reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › ADDITIONAL REQUIREMENTS › Section 45.193 - Good faith efforts

Current through Register Vol. 54, No. 28, July 13, 2024
An advertiser will be deemed to have acted in good
						  faith if the advertiser complies with one or more of the following:
(1) As to an advertisement for "housing for
						older persons," as defined by the Federal Fair Housing Act (42 U.S.C.A. §§
													3601-3619) and the act, if the
						advertiser produces a signed written statement by a housing provider which
						states that the facility or community complies with the requirements of the
						housing for older persons exemption and the advertiser has no actual knowledge
						that the facility or community is not actually eligible for the
						exemption.
(2) If the word or
						phrase complained of is in compliance with the list in §
												45.181 (relating to words to be
						avoided) and is not, on its face, discriminatory within the context of the
						advertisement.
(3) If the
						advertiser produces a written Commission advisory, obtained by use of the
						procedure in §
												45.192(2)
						(relating to affirmative defenses), that the language complained of is legal,
						within the same context in which the advertiser requested the opinion from the
						Commission.
The provisions of this §
														45.193 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter B - HOUSING ADVERTISEMENTS-GUIDELINES AND STATEMENT OF POLICY › ADDITIONAL REQUIREMENTS › Section 45.194 - Federal regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Federal regulations published by the Department of
						  Housing and Urban Development, regarding housing advertisements in areas of
						  concurrent jurisdiction, preempt anything to the contrary in this
						  subchapter.
The provisions of this §
														45.194 issued under sections 1-6
							 of the Pennsylvania Human Relations Act (43 P. S.
							 §§
															954,
							 955,
							 959,
							 959.1,
							 959.1 note, 959.3 and
							 963).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.201 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Advertisements covered by section 5(h)(5) of the act
						(43
						P. S. §
												955(h)(5))
						shall be subject to a schedule of civil penalties for violation of section
						5(h)(5) of the act by the advertiser and the publisher in instances when the
						complainant does not take action to secure housing accommodations for financing
						and is not denied housing accommodations or financing based on the alleged
						discriminatory language in the advertisement. Section 5(h)(5) of the act states
						that it is an unlawful act to:
"Print, publish or circulate any statement or
						advertisement:
(i) relating to the
					 sale, lease or acquisition of any housing accommodation or commercial property
					 or the loan of money, whether or not secured by mortgage, or otherwide for the
					 acquisition, construction, rehabilitation, repair or maintenance of any housing
					 accommodation or commercial property which indicates any preference,
					 limitation, specification, or discrimination based upon race, color, familial
					 status, age, religious creed, ancestry, sex, national origin, handicap or
					 disability or because of the handicap or disability of an individual with whom
					 the person is known to have a relationship or association, or
(ii) relating to the sale, lease or
					 acquisition of any housing accommodation or commercial property which indicates
					 any preference limitation, specification, or discrimination based upon use of a
					 guide or support animal because of the blindness, deafness or physical handicap
					 of the user or because the user is a handler or trainer of support of guide
					 animals"
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.202 - Initial procedure

Current through Register Vol. 54, No. 28, July 13, 2024
When the Commission becomes aware of an unlawful
						advertisement, which is subject to a citation, from sources other than
						aggrieved persons seeking housing or commercial property or financing in
						connection therewith, the following procedures apply:
(1) The advertisements shall be forwarded to
					 the appropriate regional housing staff in their original form, if possible,
					 with information regarding their publication.
(2) Housing staff shall complete the
					 Commission Citation Form (see §
											45.204 (relating to form)).
(i) The form shall be forwarded to the
					 housing director for review and transmittal to the Executive
					 Director/designee.
(ii) The
					 Executive Director/designee shall sign and return the citation to the housing
					 director.
(iii) The Housing
					 Director shall cause the citation to be entered on an appropriate database
					 assigning the citation a number consisting of:
(A) "C" = Citation
(B) "1,2,3" = Regional Office
(C) "Y" = Calendar Year
(D) "#" = Representing sequential numerical
					 docketing
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.203 - Administrative procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Procedures will be established in the Commission's Office of Administration to:
(1) Process checks and forward them when
					 violations are admitted.
(2) Escrow
					 checks for those citations when a hearing is requested.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.204 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An order
					 following a hearing shall be issued by the citation officer who may:
(1) Order the payment of the amount of the
					 citation.
(2) Modify the amount of
					 payment.
(3) Dismiss the citation
					 and direct the return of the payment.
(4) Order remedial actions or reasonable
					 cost, or both.
(5) Order other
					 appropriate equitable relief.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.205 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals of an order issued by the citation officer shall
						be made to the Commission.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.206 - Enforcement of orders/nonpayment of civil penalties/default judgment

