhood, community or area adjacent to any other area
 4   in which there reside, or do not reside, persons of a particular
 5   race, color, familial status, age, religious creed, ancestry,
 6   sex, sexual orientation, gender identity or expression, national
 7   origin, handicap or disability, or who are guide or support
 8   animal dependent.
 9      (b)   Discourage, or attempt to discourage, for commercial
10   profit, the purchase or lease of any housing accommodation or
11   commercial property by representing that such housing
12   accommodation or commercial property is within any neighborhood,
13   community or area adjacent to any other area in which there
14   reside, or may in the future reside in increased or decreased
15   numbers, persons of a particular race, color, familial status,
16   age, religious creed, ancestry, sex, sexual orientation, gender
17   identity or expression, national origin, handicap or disability,
18   or who are guide or support animal dependent.
19      (c)   Misrepresent, create or distort a circumstance,
20   condition or incident for the purpose of fostering the
21   impression or belief, on the part of any owner, occupant or
22   prospective owner or occupant of any housing accommodation or
23   commercial property, that such housing accommodation or
24   commercial property is within any neighborhood, community or
25   area adjacent to any other area which would be adversely
26   impacted by the residence, or future increased or decreased
27   residence, of persons of a particular race, color, familial
28   status, age, religious creed, ancestry, sex, sexual orientation,
29   gender identity or expression, national origin, handicap or
30   disability, or who are guide or support animal dependent within

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 1   such neighborhood, community or area.
 2      (d)   In any way misrepresent or otherwise misadvertise within
 3   a neighborhood or community, whether or not in writing, that any
 4   housing accommodation or commercial property within such
 5   neighborhood or community is available for inspection, sale,
 6   lease, sublease or other transfer, in any context where such
 7   misrepresentation or misadvertising would have the effect of
 8   fostering an impression or belief that there has been or will be
 9   an increase in real estate activity within such neighborhood or
10   community due to the residence, or anticipated increased or
11   decreased residence, of persons of a particular race, color,
12   familial status, age, religious creed, ancestry, sex, sexual
13   orientation, gender identity or expression, national origin,
14   handicap or disability, or the use of a guide or support animal
15   because of the blindness, deafness or physical handicap of the
16   user.
17      Section 4.   The act is amended by adding a section to read:
18      Section 5.4.   Protection of Religious Exercise.--(a)   Nothing
19   contained in this act, or in any ordinance, charter, law or
20   regulation that is or has been adopted by any political
21   subdivision in this Commonwealth in accordance with this act,
22   shall be interpreted to require an individual or religious
23   entity to engage in conduct that constitutes a substantial
24   burden on the free exercise of religion without a compelling
25   interest and through the least restrictive means of furthering
26   the compelling interest consistent with the provisions of the
27   act of December 9, 2002 (P.L.1701, No.214), known as the
28   "Religious Freedom Protection Act."
29      (b)   As used in this section, the term "religious entity"
30   means a church, association of churches or other religious

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 1   order, body or institution which qualifies for exemption from
 2   taxation under 26 U.S.C. § 501(c)(3) or (d) (relating to
 3   exemption from tax on corporations, certain trusts, etc.).
 4      Section 5.     Section 7(i), (j) and (k) of the act are amended
 5   to read:
 6      Section 7.     Powers and Duties of the Commission.--The
 7   Commission shall have the following powers and duties:
 8      * * *
 9      (i)     To create such advisory agencies and conciliation
10   councils, local or state-wide, as will aid in effectuating the
11   purposes of this act. The Commission may itself or it may
12   empower these agencies and councils to (1) study the problems of
13   discrimination in all or specific fields of human relationships
14   when based on the actual or perceived race, color, familial
15   status, religious creed, ancestry, age, sex, sexual orientation,
16   gender identity or expression, national origin or handicap or
17   disability, and (2) foster, through community effort or
18   otherwise, good will among the groups and elements of the
19   population of the State. Such agencies and councils may make
20   recommendations to the Commission for the development of
21   policies and procedure in general. Advisory agencies and
22   conciliation councils created by the Commission shall be
23   composed of representative citizens, serving without pay, but
24   the Commission may make provision for technical and clerical
25   assistance to such agencies and councils, and for the payment of
26   the expenses of such assistance.
27      (j)     To issue such publications and such results of
28   investigations and research as, in its judgment, will tend to
29   promote good will and minimize or eliminate discrimination
30   because of the actual or perceived race, color, familial status,

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 1   religious creed, ancestry, age, sex, sexual orientation, gender
 2   identity or expression, national origin or handicap or
 3   disability.
 4      (k)   To submit an annual report for each fiscal year by the
 5   following March 31 to the General Assembly, the Labor and
 6   Industry Committee of the Senate and the State Government
 7   Committee of the House of Representatives and the Governor
 8   describing in detail the types of complaints received, the
 9   investigations, status of cases, Commission action which has
10   been taken, how many were found to have probable cause, how many
11   were resolved by public hearing and the length of time from the
12   initial complaint to final Commission resolution. It shall also
13   contain recommendations for such further legislation concerning
14   abuses and discrimination because of the actual or perceived
15   race, color, familial status, religious creed, ancestry,
16   national origin, age, sex, sexual orientation, gender identity
17   or expression, handicap or disability or the use of a guide or
18   support animal because of the blindness, deafness or physical
19   handicap of the user or because the user is a handler or trainer
20   of support or guide animals, as may be desirable.
21      * * *
22      Section 6.    Section 12(b) of the act is amended and the
23   section is amended by adding a subsection to read:
24      Section 12.   Construction and Exclusiveness of Remedy.--
25      * * *
26      (b)   Except as provided in subsection (c), nothing contained
27   in this act shall be deemed to repeal or supersede any of the
28   provisions of any existing or hereafter adopted municipal
29   ordinance, municipal charter or of any law of this Commonwealth
30   relating to discrimination because of the actual or perceived

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 1   race, color, familial status, religious creed, ancestry, age,
 2   sex, sexual orientation, gender identity or expression, national
 3   origin or handicap or disability, but as to acts declared
 4   unlawful by section five of this act the procedure herein
 5   provided shall, when invoked, be exclusive and the final
 6   determination therein shall exclude any other action, civil or
 7   criminal, based on the same grievance of the complainant
 8   concerned. If the complainant institutes any action based on
 9   such grievance without resorting to the procedure provided in
10   this act, such complainant may not subsequently resort to the
11   procedure herein. In the event of a conflict between the
12   interpretation of a provision of this act and the interpretation
13   of a similar provision contained in any municipal ordinance, the
14   interpretation of the provision in this act shall apply to such
15   municipal ordinance.
16      * * *
17      (g)   Nothing in this act shall prohibit an employer from
18   requiring an employe, during the employe's hours at work, to
19   adhere to reasonable dress or grooming standards not prohibited
20   by other provisions of Federal, State or local law, provided
21   that the employer permits an employe to adhere to the dress or
22   grooming standards that are consistent with the employe's gender
23   identity or expression.
24      Section 7.   This act shall take effect in 30 days.




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