PRIOR PRINTER'S NO. 2687
PRINTER'S NO. 3020
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2104
Session of
2024
INTRODUCED BY MADDEN, SCOTT, PROBST, GIRAL, HANBIDGE, KINSEY,
SCHLOSSBERG, SANCHEZ, NEILSON, HILL-EVANS, MADSEN, CERRATO,
WAXMAN, DALEY, GREEN, WEBSTER AND TAKAC, MARCH 14, 2024
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 30, 2024
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
further providing for powers and duties of the commission;
providing for policies and procedures; and establishing the
Human Relations Training Fund.
AMENDING THE ACT OF OCTOBER 27, 1955 (P.L.744, NO.222), ENTITLED
"AN ACT PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION
BECAUSE OF RACE, COLOR, RELIGIOUS CREED, ANCESTRY, AGE OR
NATIONAL ORIGIN BY EMPLOYERS, EMPLOYMENT AGENCIES, LABOR
ORGANIZATIONS AND OTHERS AS HEREIN DEFINED; CREATING THE
PENNSYLVANIA HUMAN RELATIONS COMMISSION IN THE GOVERNOR'S
OFFICE; DEFINING ITS FUNCTIONS, POWERS AND DUTIES; PROVIDING
FOR PROCEDURE AND ENFORCEMENT; PROVIDING FOR FORMULATION OF
AN EDUCATIONAL PROGRAM TO PREVENT PREJUDICE; PROVIDING FOR
JUDICIAL REVIEW AND ENFORCEMENT AND IMPOSING PENALTIES,"
FURTHER PROVIDING FOR POWERS AND DUTIES OF THE COMMISSION;
PROVIDING FOR POLICIES AND PROCEDURES; AND ESTABLISHING THE
HUMAN RELATIONS TRAINING FUND.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7(f) of the act of October 27, 1955
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(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended to read:
Section 7. Powers and Duties of the Commission.--The
Commission shall have the following powers and duties:
* * *
(f) To initiate, receive, investigate and pass upon
complaints charging unlawful discriminatory practices and
violations of section 7.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 7.1. Policies and Procedures.--(a) An employer
shall adopt written policies and procedures for preventing
harassment, discrimination and retaliation against employes. The
policies and procedures shall include, at a minimum, all of the
following:
(1) An explanation that harassment, discrimination and
retaliation are unlawful acts under Federal and State law.
(2) An explanation that sexual harassment is a form of
unlawful discrimination under Federal and State law.
(3) A complaint procedure to report and address harassment,
discrimination and retaliation claims, including a provision
allowing employes to report the claims to persons other than
their supervisor.
(4) The specific responsibilities of a supervisor in the
identification, prevention and reporting of harassment,
discrimination and retaliation.
(5) An explanation of the procedures for maintaining
confidentiality surrounding the reporting of harassment,
discrimination and retaliation claims.
(6) A procedure for the timely, thorough and prompt
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investigation of claims of harassment, discrimination and
retaliation filed by an employe.
(b) An employer shall make the policies and procedures under
this section available and easily accessible to all employes.
(c) An employer shall review and update the policies for
harassment, discrimination and retaliation as needed to remain
in compliance with Federal and State law.
(d) An employer shall keep records of the current policies
and procedures under this section and make them available for
inspection by the Commission upon request. If applicable,
employers shall also keep a record of the immediately preceding
policies and procedures for a period of three years after the
effective date of the current policies and procedures and make
them available for inspection by the Commission upon request.
(e) The Commission shall develop standard policies and
procedures that may be used by employers to satisfy the
requirements under clause (a). The policies and procedures shall
be made publicly available at no cost on the publicly accessible
Internet website of the Commission.
(f) Within forty-five days of any changes to Federal or
State harassment, discrimination or retaliation laws that would
impact the standard policies and procedures under clause (e),
the Commission shall publish the changes on its publicly
accessible Internet website and shall transmit notice of the
changes to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin. The
Commission may establish an electronic notification system to
alert employers of changes to the standard policies and
procedures.
(g) A person claiming a violation of this section may make a
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complaint with the Commission. The complaint must state the name
and address of the employer alleged to have violated this
section. If, after investigation by the Commission, the
Commission determines that the employer violated this section,
the Commission shall endeavor to cause compliance with this
section and may issue a citation and impose a fine as provided
in clause (h).
(h) The Commission may issue citations and impose fines on
an employer for a violation of this section as follows:
(1) A fine of not less than five hundred dollars ($500) and
not more than one thousand dollars ($1,000) for the first
violation.
