It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or in the case of a fraternal corporation or association, unless based upon membership in such association or corporation, or except where based upon applicable security regulations established by the United States or the Commonwealth:
(a) For any employer, because of the race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability of any individual, to refuse to hire or employ or to bar or to discharge from employment such an individual, or to otherwise discriminate against such individual with respect to compensation, hiring, tenure or terms, conditions or privileges of employment, if the individual is the best able and most competent to perform the services required. This subsection shall not apply to:
(1) Termination of employment because of the terms or conditions of any bona fide retirement or pension plan;
(2) The operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of minimum service requirements;
(3) The operation of the terms or conditions of any bona fide group or employee insurance plan; or
(4) Age limitations placed upon entry into bona fide apprenticeship programs of two years or more approved by the State Apprenticeship and Training Council of the Department of Labor and Industry, established by the Act of July 14, 1961 (P.L. 604, No. 304), known as "The Apprenticeship and Training Act."
Notwithstanding any provision of this subsection, it shall not be an unlawful employment practice for a religious corporation or association to hire or employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification because of the religious beliefs, practices or observances of that corporation or association.
(b) For any employer, employment agency or labor organization, prior to employment or admission to membership, to:
(1) Elicit any information or make or keep a record of or use any form of application or application blank containing questions or entries concerning the race, color, religious creed, ancestry, sex, national origin or past handicap or disability of any applicant for employment or membership. An employer may inquire as to the existence and nature of a present handicap or disability. To determine whether or not such handicap or disability substantially interferes with the ability to perform the essential function of the employment which is applied for, is being engaged in or has been engaged in, the employer must inquire beyond the mere existence of a handicap or disability.
(2) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability;
(3) Deny or limit, through a quota system, employment or membership because of race, color, religious creed, ancestry, age, sex, national origin, non-job related handicap or disability or place of birth;
(4) Substantially confine or limit recruitment or hiring of individuals, with intent to circumvent the spirit and purpose of this chapter, to any employment agency, employment service, labor organization, training school, training center or any other employee-referring source which services individuals who are predominantly of the same race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability; or
(5) Deny employment because of a prior handicap or disability.
Nothing in this subsection shall bar any institution or organization for handicapped or disabled persons from limiting or giving preference in employment or membership to handicapped or disabled persons.
(c) For any labor organization, because of the race, color, religious creed, ancestry, age, sex or national origin of any individual, to deny full and equal membership rights to any individual or otherwise to discriminate against such individual with respect to hiring, tenure, terms, conditions or privileges of employment or any other matter, directly or indirectly, related to employment;
(d) For any employer, employment agency or labor organization to discriminate in any manner against any individual because such individual has opposed any practice forbidden by this chapter, or because such individual has made a charge, testified or assisted, in any manner, in any investigation, proceeding or hearing under this chapter;
(e) For any person, whether or not an employer, employment agency, labor organization or employee, to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discrimination practice, to obstruct or prevent any person from complying with this chapter or any order issued hereunder or to attempt, directly or indirectly, to commit any act declared by this section to be an unlawful discriminatory practice;
(f) For any employment agency to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of his or her race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability;
(g) For any individual seeking employment to publish or cause to be published any advertisement which specifies or in any manner expresses his or her race, color, religious creed, ancestry, age, sex or national origin, or in any manner expresses a limitation or preference as to the race, color, religious creed, ancestry, age, sex or national origin of any prospective employer;
(h) For any person to:
(1) Refuse to sell, lease, finance or otherwise to deny or withhold commercial housing from any person because of the race, color, religious creed, ancestry, sex, national origin or handicap or disability of any prospective owner, occupant or user of such commercial housing, or to refuse to lease commercial housing to any person due to use of a guide dog because of the blindness or deafness of the user;
(2) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, or otherwise withhold financing of commercial housing from any person because of the race, color, religious creed, ancestry, sex, national origin or handicap or disability of any present or prospective owner, occupant or user of such commercial housing;
(3) Discriminate against any person in the terms or conditions of selling or leasing any commercial housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any commercial housing because of the race, color, religious creed, ancestry, sex, national origin or handicap or disability of any present or prospective owner, occupant or user of such commercial housing, or discriminate against any person in the terms of leasing any commercial housing or in furnishing facilities, services or privileges in connection with the occupancy or use of any commercial housing due to the use of a guide dog because of the blindness or deafness of the user;
(4) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing because of the race, color, religious creed, ancestry, sex, national origin or handicap or disability of any present or prospective owner, occupant or user of such commercial housing;
(5) Print, publish or circulate any statement or advertisement relating to the sale, lease or acquisition of any commercial housing or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing which indicates any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry, sex, national origin or handicap or disability, or print, publish or circulate any statement or advertisement relating to the lease of any commercial dwelling which indicates any preference, limitation, specification or discrimination based upon the use of a guide dog because of the blindness or deafness of the user; or
(6) Make any inquiry, elicit any information, make or keep any record or use any form or application containing questions or entries concerning race, color, religious creed, ancestry, sex, national origin or handicap or disability in connection with the sale or lease of any commercial housing or with the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, or make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning the use of a guide dog because of the blindness or deafness of the user, in connection with the lease of any commercial housing;
Nothing in this subsection shall bar any religious or denominational institution or organization, any charitable or educational organization, which is operated, supervised or controlled by or in connection with a religious organization, or any bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained, nor shall it apply to the rental of rooms or apartments in a landlord occupied rooming house with a common entrance.
Nothing in this subsection shall be construed to prohibit the refusal to hire or the dismissal of a person who is not able to function properly in the job applied for or engaged in.
(i) For any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, to:
(1) Refuse, withhold from or deny to any person, because of his or her race, color, religious creed, ancestry, sex, national origin or handicap or disability, or to any person due to the use of a guide dog because of the blindness or deafness of the user, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of such place of public accommodation, resort or amusement; or
(2) Publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, color, religious creed, ancestry, sex, national origin or handicap or disability, or to any person due to the use of a guide dog because of the blindness or deafness of the user, and that such a person is unwelcome, objectionable or not acceptable, desired or solicited;
(j) For any person subject to this chapter to fail to post and exhibit prominently in his or her place of business any fair practices notice prepared and distributed by the Pennsylvania Human Relations Commission; or
(k) For any employer to discriminate against an employee or a prospective employee because he or she only has a general education development certificate as compared to a high school diploma. However, if vocational technical training or other special training is required with regard to a specific person, then such training or special training may be considered by the employer.
(Ord. 18-85. Passed 7-24-85.)