reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › BONA FIDE OCCUPATIONAL QUALIFICATIONS › Section 41.71 - Bona fide occupational qualification definition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is anticipated that section 5 of the
						Pennsylvania Human Relations Act (43 P. S. §
													955) which allows employment practices
						otherwise prohibited if based upon a bona fide occupational qualification will
						have limited scope and application.
(b) Discrimination in employment based upon
						race, color, religious creed, ancestry, age, sex or national origin is valid as
						a bona fide occupational qualification only when it is reasonably necessary to
						the essence of the normal operation of a particular business or
						enterprise.
(c) A bona fide
						occupational qualification allowing discrimination in employment is permissible
						only when the employer can prove a factual basis for believing that all or
						substantially all members of a class covered by the act would be unable to
						perform safely and efficiently the duties of the job involved. Absent such a
						showing, an applicant for a job in issue may be excluded only upon a
						demonstration of individual incapacity.
(d) The employer, employment agency or union
						has the burden of establishing that race, color, religious creed, ancestry,
						age, sex or national origin qualifies as a bona fide occupational
						qualification.
(e) The application
						of the exception is not warranted if based upon reasons such as, but not
						limited to:
(1) Assumptions of the comparative
						general employment characteristics of persons of a particular race, color,
						religious creed, ancestry, age, sex or national origin, such as their turnover
						rate.
(2) Stereotyped
						characteristics of the aforementioned classes, such as their mechanical ability
						or aggressiveness.
(3) Customer,
						client, co-worker or employer preference, or historical usage, tradition or
						custom.
(4) The necessity of
						providing separate facilities of a personal nature, such as restrooms or
						dressing rooms.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › RETENTION OF EMPLOYMENT RECORDS › Section 41.81 - Employers

Current through Register Vol. 54, No. 28, July 13, 2024
A record, document and data pertaining to the
						  employment, transfer, promotion and dismissal of individuals actually employed
						  shall be preserved by employers subject to the Pennsylvania Human Relations Act
						  (43
						  P. S. §§
													951-963) for 120 days
						  following termination of employment. Company application-for-employment forms
						  filled out by unsuccessful applicants shall be preserved in like manner by the
						  employers for 120 days following the filing of the forms. These records shall
						  be made available during business hours for inspection by authorized
						  representatives of the Commission, and shall be subject to subpoena duces tecum
						  upon failure to show the records.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › RETENTION OF EMPLOYMENT RECORDS › Section 41.82 - Notice to employer

Current through Register Vol. 54, No. 28, July 13, 2024
Until the final disposition of the complaint, the
						  respondent employer shall be required to retain one of the following
						  records:
(1) Employment records
						relating to the complainant and other employes holding a position similar to
						that held by the complainant, in a complaint filed by a present or previous
						employe of the respondent.
(2) The
						application-for-employment forms filed by the complainant and other candidates
						for the same position as that for which the complainant applied and was
						rejected, in a complaint filed by an unsuccessful applicant.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter B - OFFICERS AND EXECUTIVE COMMITTEE › Section 41.91 - Chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The Chairperson of the Commission will be designated by
						the Governor and will preside at meetings of the Commission, certify acts and
						proceedings of the Commission and otherwise perform the duties and functions
						pertaining to the office of Chairperson of the Commission.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter B - OFFICERS AND EXECUTIVE COMMITTEE › Section 41.92 - Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The secretary of the Commission will be elected annually
						by the Commission at its first meeting of the calendar year and will hold
						office until a successor has been elected and qualified. The secretary will
						keep minutes of meetings held by the Commission, attest certificates of the
						Commission by affixing his signature thereto and will otherwise perform the
						duties and functions pertaining to the office of secretary of the
						Commission.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter B - OFFICERS AND EXECUTIVE COMMITTEE › Section 41.93 - Executive committee

Current through Register Vol. 54, No. 28, July 13, 2024
Two members of the Commission will be elected annually at
						the first meeting of the Commission in a calendar year, who, together with the
						Chairperson, constitutes the executive committee of the Commission. The two
						commissioners to be elected annually will hold office until the first meeting
						of the next calendar year or until their successors have been elected and
						qualified. The executive committee will have the power to order prehearing
						conferences and public hearings between regular meetings of the Commission but
						each case which has been ordered for prehearing conference or public hearing by
						the executive committee will be subject to approval and ratification by the
						Commission prior to the issuance of the notice for the
						hearing.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter B - OFFICERS AND EXECUTIVE COMMITTEE › Section 41.94 - Vice Chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The Vice Chairperson of the Commission will be elected
						annually by the Commission at its first meeting of the calendar year and, in
						the absence or inability of the Chairperson to serve, will perform the
						following:
(1) Preside at meetings of
					 the Commission.