Current through Register Vol. 54, No. 28, July 13, 2024
Requests for enforcement of nonpayment of civil
						penalties/default judgment shall be made to the Commission and filed with the
						appropriate court/agency when approved by the Commission.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 45 - HOUSING ACCOMMODATIONS/COMMERCIAL PROPERTY › Subchapter C - CITATION PROCEDURE-STATEMENT OF POLICY › Section 45.207 - Schedule of civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Penalties
. The following penalties apply:
Publisher
Advertiser
First Citation
250
250
Second Citation
500
500
Third Citation
Formal Process
Formal Process
(b)
Formal process
. When, in
					 the Commission's judgment, the action of a party in the event of a third
					 citation warrants, the Commission has the following options:
(1) To impose a maximum penalty on a multiple
					 basis.
(2) To file a Commission
					 initiated complaint.
(3) To seek
					 legal recourse, including those under section 11 of the act (43 P. S. §
													961).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › GENERAL PROVISIONS › Section 47.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 delineates the rules governing the fair educational practices provisions of the
					 Pennsylvania Human Relations Act (43 P. S. §§
												951-963) and the Fair Educational
					 Opportunities Act (24 P. S. §§
												5001-5010).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › SCHOOLS › Section 47.11 - Jurisdiction of the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Kindergartens, primary and secondary schools, high schools, academies, colleges
					 and universities, extension courses and educational institutions operating
					 within and under the supervision of the Commonwealth which are open to, accept
					 or solicit the patronage of the general public, are subject to the jurisdiction
					 of the Human Relations Commission (Commission) and shall provide equal
					 educational opportunities for students seeking admission, without reference to
					 race, religion, color, ancestry or national origin.
(b) Sections 3(1) and 5 of the Pennsylvania
					 Fair Educational Opportunities Act (24 P. S. §§
												5003(1) and
					 5005) vest jurisdiction in
					 the Commission to deal with schools, colleges, universities and professional
					 schools of post-secondary grade and also with secretarial, business, vocational
					 or trade schools of secondary or post-secondary grade. Sections 4(l), 5(i) and
					 6 of the Pennsylvania Human Relations Act (43 P. S. §§
												954(l),
					 955(i) and 956) give the
					 Commission authority to deal with other schools enumerated in this
					 chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › ADMISSION PROCEDURES › Section 47.21 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
Every school subject to the provisions of the
						Pennsylvania Human Relations Act (43 P. S. §§
												951-963) and the Pennsylvania Fair
						Educational Opportunities Act (24 P. S. §§
												5001-5010) shall on or before September 1 of
						each year file with the Human Relations Commission (Commission) a written
						statement setting forth in detail the procedures it follows in admitting
						students. The statement shall include information disclosing who determines the
						admission policy, who executes the policy, what specific procedures are
						followed and what factors are taken into consideration in accepting or
						rejecting a student. New or amended statements shall be filed by a school if
						and when any changes in the admission procedures from those previously
						described in the written statement filed with the Commission are adopted by the
						school.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › APPLICATION FORMS › Section 47.31 - Illegal questions