(2) A fine of not less than one thousand dollars ($1,000)
and not more than five thousand dollars ($5,000) for the second
or each subsequent violation.
(3) The Commission may waive the fine for a first-time
violation of this section if the employer proves to the
satisfaction of the Commission, within sixty days of the
issuance of the citation, that the violation has been cured.
(i) The Human Relations Training Fund is established as a
separate fund in the State Treasury. The following apply:
(1) A fine imposed and collected by the Commission under
clause (h) or a civil penalty assessed under section 9(f)(2)
shall be deposited into the Human Relations Training Fund.
(2) The money in the Human Relations Training Fund is
appropriated on a continuing basis to the Commission to be used
for training, education and outreach.
Section 3. This act shall take effect in 120 days.
SECTION 1. SECTION 7(F) OF THE ACT OF OCTOBER 27, 1955
(P.L.744, NO.222), KNOWN AS THE PENNSYLVANIA HUMAN RELATIONS
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ACT, IS AMENDED TO READ:
SECTION 7. POWERS AND DUTIES OF THE COMMISSION.--THE
COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
* * *
(F) TO INITIATE, RECEIVE, INVESTIGATE AND PASS UPON
COMPLAINTS CHARGING UNLAWFUL DISCRIMINATORY PRACTICES AND
VIOLATIONS OF SECTION 7.1.
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 7.1. POLICIES AND PROCEDURES.--(A) AN EMPLOYER
SHALL ADOPT WRITTEN POLICIES AND PROCEDURES FOR PREVENTING
HARASSMENT, DISCRIMINATION AND RETALIATION AGAINST EMPLOYES. THE
POLICIES AND PROCEDURES SHALL INCLUDE, AT A MINIMUM, ALL OF THE
FOLLOWING:
(1) AN EXPLANATION THAT HARASSMENT, DISCRIMINATION AND
RETALIATION ARE UNLAWFUL ACTS UNDER FEDERAL AND STATE LAW.
(2) AN EXPLANATION THAT SEXUAL HARASSMENT IS A FORM OF
UNLAWFUL DISCRIMINATION UNDER FEDERAL AND STATE LAW.
(3) A COMPLAINT PROCEDURE TO REPORT AND ADDRESS HARASSMENT,
DISCRIMINATION AND RETALIATION CLAIMS, INCLUDING A PROVISION
ALLOWING EMPLOYES TO REPORT THE CLAIMS TO PERSONS OTHER THAN
THEIR SUPERVISOR.
(4) THE SPECIFIC RESPONSIBILITIES OF A SUPERVISOR IN THE
IDENTIFICATION, PREVENTION AND REPORTING OF HARASSMENT,
DISCRIMINATION AND RETALIATION.
(5) AN EXPLANATION OF THE PROCEDURES FOR MAINTAINING
CONFIDENTIALITY SURROUNDING THE REPORTING OF HARASSMENT,
DISCRIMINATION AND RETALIATION CLAIMS.
(6) A PROCEDURE FOR THE TIMELY, THOROUGH AND PROMPT
INVESTIGATION OF CLAIMS OF HARASSMENT, DISCRIMINATION AND
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RETALIATION FILED BY AN EMPLOYE.
(B) AN EMPLOYER SHALL MAKE THE POLICIES AND PROCEDURES UNDER
THIS SECTION AVAILABLE AND EASILY ACCESSIBLE TO ALL EMPLOYES. AN
EMPLOYER MAY POST THE POLICIES AND PROCEDURES ON THE EMPLOYER'S
INTERNET WEBSITE WHICH IS ACCESSIBLE TO EMPLOYES.
(C) AN EMPLOYER SHALL KEEP RECORDS OF THE CURRENT POLICIES
AND PROCEDURES UNDER THIS SECTION AND MAKE THEM AVAILABLE FOR
INSPECTION BY THE COMMISSION UPON REQUEST. IF APPLICABLE,
EMPLOYERS SHALL ALSO KEEP A RECORD OF THE IMMEDIATELY PRECEDING
POLICIES AND PROCEDURES FOR A PERIOD OF THREE YEARS AFTER THE
EFFECTIVE DATE OF THE CURRENT POLICIES AND PROCEDURES AND MAKE
THEM AVAILABLE FOR INSPECTION BY THE COMMISSION UPON REQUEST.