(2) Certify acts,
					 records and proceedings.
(3)
					 Execute the duties and have the powers of the Chairperson.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter B - OFFICERS AND EXECUTIVE COMMITTEE › Section 41.95 - Assistant secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The assistant secretary will be elected by a majority of
						the Commission at its first meeting in each calendar year to serve until his
						successor has been qualified and elected. The assistant secretary will serve
						and have the powers and duties of the secretary in his absence or inability to
						serve.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter C - PREGNANCY, CHILDBIRTH AND CHILDREARING › Section 41.101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Disability due to pregnancy or
						childbirth
-Disabilities caused or contributed to by pregnancy,
						miscarriage, abortion, childbirth and recovery therefrom are, for job related
						purposes, temporary disabilities and should be treated as such in written and
						unwritten employment practices and policies.
Pregnancy
-The state of being in
						gestation. Pregnancy is a physiological process. Pregnant women, however, have
						a variable degree of disability on an individual basis during which time they
						are unable to perform their usual activities. This subchapter relates to
						pregnancies without regard to the marital status of the
						mother.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter C - PREGNANCY, CHILDBIRTH AND CHILDREARING › Section 41.102 - Employment

Current through Register Vol. 54, No. 28, July 13, 2024
A written or unwritten employment policy or practice
						which excludes from employment applicants or employes because of pregnancy is
						in prima facie violation of the Pennsylvania Human Relations Act (43 P. S.
						§§
												951-963). The burden shifts to
						an employer to justify, and clearly demonstrate, the factual basis for his or
						her assertion that exclusion from employment because of pregnancy is
						warranted.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter C - PREGNANCY, CHILDBIRTH AND CHILDREARING › Section 41.103 - Employment benefits and security during disability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Temporary disability due to
					 pregnancy or childbirth.
Written and unwritten employment practices
					 and policies regarding job benefits and job security, including, but not
					 limited to, commencement and duration of leave, the availability of extensions,
					 the accrual of seniority and other benefits and privileges, reinstatement and
					 payment under any health or temporary disability insurance or sick leave plan,
					 formal or informal, shall be applied to disability due to pregnancy or
					 childbirth on the same terms and conditions as they are applied to other
					 temporary disabilities.
(b)
Permanent disability due to pregnancy or childbirth.
Written
					 and unwritten employment practices and policies regarding job benefits and job
					 security, including, but not limited to, commencement and duration of leave,
					 the availability of extensions, the accrual of seniority and other benefits and
					 privileges, reinstatement and payment under a health or disability insurance or
					 sick leave plan, formal or informal, shall be applied to permanent disability
					 due to pregnancy or childbirth on the same terms and conditions as they are
					 applied to other permanent disabilities.
(c)
Other.
Mandatory
					 maternity leave policies which require a pregnant employe to take leave
					 automatically at a specified time during pregnancy or to remain away from work
					 after she has recovered from her disability are in violation of the
					 Pennsylvania Human Relations Act (43 P.S. §§
												951-963). An employer shall accept the
					 determination of a pregnant employe's physician regarding pregnancy-related
					 disabilities where it accepts the medical judgment regarding other
					 disabilities.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter C - PREGNANCY, CHILDBIRTH AND CHILDREARING › Section 41.104 - Childrearing leave

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nothing in
					 this subchapter prohibits an employment policy that permits granting of leave
					 for purposes of childrearing beyond the period of actual disability, but the
					 leave may not include payment of sickness or disability benefits.
