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
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 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9(b) and (e) of the act of October 27,
1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act, are amended and the section is amended by adding
subsections to read:
Section 9. Procedure.--* * *
(b) (1) After the filing of any complaint, or whenever
there is reason to believe that an unlawful discriminatory
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practice has been committed, the Commission shall make a prompt
investigation in connection therewith. If the Commission does
not complete its investigation, it may, after one hundred eighty
days of receiving a complaint, make a determination in
accordance with subsection (c). A hearing under subsection (e)
shall occur only if probable cause of disparate treatment exists
and the parties choose not to settle.
(2) The Commission shall send a copy of the complaint to the
named respondent within [thirty] twenty days from the date of
docketing the complaint, unless otherwise required by the Fair
Housing Act[.] in accordance with the following:
(i) The Commission shall not request information a second
time after a respondent provides the information to the
Commission's request.
(ii) If a respondent fails to provide evidence or the
Commission has reasonable proof that a respondent has failed to
provide requested information, the Commission may request the
Attorney General subpoena the information on behalf of the
Commission.
(3) A respondent shall file a written, verified answer to
the complaint within [thirty] twenty days of service of the
complaint, unless otherwise required by the Fair Housing Act.
The Commission, upon request of the respondent, may grant an
extension of not more than thirty additional days, unless
otherwise required by the Fair Housing Act.
(4) After service of the complaint, the Commission shall
encourage voluntary and informed predetermination settlements
between parties, including mediation by a neutral arbitrator
under rules and procedures specified by the Commission.
* * *
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(e) The case in support of the complaint shall be presented
before the Commission or before a permanent hearing examiner
designated by the Commission for the purpose of hearing said
complaint by one of its attorneys or agents, by the
complainant's attorney or by a designated agent of the
complainant. The respondent may appear at such hearing in person
or otherwise, with or without counsel, and submit testimony. The
complainant may likewise appear at such hearing in person or
otherwise, with or without counsel, and submit testimony. The
Commission or the complainant shall have the power reasonably
and fairly to amend any complaint, and the respondent shall have
like power to amend his answer. The Commission shall not be
bound by the strict rules of evidence prevailing in courts of
law or equity. The Commission or the permanent hearing examiner
shall make a determination within thirty days after the
conclusion of the hearing. The testimony taken at the hearing
shall be under oath and be transcribed[.] and shall be heard for
a period of not more than five days. If the Commission or the
permanent hearing examiner determines, upon request of either
party, that more time is necessary, the hearing may extend an
additional seven days.
* * *
(k) Only disparate treatment claims may be brought under
this act. Disparate treatment may be proven by a repeated
history and pattern of decisions that have a disparate impact on
an individual class protected under this act.
(l) Except as otherwise provided under law, an unlawful
discriminatory practice is established when the complainant
demonstrates that discrimination was a motivating factor for any
employment practice, even though other factors also motivated
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the practice.
Section 2. The act is amended by adding a section to read:
Section 11.1. Reimbursement Against Wrongful Claims.-- After
a hearing under section 9(e), if a claim against a defendant is
determined to be unfounded, the defendant may seek and the
Commission may award reimbursement for reasonable attorney fees
incurred during the proceedings under section 9.
Section 3. Section 12 of the act is amended by adding a
subsection to read:
Section 12. Construction and Exclusiveness of Remedy.--
* * *
(g) Nothing in this act shall prohibit an employer from
requiring an employe, during the employe's hours at work, to
adhere to reasonable dress or grooming standards not prohibited
by other provisions of Federal, State or local law.
Section 4. Section 12.1 of the act is repealed:
[Section 12.1. Local Human Relations Commissions.--(a) The
legislative body of a political subdivision may, by ordinance or
resolution, authorize the establishment or membership in and
support of a Local Human Relations Commission. The number and
qualifications of the members of any local commission and their
terms and method of appointment or removal shall be such as may
be determined and agreed upon by the legislative body, except
that no such member shall hold office in any political party.
Members of a local commission shall serve without salary but may
be paid expenses incurred in the performance of their duties.
(b) The legislative body of any political subdivision shall
have the authority to appropriate funds, in such amounts as may
be deemed necessary, for the purpose of contributing to the
operation of a local commission including the payment of its
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share of the salary of an investigator or staff member acting
jointly for it and one or more other local commissions.
(c) The local commission shall have the power to appoint
such employes and staff, as it may deem necessary, to fulfill
its purpose including the power to appoint an investigator or
staff member to act jointly for it and one or more other local
commissions.
(d) The legislative bodies of political subdivisions shall
have the authority to grant to local commissions powers and
duties similar to those now exercised by the Pennsylvania Human
Relations Commission under the provisions of this act.
(e) The local human relations commission shall notify the
Pennsylvania Human Relations Commission of complaints received
involving discriminatory acts within that commission's
jurisdiction.]
Section 5. The act is amended by adding a section to read:
Section 12.3. Local Human Relations Commissions
Prohibited.-- (a) The legislative body of a political
subdivision may not, by ordinance or resolution, authorize the
establishment or membership in and support of a local human
relations commission with the same powers as the Commission
under this act.
(b) This act shall apply to each local human relations
commission. Each local human relations commission shall comply
with the policies and procedures in place for the Commission.
(c) A case brought before a local human relations commission
may not be brought before the Commission.
Section 6. The amendment of section 9(b) and (e) of the act
shall apply to complaints filed with the commission under
section 9(a) of the act on or after the effective date of this
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section.
Section 7. This act shall take effect in 60 days.
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