SB 316 — 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.

PRINTER'S NO.   250

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 316
                                               Session of
                                                 2025

     INTRODUCED BY TARTAGLIONE, HUGHES, FONTANA, KANE, KEARNEY,
        COMITTA, SCHWANK, SAVAL, HAYWOOD AND COSTA, FEBRUARY 26, 2025

     REFERRED TO LABOR AND INDUSTRY, FEBRUARY 26, 2025


                                    AN ACT
 1   Amending the act of October 27, 1955 (P.L.744, No.222), entitled
 2      "An act prohibiting certain practices of discrimination
 3      because of race, color, religious creed, ancestry, age or
 4      national origin by employers, employment agencies, labor
 5      organizations and others as herein defined; creating the
 6      Pennsylvania Human Relations Commission in the Governor's
 7      Office; defining its functions, powers and duties; providing
 8      for procedure and enforcement; providing for formulation of
 9      an educational program to prevent prejudice; providing for
10      judicial review and enforcement and imposing penalties,"
11      further providing for definitions.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 4(c) and (x) of the act of October 27,
15   1955 (P.L.744, No.222), known as the Pennsylvania Human
16   Relations Act, are amended to read:
17      Section 4.    Definitions.--As used in this act unless a
18   different meaning clearly appears from the context:
19      * * *
20      (c)   The term "employe" [does not include (1) any individual
21   employed in agriculture or in the domestic service of any
22   person, (2) any individuals who, as a part of their employment,
 1   reside in the personal residence of the employer, (3) any
 2   individual employed by said individual's parents, spouse or
 3   child.] means an individual subject to an employer's power to
 4   control the nature and parameters of the individual's
 5   activities, including hiring, firing, training, scheduling,
 6   directing work and proscribing the manner in which the work
 7   should be completed. The term does not include:
 8      (1)   an individual who is employed by and who works on a
 9   casual basis in a home or personal residence of another
10   individual; or
11      (2)   an individual employed by the individual's parent,
12   spouse or child.
13      * * *
14      (x)   The term "independent contractor" includes:
15      (1)   any person who is subject to the provisions governing
16   any of the professions and occupations regulated by State
17   licensing laws enforced by the Bureau of Professional and
18   Occupational Affairs in the Department of State, or is included
19   in [the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et
20   seq.).] 42 U.S.C. Ch. 45 (relating to fair housing); or
21      (2)   any person, other than an employe, who performs a
22   service for remuneration under a contract, written or oral,
23   express or implied, for an employer.
24      * * *
25      Section 2.    This act shall take effect in 60 days.




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