(b) Should an employer maintain a written or
					 unwritten employment policy or practice which allows employes leave for
					 purposes of childrearing and child care, the leave shall be equally applicable
					 to both male and female employes. The word "child" or "children" used in this
					 section includes children by birth or adoption.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.201 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter ensures that all unlawful discriminatory
						practices proscribed by the PHRA and all unfair educational practices
						proscribed by the PFEOA are interpreted and applied consistently. This subpart
						also ensures that all complaints filed with the PHRC are investigated
						consistent with the rules outlined in this subchapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.202 - Construction

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter shall be construed liberally for the
						accomplishment of the purposes of the PHRA and the PFEOA.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.203 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter shall be subject to and enforced in
						accordance with the PHRA, the PFEOA, Chapter 42 (relating to Special Rules of
						Administrative Practice and Procedure) and 1 Pa. Code Part II (relating to
						General Rules of Administrative Practice and Procedure).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.205 - Religious creed discrimination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The term "eligious creed'' as used in the PHRA and the PFEOA includes all
					 aspects of religious observance, practice or belief.
(b) The term "religious creed'' as used in
					 the PHRA and the PFEOA includes the failure to provide a reasonable
					 accommodation for a religious observance or practice.
(c) An employer, housing provider, public
					 accommodation or person covered under the PHRA and the PFEOA may assert an
					 undue hardship defense to the request for a reasonable accommodation.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.206 - Sex discrimination

Current through Register Vol. 54, No. 28, July 13, 2024
The term "sex'' as used in the PHRA and the PFEOA
						includes all of the following:
(1)
					 Pregnancy.
(2) Sex assigned at
					 birth.
(3) Gender, including a
					 person's gender identity or gender expression.
(4) Affectional or sexual orientation,
					 including heterosexuality, homosexuality, bisexuality and asexuality.
(5) Differences of sex development,
					 variations of sex characteristics or other intersex characteristics.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 41 - PRELIMINARY PROVISIONS › Subchapter D - PROTECTED CLASSES › Section 41.207 - Race discrimination

Current through Register Vol. 54, No. 28, July 13, 2024
The term"race'' as used in the PHRA and the PFEOA
						includes all of the following:
(1)
					 Ancestry, national origin or ethnic characteristics.
(2) Interracial marriage or
					 association.
(3) Traits associated
					 with race.
(4) Hispanic ancestry,
					 national origin or ethnic characteristics, including, but not limited to,
					 persons of Mexican, Puerto Rican, Central or South American or other Spanish
					 origin or culture.
(5) Persons of
					 any other national origin or ancestry as specified by a complainant in a
					 complaint.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 42.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Under 1 Pa. Code §
											31.1 (relating to scope of part),
					 1 Pa. Code Part II (relating to general rules of administrative practice and
					 procedure), is applicable to the activities of and proceedings before the
					 Commission, except as otherwise provided in this chapter or where inconsistent
					 with this chapter, the act or the Fair Educational Opportunities Act.
(b) The following sections of the general
					 rules of administrative practice and procedure are not applicable to activities
					 of and proceedings before the Commission:
(1)
					 1 Pa. Code §
												33.3 (relating to incorporation by
					 reference).
(2) 1 Pa. Code §
												33.4 (relating to single pleading
					 or submittal covering more than one matter).
(3) 1 Pa. Code §
												35.1 (relating to applications
					 generally).
(4) 1 Pa. Code §
												35.2 (relating to contents of
					 applications).
(5) 1 Pa. Code
					 §
												35.14 (relating to orders to show
					 cause).
(6) 1 Pa. Code §
												35.20 (relating to appeals from
					 action of staff).
(7) 1 Pa. Code
					 §
												35.23 (relating to protest
					 generally).
(8) 1 Pa. Code §
												35.24 (relating to effect of
					 protest).
(9) 1 Pa. Code
					 §§
												35.27 -35.32 (relating to
					 intervention).