(D) THE COMMISSION SHALL DEVELOP STANDARD POLICIES AND
PROCEDURES THAT MAY BE USED BY EMPLOYERS TO SATISFY THE
REQUIREMENTS UNDER CLAUSE (A). THE POLICIES AND PROCEDURES SHALL
BE MADE PUBLICLY AVAILABLE AT NO COST ON THE PUBLICLY ACCESSIBLE
INTERNET WEBSITE OF THE COMMISSION.
(E) WITHIN FORTY-FIVE DAYS OF ANY CHANGES TO FEDERAL OR
STATE HARASSMENT, DISCRIMINATION OR RETALIATION LAWS THAT WOULD
IMPACT THE STANDARD POLICIES AND PROCEDURES UNDER CLAUSE (D),
THE COMMISSION SHALL PUBLISH THE CHANGES ON ITS PUBLICLY
ACCESSIBLE INTERNET WEBSITE AND TRANSMIT NOTICE OF THE CHANGES
TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT
AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN. THE COMMISSION
SHALL ALERT EMPLOYERS OF CHANGES TO THE STANDARD POLICIES AND
PROCEDURES AND SHALL ESTABLISH AND UTILIZE AN ELECTRONIC
NOTIFICATION SYSTEM TO ISSUE THE ALERTS. AN EMPLOYER SHALL ADOPT
THE REQUIRED CHANGE TO THE STANDARD POLICIES AND PROCEDURES
WITHIN FORTY-FIVE DAYS OF RECEIVING NOTIFICATION OF THE CHANGE
FROM THE COMMISSION.
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(F) A PERSON CLAIMING A VIOLATION OF THIS SECTION MAY MAKE A
COMPLAINT WITH THE COMMISSION. THE COMPLAINT MUST STATE THE NAME
AND ADDRESS OF THE EMPLOYER ALLEGED TO HAVE VIOLATED THIS
SECTION. IF, AFTER INVESTIGATION BY THE COMMISSION, THE
COMMISSION DETERMINES THAT THE EMPLOYER VIOLATED THIS SECTION,
THE COMMISSION SHALL ENDEAVOR TO CAUSE COMPLIANCE WITH THIS
SECTION AND MAY ISSUE A CITATION AND IMPOSE A FINE AS PROVIDED
IN CLAUSE (G).
(G) THE COMMISSION MAY ISSUE CITATIONS AND IMPOSE FINES ON
AN EMPLOYER FOR A VIOLATION OF THIS SECTION AS FOLLOWS:
(1) A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS ($500) AND
NOT MORE THAN ONE THOUSAND DOLLARS ($1,000) FOR THE FIRST
VIOLATION.
(2) A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS ($1,000)
AND NOT MORE THAN FIVE THOUSAND DOLLARS ($5,000) FOR THE SECOND
OR EACH SUBSEQUENT VIOLATION.
(3) UNLESS AN EMPLOYER HAS DEMONSTRATED WILLFUL DISREGARD
FOR THE REQUIREMENTS OF THIS ACT, THE COMMISSION SHALL WAIVE THE
FINE FOR A FIRST-TIME VIOLATION OF THIS SECTION IF THE EMPLOYER
PROVES TO THE SATISFACTION OF THE COMMISSION, WITHIN SIXTY DAYS
OF THE ISSUANCE OF THE CITATION, THAT THE VIOLATION HAS BEEN
CURED. THE COMMISSION MAY WAIVE THE FINE FOR A SECOND-TIME
VIOLATION OF THIS SECTION IF THE VIOLATION IS A RESULT OF THE
EMPLOYER FAILING TO UPDATE POLICIES AND PROCEDURES IN ACCORDANCE
WITH CLAUSE (E), PROVIDED THE EMPLOYER PROVES TO THE
SATISFACTION OF THE COMMISSION, WITHIN SIXTY DAYS OF THE
ISSUANCE OF THE CITATION, THAT THE VIOLATION HAS BEEN CURED.
(H) THE HUMAN RELATIONS TRAINING FUND IS ESTABLISHED AS A
SEPARATE FUND IN THE STATE TREASURY. THE FOLLOWING APPLY:
(1) A FINE IMPOSED AND COLLECTED BY THE COMMISSION UNDER
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CLAUSE (G) OR A CIVIL PENALTY ASSESSED UNDER SECTION 9(F)(2)
SHALL BE DEPOSITED INTO THE HUMAN RELATIONS TRAINING FUND.
(2) THE MONEY IN THE HUMAN RELATIONS TRAINING FUND IS
APPROPRIATED ON A CONTINUING BASIS TO THE COMMISSION TO BE USED
FOR TRAINING, EDUCATION AND OUTREACH.
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
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