SB 29 — An Act prohibiting discrimination against individuals based on unemployment status; providing for powers and duties of the Department of Labor and Industry; and imposing a penalty.

PRINTER'S NO.   11

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 29
                                               Session of
                                                 2025

     INTRODUCED BY STREET, TARTAGLIONE, COMITTA, HUGHES, COSTA,
        HAYWOOD AND KANE, JANUARY 22, 2025

     REFERRED TO LABOR AND INDUSTRY, JANUARY 22, 2025


                                      AN ACT
 1   Prohibiting discrimination against individuals based on
 2      unemployment status; providing for powers and duties of the
 3      Department of Labor and Industry; and imposing a penalty.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Fair Chance
 8   for Employment Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Applicant."    An individual pursuing employment with an
14   employer or with or through an employment agency.
15      "Department."    The Department of Labor and Industry of the
16   Commonwealth.
17      "Employer."    Any of the following:
18          (1)   The Commonwealth.
 1            (2)   A political subdivision.
 2            (3)   An instrumentality of the Commonwealth or a
 3      political subdivision.
 4            (4)   A person or private entity that employs five or more
 5      employees in the current or preceding calendar year and an
 6      agent of the person or entity.
 7      "Employment."     An occupation or vocation.
 8      "Employment agency."       A person or entity, or an agent
 9   thereof, regularly undertaking with or without compensation the
10   procurement of employees for an employer or to procure
11   opportunities for individuals to work for an employer.
12      "Unemployment status."       An individual's current or recent
13   unemployment.
14   Section 3.     Prohibition.
15      (a)   Prohibition.--An employer or employment agency may not
16   use an applicant's unemployment status as a factor to consider
17   with regard to the hiring or compensation level of an applicant.
18      (b)   Exception.--Nothing in this section shall be construed
19   to prohibit an employer or employment agency from posting a job
20   announcement that provides qualifications for a job opening,
21   including:
22            (1)   Holding a current and valid professional or
23      occupational license, certificate, registration, permit or
24      other credential.
25            (2)   A minimum level of education or training or
26      professional, occupational or field experience.
27   Section 4.     Enforcement.
28      (a)   Penalty.--The department, after reasonable
29   investigation, may assess a penalty not to exceed $500 for a
30   violation of section 3.

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1      (b)   Procedure.--An action or adjudication of the department
2   under this section shall be subject to 2 Pa.C.S. Chs. 5 Subch. A
3   (relating to practice and procedure of Commonwealth agencies)
4   and 7 Subch. A (relating to judicial review of Commonwealth
5   agency action).
6   Section 5.   Effective date.
7      This act shall take effect in 90 days.




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