(10) 1 Pa. Code
					 §§
												35.36 -35.39 (relating to
					 answers).
(11) 1 Pa. Code §
												35.41 (relating to satisfaction of
					 complaints).
(12) 1 Pa. Code
					 §§
												35.101-35.106 (relating to general;
					 notice of hearing).
(13) 1 Pa. Code
					 §
												35.125(b)
					 (relating to order of procedure).
(14) 1 Pa. Code §
												35.152 (relating to fees of
					 officers and deponents).
(15) 1 Pa.
					 Code §§
												35.164 and 35.165 (relating to
					 evidence).
(16) 1 Pa. Code
					 §§
												35.178 -35.180 (relating to
					 motions).
(17) 1 Pa. Code §
												35.188(b)
					 (relating to restrictions on duties and activities).
(18) 1 Pa. Code §
												35.190 (relating to appeals to
					 agency head from rulings of presiding officers).
(19) 1 Pa. Code §§
												35.201-35.214 (relating to proposed
					 reports generally).
(20) 1 Pa. Code
					 §
												35.221 (relating to briefs and
					 oral argument in absence of proposed report).
(21) 1 Pa. Code §§
												35.231-35.232 (relating to reopening of
					 record).
(22) 1 Pa. Code §
												35.241 (relating to application
					 for rehearing or reconsideration).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 42.2 - Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 shall be construed liberally for the accomplishment of the purposes of the act
					 and the Fair Educational Opportunities Act.
(b) Subsection (a) supplements 1 Pa. Code
					 §
											31.2 (relating to liberal
					 construction).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 42.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 words and terms, when used in this chapter, have the following meanings, unless
					 the context clearly indicates otherwise:
Act
-The Pennsylvania Human Relations Act
						(43
						P. S. §§
													951-963).
Adult
-An individual who is 18 years of
						age or older.
Chairperson
-The Chairperson of the
						Commission.
Commission
-The Human Relations
						Commission of the Commonwealth, its Commissioners, staff and counsel.
Complaint
-A complaint as required under
						the act, the Fair Educational Opportunities Act or this chapter.
Fair Educational Opportunities Act
-The
						Pennsylvania Fair Educational Opportunities Act (24 P. S. §§
													5001-5010).
Fair Housing Act
-The Fair Housing Act of
						1968 ( 42 U.S.C.A.
						§§
													3601 -
						3619.
Motions commissioner
-A commissioner
						designated under §
												42.131 (relating to motions
						commissioners and motions examiners).
Motions examiner
-An examiner designated
						under § 42.131.
Office of the agency
-The appropriate
						Regional Office of the Commission.
Party
-The complainant or the
						respondent.
Staff
-The term includes, but is not
						limited to, the Executive Director and deputy directors, regional directors and
						other personnel the Commission may appoint. Duties of the staff include, but
						are not limited to, the following:
(i)
					 Receiving, initiating, amending, processing, serving and investigating formal
					 and informal complaints.
(ii)
					 Conducting conferences, conciliations and other meetings for which the
					 regulations and the applicable statutes provide.
(iii) Conducting other investigations for
					 which the applicable statutes provide.
(iv) Determining whether or not probable
					 cause exists to credit the allegations of the complaint.
(v) Advising and educating the public and
					 issuing publications, notices, recommendations and guidelines to effectuate the
					 policies and purposes of the applicable statutes.
Staff counsel
-The staff of attorneys
						designated by the Commission to give legal assistance to complainants appearing
						before the Commission. The term does not include the permanent hearing
						examiners and other attorneys designated by the Commission to render legal
						advice to Commissioners on complaints before the Commissioners for public
						hearing.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - GENERAL REQUIREMENTS › Section 42.12 - Caption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Filings in any
					 proceeding before the Commission shall contain a caption setting forth the
					 names of the parties, the docket number of the action, and the name of the
					 pleading or motion, and shall be entitled "Commonwealth of
					 Pennsylvania-Governor's Office-Pennsylvania Human Relations
					 Commission."
(b) Subsection (a)
					 supplements 1 Pa. Code §
											31.5(a) (relating
					 to communications and filings generally) and 1 Pa. Code §
											33.1 (relating to
					 title).