Current through Register Vol. 54, No. 28, July 13, 2024
A school may continue to use its supply of
						applications-for-admission forms which it had on hand when the Pennsylvania
						Human Relations Act (43 P. S. §§
												951-963) and the Pennsylvania Fair
						Educational Opportunities Act (24 P. S. §§
												5001-5010) came into effect, provided that
						illegal questions and entries therein are entirely blocked out. When the supply
						of forms is exhausted and new application-for-admission forms are printed, the
						illegal questions and entries shall be omitted and deleted from the newly
						printed forms.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › APPLICATION FORMS › Section 47.32 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
Copies of the application-for-admission form and other
						written forms required to be filled out and signed by an applicant prior to
						admission shall be filed with the Human Relations Commission (Commission) on or
						before September 1 of each year by every school which is subject to the
						provisions of the Pennsylvania Human Relations Act (43 P. S. §§
												951-963) and the Pennsylvania Fair
						Educational Opportunities Act (24 P. S. §§
												5001-5010). If a change is made in a written
						form thus filed, the new or amended form shall be forthwith filed with the
						Commission by the school.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › EXEMPTIONS › Section 47.51 - Special circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
A school subject to the provisions of the Pennsylvania
						Human Relations Act (43 P. S. §§
												951-963) and the Pennsylvania Fair
						Educational Opportunities Act (24 P. S. §§
												5001-5010) may submit to the Pennsylvania
						Human Relations Commission a request in writing for exemption from one or more
						of the provisions of the statutes and assign reasons for requesting the
						exemption. The Commission will consider the request so received, will determine
						in each instance whether or not to grant the request, and will promptly notify
						the school of its final decision.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › INQUIRIES › Section 47.61 - After admission

Current through Register Vol. 54, No. 28, July 13, 2024
A school subject to the provisions of the Pennsylvania
						Human Relations Act (43 P. S. §§
												951-963) and the Pennsylvania Fair
						Educational Opportunities Act (24 P. S. §§
												5001-5010) may properly ask its students,
						after admission, questions which reveal their race, color, religious creed,
						ancestry or national origin, provided that the information will not be used for
						the purpose of discriminating against the students because of their race,
						color, religious creed, ancestry or national origin.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › INQUIRIES › Section 47.62 - Prior to admission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Generally, it is not lawful for a school subject to the Pennsylvania Human
					 Relations Act (43 P. S. §§
												951-963) and the Pennsylvania Fair
					 Educational Opportunities Act (24 P. S. §§
												5001-5010) to ask questions of applicants,
					 prior to admission, either orally or in writing, the answers to which may
					 reveal the race, color, religious creed, ancestry or national origin of the
					 applicants. However, where an educational institution is required to supply
					 information to the Federal government concerning birth and citizenship of an
					 applicant residing in a foreign country in order to expedite his entry into the
					 United States, it shall be lawful to submit a questionnaire to the foreign
					 applicant requesting the required information. The questionnaire shall be
					 subject to the following:
(1) Clearly marked
					 for the attention of the foreign student only.
(2) Not made part of or attached to the
					 application-for-admission form commonly used by the educational
					 institution.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS › Section 47.71 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
An educational institution which claims exemption under
						the terms of the Pennsylvania Fair Educational Opportunities Act (24 P. S.
						§§
												5001-5010) as a religious or
						denominational educational institution shall file with the Human Relations
						Commission a written statement setting forth pertinent facts and claiming the
						exemption.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS › Section 47.72 - Effect of exemption

Current through Register Vol. 54, No. 28, July 13, 2024
A school certified by the Human Relations Commission
						(Commission) as a "religious or denominational educational institution" may
						select its students exclusively or primarily from members of the religion or
						denomination and also may give preference in the selection to the members.
						Where a complaint has been filed against a religious or denominational
						educational institution, the Commission will have the authority to visit the
						institution for the purpose of investigating the facts relating to the
						complaint.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS › Section 47.73 - Limitation of exemption

