HB 826 — An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for definitions and for unlawful discriminatory practices.

PRINTER'S NO.    853

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 826
                                               Session of
                                                 2025

     INTRODUCED BY KHAN, FLICK, PASHINSKI, DALEY, CERRATO, FLEMING,
        BRENNAN, SHUSTERMAN, VENKAT, HOHENSTEIN, GIRAL, NEILSON,
        SANCHEZ, PROBST, GUENST, BOROWSKI, HOWARD, FREEMAN, KENYATTA,
        HILL-EVANS, FRANKEL, OTTEN, DEASY, GREEN AND CURRY,
        MARCH 6, 2025

     REFERRED TO COMMITTEE ON TOURISM, RECREATION AND ECONOMIC
        DEVELOPMENT, MARCH 6, 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 definitions and for unlawful
12      discriminatory practices.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    Sections 4 and 5 of the act of October 27, 1955
16   (P.L.744, No.222), known as the Pennsylvania Human Relations
17   Act, are amended by adding clauses to read:
18      Section 4.    Definitions.--As used in this act unless a
19   different meaning clearly appears from the context:
20      * * *
21      (bb)    The term "attendant care services" includes the
 1   following:
 2      (1)     Services that enable an eligible individual to live in
 3   the eligible individual's home and community and to carry out
 4   the functions of daily living, self-care and mobility which
 5   shall include:
 6      (i)     Getting in and out of a bed, wheelchair or motor
 7   vehicle.
 8      (ii)     Assistance with routine bodily functions, including:
 9      (A)     Health maintenance activities.
10      (B)     Bathing and personal hygiene.
11      (C)     Dressing and grooming.
12      (D)     Feeding, including preparation and cleanup.
13      (E)     Critical cognitive tasks and tasks required to
14   participate in community events, including managing
15   transportation, handling tickets and communicating with others.
16      (2)     The services provided to an individual who is eligible
17   for a home and community-based waiver under 42 U.S.C. § 1396n(c)
18   (relating to compliance with State plan and payment provisions).
19      (cc)     The term "eligible individual" includes an individual
20   with a disability who requires assistance to complete activities
21   of daily living, self-care and mobility, including attendant
22   care services.
23      (dd)     The term "personal care attendant" includes an
24   individual who provides attendant care services to an eligible
25   individual.
26      Section 5.     Unlawful Discriminatory Practices.--It shall be
27   an unlawful discriminatory practice, unless based upon a bona
28   fide occupational qualification, or in the case of a fraternal
29   corporation or association, unless based upon membership in such
30   association or corporation, or except where based upon

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 1   applicable security regulations established by the United States
 2   or the Commonwealth of Pennsylvania:
 3      * * *
 4      (m)   For any owner, lessee, proprietor, manager,
 5   superintendent, agent or employe of a public accommodation to
 6   not provide free admission to a personal care attendant whose
 7   attendance is necessary to enable an eligible individual to
 8   attend or tour an entertainment, educational, sporting or other
 9   event open to the public which charges admission, provided that
10   the personal care attendant is not required to be provided a
11   seat with a view of the event and may be directed to a seat and
12   location in close proximity to the eligible individual where the
13   eligible individual may be accommodated.
14      Section 2.   This act shall take effect in 90 days.




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