This section cited in 16 Pa. Code §
													42.34 (relating to
						  motions).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - GENERAL REQUIREMENTS › Section 42.13 - Number of copies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise directed or permitted by the Commission, and except as provided by
					 §
											42.121 (relating to briefs), there
					 shall be furnished to the Commission an original and two conformed copies of
					 pleadings, submittals or documents, other than correspondence, which are
					 submitted to the Commission.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											33.15 (relating to number of
					 copies).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - GENERAL REQUIREMENTS › Section 42.14 - Time of filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 complaint shall be filed within 180 days from the occurrence of the alleged
					 unlawful discriminatory practice, but the computation of the 180 days does not
					 include a period of time which is excludable as a result of waiver, estoppel or
					 equitable tolling. If the alleged unlawful discriminatory practice is of a
					 continuing nature, the date of the occurrence of the practice will be deemed to
					 be any date subsequent to the occurrence of the practice up to and including
					 the date upon which the unlawful discriminatory practice shall have
					 ceased.
(b) A complaint filed under
					 the Fair Educational Opportunities Act shall be filed as specified in
					 subsection (a) except that the complaint shall be filed within 6 months from
					 the date of the occurrence of the alleged unfair educational
					 practice.
(c) A complaint will be
					 deemed filed on the date received by the Commission.
(d) Complaints that are not verified or that
					 do not otherwise fully conform with a requirement of a complaint before the
					 Commission will be considered filed on the date received by the Commission but
					 may be quashed, as justice may require, if the nonconformity is not remedied by
					 amendment or otherwise within a reasonable time. Prior to the quashing of a
					 complaint, the Commission will notify the complainant, in writing, and will
					 provide an opportunity to explain why the complaint should not be quashed under
					 this section.
(e) Subsections
					 (a)-(d) supersede 1 Pa. Code §
											31.11 (relating to timely filing
					 required).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - PLEADINGS AND OTHER PRELIMINARY MATTERS › Section 42.32 - Contents of complaint and answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The complaint may be by letter or other writing and shall set forth the
					 following:
(1) The name and address of the
					 person claiming to be aggrieved, the Commission or the Attorney General, who
					 will be designated as the complainant.
(2) The name and address of the person, labor
					 organization, employment agency or educational institution alleged to have
					 committed the practice complained of, who will be designated as the
					 respondent.
(3) The particulars of
					 the unlawful discriminatory practice complained of.
(4) A verification consisting of a sworn oath
					 or affirmation or an unsworn statement by the signer to the effect that the
					 complaint is made subject to the penalties of
					 18 Pa.C.S. §
													4904
					 (relating to unsworn falsification to authorities).
(5) Other information as may be required by
					 the Commission.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - PLEADINGS AND OTHER PRELIMINARY MATTERS › Section 42.33 - Effect of answer and new matter; effect of failure to file answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An allegation
					 of new matter contained in the answer, including the alleged facts underlying
					 defenses raised, will be deemed denied without the necessity of a
					 reply.
(b) Averments of fact in the
					 complaint are admitted if not denied specifically or by necessary implication
					 in a timely answer. A statement by the respondent in the answer that after
					 reasonable investigation the respondent is without knowledge or information
					 sufficient to form a belief as to the truth of an averment shall have the
					 effect of a denial.
(c) If the
					 Commission staff determines that a complaint sets forth sufficient facts to
					 raise an inference of unlawful discrimination under the act, and the respondent
					 has failed to deny these facts in an answer, or has failed to file a timely
					 answer, the staff may petition the Commission, through the appropriate motions
					 commissioner or examiner, for a rule to show cause why this failure should not
					 result in a finding of probable cause, and a judgment for the complainant on
					 the issue of liability. If the Commission staff fails to file a petition within
					 10 days of the respondent's failure to file a timely answer, including
					 extensions granted under §
											42.31 (relating to commencement of
					 proceedings by complaint and answer under the acts), the complainant may,
					 thereafter, also file a petition. The Commissioner or examiner will then cause
					 the rule to be issued and served on the respondent for a reply.
