PRINTER'S NO. 2688
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2105
Session of
2024
INTRODUCED BY SCOTT, MADDEN, McANDREW, PROBST, GIRAL, HANBIDGE,
KINSEY, SCHLOSSBERG, SANCHEZ, NEILSON, HILL-EVANS, MADSEN,
CERRATO, SHUSTERMAN, WAXMAN AND DALEY, MARCH 14, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 14, 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 definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) and (c) of the act of October 27,
1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act, are amended to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(b) The term "employer" includes the Commonwealth or any
political subdivision or board, department, commission or school
district thereof and any person employing [four] two or more
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persons within the Commonwealth, but except as hereinafter
provided, does not include religious, fraternal, charitable or
sectarian corporations or associations, except such corporations
or associations supported, in whole or in part, by governmental
appropriations. The term "employer" with respect to
discriminatory practices based on race, color, age, sex,
national origin or non-job related handicap or disability,
includes religious, fraternal, charitable and sectarian
corporations and associations employing [four] two or more
persons within the Commonwealth.
(c) The term "employe" [does not include (1) any individual
employed in agriculture or in the domestic service of any
person, (2) any individuals who, as a part of their employment,
reside in the personal residence of the employer, (3) any
individual employed by said individual's parents, spouse or
child.] means an individual subject to an employer's power to
control the nature and parameters of the individual's
activities, including hiring, firing, training, scheduling,
directing work and prescribing the manner in which the work
should be completed. The term does not include:
(1) An individual who is working on a casual basis in a home
or personal residence of that employer but who is employed by
another individual. For the purposes of this paragraph, the term
"casual basis" means only occasionally, at comparatively long
and irregular intervals, for limited and temporary purposes,
with the hiring in each instance being a matter of special
engagement.
(2) An individual employed by the individual's parent,
spouse or child.
* * *
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Section 2. This act shall take effect in 60 days.
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