(a) 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, the Commonwealth of Pennsylvania, or the City of York; for any employer because of the race, color, religious creed, ancestry, age, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or non-job related disability or the use of a guide or support animal because of the disability of any individual or independent contractor, to refuse to hire or employ or contract with, or to bar or to discharge from employment such individual or independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to compensation, hire, tenure, terms, conditions or privileges of employment or contract, if the individual or independent contractor is the best able and most competent to perform the services required.
(b) For any employer, employment agency or labor organization, prior to the employment, contracting with an independent contractor or admission to membership, to:
(1) Make any inquiry, 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, age, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability or the use of guide or support animal because of the disability of an applicant for employment or membership. Prior to an offer of employment, an employee may not inquire as to whether an individual has a disability or as to the severity of such disability. An employer may inquire as to the individual's ability to perform the essential functions of the employment.
(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, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, non-job related disability or the use of a guide or support animal because of the disability of the user.
(3) Deny or limit, through a quota system or otherwise, employment or membership because of race, color, religious creed, ancestry, age, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, non-job related disability, the use of a guide or support animal because of the disability of the user.
(4) Substantially confine or limit recruitment or hiring of individuals, with intent to circumvent the spirit and purpose of this act, to any employment agency, employment service, labor organization, training school or training center or any other employee referring source.
(5) Deny employment because of, or a perception of, a prior disability.
(6) Nothing above shall prevent the Commission from requiring reports, information or answers to questions regarding race, color, religious creed, ancestry, age, sex, disability, the use of a guide or support animal, national origin or sexual orientation in connection with their compliance procedure or affirmative action or educational programs.
Nothing in subsection (b) hereof shall bar any institution or organization for disabled persons from limiting or giving preference in employment or membership to disabled persons.
(c) For any labor organization because of the race, color, religious creed, ancestry, age, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, non-job related disability or the use of a guide or support animal because of the disability of any individual to deny full and equal membership rights to any individual or otherwise discriminate against such individuals with respect to hire, tenure, terms, conditions or privileges of employment or any other matter, directly or indirectly, related to employment.
(d) For any person, employer, employment agency or labor organization to discriminate in any manner against any individual because such individual has opposed any practice forbidden by this act, or because such individual has made a charge, testified or assisted, in any manner, in any investigation, proceeding or hearing under this article.
(e) For any person, 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 discriminatory practice, or to obstruct or prevent any person from complying with the provisions of this article or any order issued thereunder, or to attempt, directly or indirectly, to commit any act declared by this section to be an unlawful discriminatory practice. (See also Section 185.06(b)).
(f) For any employment agency to fail or refuse to classify properly, refer for employment or otherwise to discriminate against any individual because of his race, color, religious creed, ancestry, age, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, non-job related disability or the use of a guide or support animal because of the disability of the user.
(g) For any individual seeking employment to publish or cause to be published any advertisement which in any manner expresses a limitation or preference as to the race, color, religious creed, ancestry, age, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, non-job related disability or the use of a guide or support animal because of the disability of any prospective employee.
(h) For any employer to discriminate against an employee or a prospective employee because the employee only has a diploma based on passing a general educational development test as compared to a high school diploma. However, should vocational technical training or other special training be required with regard to a specific position, then such training or special training may be considered by the employer.
(i) To exclude or otherwise deny equal jobs or benefits to a person because of the disability of an individual with whom the person is known to have a relationship or association.
(j) It shall not be an unlawful employment practice for an employer to express a preference for a certain kind of applicant where the position to be filled requires special qualifications, skills or experience as long as such preference is not on the basis of race, color, religious creed, ancestry, age, sex, national origin or disability, hairstyles and protective and cultural hair textures and hairstyles, the use of a guide or support animal, or sexual orientation or gender identification. Likewise, this section of the article shall not 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.
(Ord. 32-2022. Passed 5-18-22.)