(d) Upon consideration of the petition,
					 replies to the rule to show cause, and other information as the motions
					 commissioner or examiner may deem necessary or appropriate, the commissioner or
					 examiner will do one of the following:
(1)
					 For good cause, permit an otherwise untimely answer, which has been filed and
					 is well pled, to stand, and return the case to the staff for further
					 appropriate action.
(2) Order an
					 answer to be filed by a date certain, with the failure to file resulting in an
					 appropriate order or recommendation under paragraph (3) or (4).
(3) Return the case to the staff for further
					 appropriate action, if the complaint does not appear to set forth sufficient
					 facts to raise an inference of unlawful discrimination.
(4) Recommend to the Commission a finding of
					 probable cause, and the entry of a judgment for the complainant on the issue of
					 liability, to be followed by a public hearing on the issue of damages if
					 conciliation efforts fail.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - PLEADINGS AND OTHER PRELIMINARY MATTERS › Section 42.34 - Motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motions or
					 other requests for procedural rulings or relief shall be filed with the
					 Commission in writing, set forth the ruling or relief sought, state the grounds
					 therefor and the statutory or other authority relied upon, include a proposed
					 order and comply with §
											42.12 (relating to
					 caption).
(b) Motions made during a
					 preliminary or public hearing under this chapter may be stated orally on the
					 record. The presiding officer may require oral or written supplementation as
					 the officer deems necessary or appropriate.
(c) Replies to motions filed in accordance
					 with subsection (a) shall be in writing. The staff counsel shall reply to
					 motions, which seek to limit the Commission's ability to proceed with a
					 complaint, by making whatever good faith arguments may exist in favor of the
					 Commission's continued ability to proceed.
(d) Written motions and replies thereto shall
					 be served by the submitting party upon all parties to the proceeding.
(e) Upon the filing and consideration of a
					 motion, any replies thereto, and other information the Commission may deem
					 necessary or appropriate to obtain, the Commission will issue and serve the
					 parties with a written ruling thereon, including the reasons for the
					 ruling.
(f) Subsections (a)-(c) and
					 (e) supplement 1 Pa. Code §
											35.54 (relating to motions as to
					 complaint).
(g) Subsection (d)
					 supplements 1 Pa. Code §§
											33.31-33.37 (relating to service of
					 documents).
This section cited in 16 Pa. Code §
													42.131 (relating to Motions
						  Commissioners and Motions
						  Examiners).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - PLEADINGS AND OTHER PRELIMINARY MATTERS › Section 42.35 - Amendment of complaint or answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The complaint or answer may be amended at any time prior to approval of a
					 hearing on the merits and thereafter by leave of the Commissioners, hearing
					 commissioners or permanent hearing examiner.
(b) The complaint may be amended to cure
					 technical defects or omissions, to clarify or amplify allegations made therein,
					 or to add material allegations which are related to or grow out of the subject
					 matter of the original complaint, and these amendments shall relate back to the
					 original filing date of the complaint.
(c) The complaint may not be amended to
					 delete an allegation under §
											42.36(a)
					 (relating to complaints seeking relief for persons other than the named
					 complainant) except by leave of the Commission upon a showing that the
					 amendment will not prejudice the interests of the class of unnamed persons upon
					 whose behalf the complaint was brought.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §
											35.48(b)
					 (relating to amendment of pleadings generally).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - PLEADINGS AND OTHER PRELIMINARY MATTERS › Section 42.36 - Complaints seeking relief for persons other than the named

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever a
					 person seeks relief for unnamed persons, other than a cease and desist order,
					 the complaint shall include an allegation to the effect that the complaint is
					 made on behalf of other persons who have been affected by the alleged unlawful
					 discriminatory practice.
(b) The
					 Commission will not enter into an adjustment or settlement of a complaint,
					 which includes a subsection (a) allegation, unless the Commission determines
					 that the adjustment or settlement does not prejudice or, in the alternative,
					 adequately protects the interests of the class of unnamed persons upon whose
					 behalf the complaint was brought.