Current through Register Vol. 54, No. 28, July 13, 2024
A school certified by the Human Relations Commission
						(Commission) as a "religious or denominational educational institution" are not
						exempt from the provisions of the Pennsylvania Human Relations Act
						(43
						P. S. §§
												951-963) and the
						Pennsylvania Fair Educational Opportunities Act (24 P. S. §§
												5001-5010) from affording students, otherwise
						qualified, an equal opportunity to attend therein without discrimination
						because of race, color, ancestry or national origin. The Commission will have
						jurisdiction of a complaint against a religious or denominational educational
						institution where the substance of the complaint alleges that students within
						the preferential group have been discriminated against because of their race,
						color, ancestry or national origin.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 47 - EDUCATIONAL INSTITUTIONS › RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS › Section 47.74 - Preadmission inquiries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 "religious or denominational educational institution" may request an applicant,
					 prior to admission, to state whether he is a member of the particular religion
					 or denomination as that of the institution to which the student is applying for
					 admission. Thus, a Baptist-supported school may ask, prior to admission, "Are
					 you Baptist?" and a Catholic-supported school may ask, prior to admission, "Are
					 you Catholic?" but neither may ask, prior to admission, "What is your
					 religion?"
(b) A religious or
					 denominational educational institution may not ask an applicant, prior to
					 admission, questions which may reveal the race, color, ancestry or national
					 origin of the applicant, nor may an institution request an applicant, prior to
					 admission, to submit a photograph.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › GENERAL PROVISIONS › Section 49.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Age
-40 to 62 years, inclusive.
Commission
-The Pennsylvania Human
						Relations Commission created by the Pennsylvania Human Relations Act
						(43
						P. S. §§
												951-963).
Commonwealth
-The Commonwealth of
						Pennsylvania.
Contractor
-A contractor, supplier,
						vendor or other person who, through a contract or other arrangement, has
						received, is to receive, or is receiving public funds or in kind contributions
						from the Commonwealth; and shall include a subcontractor who performs under a
						State contract. Contractors, whether corporate or natural persons, are
						designated in this chapter by the use of third person neuter pronouns.
Hearing examiner
-An individual attorney,
						or Hearing Examiner Board including at least one attorney, designated to
						conduct hearings either by the Commission or by a state contracting
						agency.
Labor organization
-An organization which
						exists for the purpose, in whole or in part, of collective bargaining or of
						dealing with employers concerning terms or conditions of employment or of other
						mutual aid or protection in relation to employment.
Minority, minorities, minority person
or
minority group persons
-Persons who may be excluded or
						discriminated against because of race, color, religious creed, national origin,
						ancestry, sex or age.
Nondiscrimination clause
-The clause to
						be included in State contractual agreements or other arrangements under the
						provisions set forth in §
											49.101 (relating to
						nondiscrimination clause).
Order
-Executive Order 1972-1.
Person
-A natural person, corporation,
						partnership, unincorporated association, State or local government and any
						agency, commission, authority, board or other instrumentality or political
						subdivision of government.
State contract
-An agreement, purchase
						order or arrangement or modification thereof between the Commonwealth or a
						State contracting agency, and a person to be paid in whole or in part, directly
						or indirectly, by public funds or in kind contributions from the
						Commonwealth.
State contracting agency
or
agency
-A department, agency, commission, authority,
						establishment or other instrumentality of the Commonwealth and any wholly or
						partially owned government corporation, subject to the jurisdiction of the
						Governor, which enters into contracts.
This section cited in 16 Pa. Code §
													49.101 (relating to
						  nondiscrimination clause).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › GENERAL PROVISIONS › Section 49.2 - Policy and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Nondiscrimination and equal opportunity are the policy of
						the Commonwealth and the Commission in all its decisions, programs and
						activities. The purpose of this chapter is to achieve the aims of the United
						States and Pennsylvania Constitutions, Executive Order 1984-1 codified at 4 Pa.
						Code §§
											1.161-1.167 (relating to affirmative
						action), the Pennsylvania Human Relations Act (43 P. S. §§
												951-962.2), and
						43
						P. S. §
												153, by assuring that all
						persons are accorded equal employment opportunity without regard to race,
						color, national origin, ancestry, religious creed, age or sex. This chapter
						applies to the contracting agencies of this Commonwealth and to contractors who
						perform under State contracts.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.11 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of Contract Compliance, a designee of the
						Commission, is the officer responsible for the administration of a uniform
						contract compliance program for equal employment opportunity for all State
						agencies under the direction of the Commission.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.12 - Supervision

Current through Register Vol. 54, No. 28, July 13, 2024
Though each agency is primarily responsible for obtaining
						compliance with the provisions of this chapter and has management control over
						its officers and employes, the Commission, through the Director of Contract
						Compliance, will supervise, monitor and coordinate programs of the agency
						contract compliance officers and provide uniform guidelines and procedures,
						when appropriate, for the performance of their duties.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.13 - Review of compliance program

