Pennsylvania HB 826: An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for definitions and for unlawful discriminatory practices.

Bill Text

PRINTER'S NO. 853
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 826
Session of
2025
INTRODUCED BY KHAN, FLICK, PASHINSKI, DALEY, CERRATO, FLEMING,
BRENNAN, SHUSTERMAN, VENKAT, HOHENSTEIN, GIRAL, NEILSON,
SANCHEZ, PROBST, GUENST, BOROWSKI, HOWARD, FREEMAN, KENYATTA,
HILL-EVANS, FRANKEL, OTTEN, DEASY, GREEN AND CURRY,
MARCH 6, 2025
REFERRED TO COMMITTEE ON TOURISM, RECREATION AND ECONOMIC
DEVELOPMENT, MARCH 6, 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 definitions and for unlawful
discriminatory practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4 and 5 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, are amended by adding clauses to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(bb) The term "attendant care services" includes the
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following:
(1) Services that enable an eligible individual to live in
the eligible individual's home and community and to carry out
the functions of daily living, self-care and mobility which
shall include:
(i) Getting in and out of a bed, wheelchair or motor
vehicle.
(ii) Assistance with routine bodily functions, including:
(A) Health maintenance activities.
(B) Bathing and personal hygiene.
(C) Dressing and grooming.
(D) Feeding, including preparation and cleanup.
(E) Critical cognitive tasks and tasks required to
participate in community events, including managing
transportation, handling tickets and communicating with others.
(2) The services provided to an individual who is eligible
for a home and community-based waiver under 42 U.S.C. § 1396n(c)
(relating to compliance with State plan and payment provisions).
(cc) The term "eligible individual" includes an individual
with a disability who requires assistance to complete activities
of daily living, self-care and mobility, including attendant
care services.
(dd) The term "personal care attendant" includes an
individual who provides attendant care services to an eligible
individual.
Section 5. Unlawful Discriminatory Practices.--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
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applicable security regulations established by the United States
or the Commonwealth of Pennsylvania:
* * *
(m) For any owner, lessee, proprietor, manager,
superintendent, agent or employe of a public accommodation to
not provide free admission to a personal care attendant whose
attendance is necessary to enable an eligible individual to
attend or tour an entertainment, educational, sporting or other
event open to the public which charges admission, provided that
the personal care attendant is not required to be provided a
seat with a view of the event and may be directed to a seat and
location in close proximity to the eligible individual where the
eligible individual may be accommodated.
Section 2. This act shall take effect in 90 days.
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