(c) The inclusion of any person within a
					 class of unnamed persons under subsection (a) does not preclude the person from
					 filing and pursuing an individual complaint of unlawful discrimination before
					 the Commission.
This section cited in 16 Pa. Code §
													42.35 (relating to amendment of
						  complaint or answer).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.41 - Initiation of investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Upon filing of a complaint or when there is reason to believe that an unlawful
					 discriminatory practice has been committed, the Commission staff will make a
					 prompt investigation in connection therewith.
(b) When a complaint contains one or more
					 allegations under section 5(h) or 5.3 of the act (43 P. S. §§
												955(h) and
					 955.3), involving unlawful
					 housing discrimination cognizable under the Fair Housing Act, or under section
					 5(d) or (e) of the act, if the underlying or supporting action involves
					 unlawful housing discrimination cognizable under the Fair Housing Act, the
					 investigation concerning those allegations shall be commenced within 30 days
					 and completed within 100 days after the filing of the complaint, unless it is
					 impracticable to do so, in which case the Commission will notify the parties in
					 writing of the reasons for not doing so.
(c) Investigations conducted by the
					 Commission prior to the approval of a public hearing on the merits of a
					 complaint will be conducted by the Commission staff, who may employ the
					 discovery measures in this subchapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.42 - Authorization to employ discovery measures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to the approval of a public hearing
					 on the merits of a complaint, and except as may otherwise be permitted by a
					 preliminary hearing officer as necessary or appropriate for the parties to
					 prepare for a preliminary hearing, the discovery measures in this subchapter
					 may be employed only by the staff.
(b) After the approval of a public hearing on
					 the merits of a complaint, the discovery measures in this subchapter may be
					 employed by the staff, by the complainant if he is not represented by staff
					 counsel under §
											42.106 (relating to attorney or
					 designated agent of complainant; forms) and by the respondent.
(c) Except as limited by subsections (a) and
					 (b), this subchapter will not be construed to prohibit the voluntary use of any
					 discovery measure that may be agreed upon by all persons affected thereby,
					 without need to apply to the Commission therefor. All parties shall attempt, in
					 good faith, to engage in voluntary discovery prior to the making of an
					 application.
(d) Subsection (a)
					 supersedes 1 Pa. Code §§
											35.142 and
					 35.145 (relating to subpoenas; and
					 depositions).
(e) Subsection (b)
					 supplements 1 Pa. Code §§
											35.142-35.152 (relating to subpoenas; and
					 depositions).
This section cited in 16 Pa. Code §
													42.44 (relating to
						  interrogatories); 16 Pa. Code §
													42.48 (relating to issuance of
						  subpoenas); 16 Pa. Code §
													42.51 (relating to depositions);
						  and 16 Pa. Code §
													42.54 (relating to production of
						  documents and things and entry for inspection and other
						  purposes).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.43 - Oral interviews and other investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission staff may interview all
					 persons whose statements may provide information concerning the allegations of
					 the complaint.
(b) Upon initiation
					 of an investigation, the Commission may require the production of all
					 documents, information, records, files or other materials necessary to
					 determine facts relevant to the allegations of the complaint.
(c) The Commission staff may require any
					 person to make available information, in the form of documents, records, files
					 or other materials for inspection, copying or photographing during the
					 Commission investigation.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.44 - Interrogatories

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As authorized
					 in §
											42.42 (relating to authorization
					 to employ discovery measures), written interrogatories may be served upon any
					 person to be answered in writing by the person served or other authorized
					 personnel. Interrogatories served upon a public or private corporation,
					 partnership or association shall be answered by an officer or agent who is
					 authorized to furnish the requested information.
(b) Supplemental interrogatories or sets of
					 interrogatories may be served.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.45 - Answers to interrogatories

Current through Register Vol. 54, No. 28, July 13, 2024
Answers to interrogatories may be filed. If filed, they
						shall conform to the following rules:
(1) Each interrogatory shall be answered
					 separately and fully in writing.