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of Contract Compliance will review,
						periodically, the operation of the contract compliance program and take
						whatever action is necessary to assure the proper implementation of this
						chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.14 - Requesting information

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of Contract Compliance may request from
						agency contract compliance officers information and assistance that may be
						necessary to enforce this chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.15 - Hearing examiners

Current through Register Vol. 54, No. 28, July 13, 2024
The Attorney General will, in consultation with the
						Director of Contract Compliance review the qualifications of each of the
						contracting agency hearing examiners in order to determine their competence to
						adjudicate questions of employment discrimination, and will approve the hearing
						examiners as are found qualified to hold hearings under this
						chapter.
This section cited in 16 Pa. Code §
													49.64 (relating to certified
						  examiners).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.16 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of Contract Compliance will act under the
						direction of the Commission, and make periodic, formal reports to the
						Commission that the Commission will require as to the progress of
						implementation of the provisions of this chapter. The Commission will forward a
						copy of these formal reports to the Governor.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.17 - Order of imposition of sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
If sanctions are recommended against contractors
						involving coordinated action by more than one Commonwealth agency, the Director
						of Contract Compliance will approve the imposition of the sanctions prior to
						their transmittal of a notice of noncompliance under §
											49.62 (relating to notice of
						noncompliance).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.18 - Complaints by employes

Current through Register Vol. 54, No. 28, July 13, 2024
Complaints by employes or applicants for employment of a
						State contractor received by the Director of Contract Compliance will be
						referred to the Commission for investigation. The Commission shall forward the
						results of an investigation to the Director of Contract Compliance who may take
						whatever action is authorized by the provisions of this
						chapter.
This section cited in 16 Pa. Code §
													49.65 (relating to investigation
						  of complaints).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.19 - Cooperation with other agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of Contract Compliance shall make every
						effort, directly and through State contracting agencies, other interested
						State, Federal and local agencies, State recipients and all other available
						instrumentalities including the Commission to cause a contractor or labor union
						engaged in work under State contracts to cooperate in the implementation of
						this chapter. The Director of Contract Compliance may, in appropriate cases,
						notify the Commission and the respective contracting agencies whenever the
						Director of Contract Compliance has evidence that the practices of any
						contractor or labor union are in violation of the Pennsylvania Human Relations
						Act (43 P. S. §§
												951-963),
						43
						P. S. §
												153, this chapter and other
						related State laws. The Director of Contract Compliance may also, in
						appropriate cases, notify the Federal Equal Employment Opportunity Commission,
						the Office of Federal Contract Compliance or the Federal agency to which the
						OFCC has specifically delegated its contract compliance authority when the
						Director has evidence that the practices of a contractor or labor union violate
						the Federal Civil Rights Act of 1964 (42 U.S.C.A. §
												2000 et seq.)
						or other related Federal laws.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE › Section 49.20 - Meetings with Contract Compliance Advisory Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of Contract Compliance shall meet regularly
						with the Contract Compliance Advisory Board to receive the assistance, advice
						and recommendations of the Board on the implementation of the Contract
						Compliance Program, and to report on the implementation of that
						program.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.31 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
The head of a Commonwealth contracting agency shall
						designate a qualified agency contract compliance officer and other qualified
						staff as necessary.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.32 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
An agency contract compliance officer shall be primarily
						responsible for obtaining compliance with the nondiscrimination clause, this
						chapter and orders issued by the Director of Contract
						Compliance.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.33 - Access to information

Current through Register Vol. 54, No. 28, July 13, 2024
An agency contract compliance officer shall have free
						access to documents and other sources of information relevant to the
						implementation of the provisions of this chapter within the officer's agency,
						but the contents of the documents will not be disclosed to a person except for
						a purpose directly related to the implementation of the provisions of this
						chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.34 - Cooperation with the Director of Contract Compliance

Current through Register Vol. 54, No. 28, July 13, 2024
An agency contract compliance officer shall cooperate
						with the Director of Contract Compliance and shall furnish the information,
						reports and assistance as the Director of Contract Compliance may require in
						the implementation of this chapter. An agency contract compliance officer shall
						furnish the Director of Contract Compliance with copies of all official
						communications and official notices or other documents as shall be required by
						the Director of Contract Compliance.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.35 - Information concerning compliance by contractors

Current through Register Vol. 54, No. 28, July 13, 2024
An agency contract compliance officer may, in accordance
						with priorities established in cooperation with the Director of Contract
						Compliance, obtain and inspect relevant documents and papers of contractors
						doing business with that officer's agency, including any information regarding
						existing affirmative action programs, reasonably necessary to determine whether
						or not the contractor is in compliance with this chapter. To the greatest
						extent possible, agency contract compliance officers shall attempt to minimize
						the burden and expense of the requirements for information by the
						following:
(1) Utilizing forms and
					 standards similar to those used by the Federal equal employment opportunity
					 programs.
(2) Accepting forms and
					 reports prepared for Federal agencies where the information contained therein
					 is sufficient for the Commonwealth's purposes.
(3) Minimizing duplication of programs and
					 procedures.
(4) Inspecting and
					 copying relevant documents contained in a contractor's files rather than
					 requiring the contractor to provide them.
(5) Accepting as in compliance with the
					 provisions of this chapter an "affirmative action plan" or "hometown" plan
					 approved by the Federal authorities or a plan issued by a court order or
					 decree, unless it can be clearly demonstrated that the plans are not in
					 conformity with the provisions of this chapter.
This section cited in 16 Pa. Code §
													49.101 (relating to
						  nondiscrimination clause).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.37 - Notifying contractor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
					 review, the agency contract compliance officer shall notify the contractor
					 whether or not it has been found to be in compliance. If deficiencies are found
					 to exist as a result of a compliance review, reasonable efforts shall be made
					 to secure compliance through conciliation and persuasion. The commitment may
					 include preparation and implementaion of an affirmative action program as
					 described in this chapter.
(b) The
					 commitments shall include the precise action to be taken and dates for
					 completion. The time period estimated shall be no longer than the minimum
					 period necessary to effect the changes.
(c) A contractor shall be considered in
					 compliance if it makes every good faith effort to keep the
					 commitments.
This section cited in 4 Pa. Code §
													68.1 (relating to summary of
						  controlling law and regulation); 16 Pa. Code §
													49.51 (relating to purpose); and
						  16 Pa. Code §
													49.62 (relating to notice of
						  noncompliance).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › POWERS AND DUTIES OF THE AGENCY CONTRACT COMPLIANCE OFFICER › Section 49.38 - Bidders list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an agency
					 requires bidders to be prequalified, the agency contract compliance officer
					 shall immediately begin, under the supervision of the Director of Contract
					 Compliance, to establish a program to require compliance with this chapter by
					 all persons on the prequalified bidder's list by the date as shall be
					 determined by the Director of Contract Compliance in consultation with the
					 Commission and the agency. A person not in compliance as of the date shall be
					 subject to administrative hearing and adjudication in compliance with the
					 2
					 Pa.C.S. §§
												501-508 and
					 701-704 (relating to
					 practice and procedure of Commonwealth agencies and judicial review of
					 Commonwealth agency action), deemed unqualified and excluded from the bidder's
					 list until the time as their qualification is established.
(b) It shall be the duty of a State agency to
					 award and administer contracts in a nondiscriminatory manner. In doing so, it
					 shall be permissible for the agency to take affirmative action to attract
					 minority and female contractors, including specialized recruiting drives,
					 publicity and assistance in bid preparation to ameliorate an imbalance caused
					 by prior discrimination resulting in the exclusion or under-representation of
					 the contractors.
(c) In publication
					 of invitations to bid, each agency shall advertise in minority as well as
					 general news media. r
(d) Nothing
					 in this subsection shall be interpreted to detract from the concept of
					 competitive bidding.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › CONTRACT COMPLIANCE ADVISORY BOARD › Section 49.41 - General