(2) The answers to a set of interrogatories
					 shall be properly executed as provided in 1 Pa. Code §
											33.11 (relating to
					 execution).
(3) The recipient of
					 the interrogatory shall serve a copy of the answers to the interrogatories upon
					 the Commission or other requesting party within 20 days after service of the
					 interrogatories.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.48 - Issuance of subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As
					 authorized in §
											42.42 (relating to authorization
					 to employ discovery measures), a request for a subpoena for documents or things
					 shall be submitted to a motions commissioner or presiding officer specifying in
					 writing the books, papers, documents or other material desired and setting
					 forth the general relevance, materiality and scope of the evidence sought
					 therefrom. The Commissioner or officer may thereafter sign and cause the
					 subpoena to be issued for service.
(b) As authorized in § 42.42, a request
					 for the issuance of a subpoena for testimony to require attendance at a
					 deposition or hearing shall be submitted to a motions commissioner or presiding
					 officer specifying in writing the general relevance, materiality and scope of
					 the evidence sought from the testimony. The Commissioner or officer may
					 thereafter sign and cause the subpoena to be issued for service.
(c) A person upon whom a subpoena is served
					 shall file objections, in writing, within the time specified for compliance
					 with the subpoena, except that the time may be extended by the motions
					 commissioner or presiding officer if justice requires. The objections will be
					 reviewed by the Commissioner or officer, who will rule thereon.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §
											35.142(a)
					 (relating to subpoenas).
This section cited in 16 Pa. Code §
													42.51 (relating to depositions);
						  and 16 Pa. Code §
													42.103 (relating to subpoena for a
						  hearing upon the merits).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.49 - Service of subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 subpoena may be served by any adult member of the staff not a party to the
					 proceeding, or by another adult, not a party to the proceeding, who is so
					 authorized by the issuer of the subpoena.
(b) A subpoena will be served by exhibiting
					 the original subpoena and handing a copy of the subpoena to one of the
					 following:
(1) To the person designated for
					 service.
(2) At the residence of
					 the person designated for service, to an adult member of the family with which
					 the designated person resides; but if no adult member of the family is found
					 then to an adult in charge of the residence.
(3) At any office or usual place of business
					 of the person designated for service, to the designated person's agent or the
					 person for the time being in charge thereof.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.50 - Enforcement of subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
A subpoena issued by the Commission, at the request of
						the Commission staff, may be enforced by staff counsel by petition to the
						appropriate court or district attorney, or both. Any other subpoena issued by
						the Commission may be enforced by the party requesting the subpoena by petition
						to the appropriate court.
This section cited in 16 Pa. Code §
													42.51 (relating to depositions);
						  16 Pa. Code §
													42.54 (relating to production of
						  documents and things and entry for inspection and other purposes); and 16 Pa.
						  Code §
													42.103 (relating to subpoena for a
						  hearing upon the merits).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.51 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As authorized
					 in §
											42.42 (relating to authorization
					 to employ discovery measures), application for permission to take a deposition
					 may be made to a motions commissioner or motions examiner as provided in 1 Pa.
					 Code §
											35.146 (relating to notice and
					 application). If the application so warrants, the Commissioner or examiner will
					 issue and serve the authorization as provided in 1 Pa. Code §
											35.147 (relating to authorization
					 of taking deposition).
(b)
					 Attendance of the person to be examined by deposition may be compelled by the
					 use of a subpoena as provided in §§
											42.48 and
					 42.50 (relating to issuance of
					 subpoenas; and enforcement of subpoenas).
(c) If a deponent to be examined at a
					 deposition refuses to be sworn or to answer a question, the deposition shall be
					 completed on other matters or adjourned, as the proponent of the swearing or
					 question may prefer. Thereafter, upon reasonable notice and opportunity for
					 reply to all persons affected thereby, the proponent may apply to a motions
					 commissioner or examiner for an order compelling the witness to be sworn or to
					 answer a question, in whole or in part, which order may be enforced as with a
					 subpoena under § 42.50.
(d)
					 Subsection (a) supplements 1 Pa. Code §§
											35.145-35.150 (relating to
					 depositions).