Current through Register Vol. 54, No. 28, July 13, 2024
The commission shall establish and appoint members of a
						board to be known as the Contract Compliance Advisory Board. The Board will be
						composed of representatives of labor unions, state contractors and other
						interested groups. The purpose of the board will be to assist and advise the
						Commission in its implementation of the contract compliance
						program.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › AFFIRMATIVE ACTION PROGRAM › Section 49.51 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An affirmative
					 action program is a set of specific and result oriented procedures to which a
					 contractor shall apply every good faith effort. The objective of those
					 procedures and efforts is to assure equal employment opportunity. An acceptable
					 affirmative action program shall include an analysis of areas within which the
					 contractor may be discriminating, unintentionally or otherwise, against
					 minority groups and women; and further goals and timetables to which the good
					 faith efforts of the contractor shall be directed to correct the deficiencies
					 and, thus to eliminate all discrimination against minority groups and women at
					 all levels and in all segments of its work force. A necessary prerequisite to
					 the development of a satisfactory affirmative action program is the
					 identification and analysis of problem areas of minority group (including
					 women) employment, and an evaluation of opportunities for utilization of
					 minority groups and women personnel.
(b) Not all State contractors are required to
					 submit an affirmative action program. Affirmative action programs not
					 voluntarily agreed to through conciliation and persuasion can be imposed by
					 order only on those State contractors found deficient under §
											49.37 (relating to notifying
					 contractor) and who are so adjudicated after a hearing in accordance with
					 §
											49.62 (relating to notice of
					 noncompliance).
This section cited in 4 Pa. Code §
													68.1 (relating to summary of
						  controlling law and regulations); and 22 Pa. Code §
													32.5 (relating to compliance
						  review).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › AFFIRMATIVE ACTION PROGRAM › Section 49.52 - Content

Current through Register Vol. 54, No. 28, July 13, 2024
Effective affirmative action programs should contain, but
						not necessarily be limited to, the following:
(1) Development or reaffirmation of the
					 contractor's equal employment opportunity policy in all personnel
					 actions.
(2) Formal internal and
					 external dissemination of the contractor's policy.
(3) Establishment of responsibilities for
					 implementation of the contractor's affirmative action program.
(4) Identification of problem areas
					 (deficiencies) by organization units and job classification, including
					 timetables for completion. Goals may not be rigid and inflexible, nor may they
					 be quotas which must be met, but must be targets reasonably attainable by
					 applying every good faith effort to make all aspects of the entire affirmative
					 action program work.
(5)
					 Development and execution of action oriented programs designed to attain
					 established goals and objectives.
(6) Design and implementation of internal
					 audit and reporting systems to measure effectiveness of the total
					 program.
(7) Compliance of
					 personnel policies and practices with the Employe Selection Procedures and Sex
					 Discrimination Guidelines of the Commission.
(8) Solicitation of the support and
					 cooperation of local and national community action programs and community
					 service programs, designed to improve the employment opportunities of
					 minorities and women.
(9)
					 Consideration of minorities and women not currently in the work force having
					 requisite skills who may be recruited through affirmative action
					 measures.
(10) In establishing
					 timetables to meet goals and commitments, the contractor shall consider the
					 anticipated expansion, contraction, and turnover of and in the work
					 force.
(11) Goals, timetables, and
					 affirmative action commitments shall be designed to correct any identifiable
					 deficiencies.
(12) The goals and
					 timetables, with supporting data and the analysis thereof, shall be part of the
					 contractor's written affirmative action program. This data shall include, but
					 not be limited to, progression line charts, seniority rosters, applicant flow
					 data, and applicant rejection ratios indicating minority and sex
					 status.
This section cited in 4 Pa. Code §
													68.1 (relating to summary of
						  controlling law and regulations); and 22 Pa. Code §
													32.5 (relating to compliance
						  review).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › COMPLIANCE REVIEW › Section 49.61 - Compliance status

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 contractor's compliance posture shall be reviewed and determined by reviewing
					 its employment practices and their effects.
(b) If an affirmative action program exists,
					 no contractor's compliance status shall be judged solely by whether or not it
					 reaches its goals or meets its timetables. Rather, a contractor's compliance
					 posture may be determined by reviewing the contents of its program, the extent
					 of its adherence to the program, and its good faith efforts to make the program
					 work toward a realization of goals within the timetables set for
					 completion.
This section cited in 4 Pa. Code §
													68.1 (relating to summary of
						  controlling law and regulations).