§ 954. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor
43 P.S. § 954
§ 954. Definitions
As used in this act unless a different meaning clearly appears from the context:
(a) The term “person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees in bankruptcy or receivers. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employe, independent contractor, lending institution and the Commonwealth of Pennsylvania, and all political subdivisions, authorities, boards and commissions thereof.
(b) The term “employer” includes the Commonwealth or any political subdivision or board, department, commission or school district thereof and any person employing four or more persons within the Commonwealth, but except as hereinafter provided, does not include religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations. The term “employer” with respect to discriminatory practices based on race, color, age, sex, national origin or non-job related handicap or disability, includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons within the Commonwealth.
(c) The term “employe” does not include (1) any individual employed in agriculture or in the domestic service of any person, (2) any individuals who, as a part of their employment, reside in the personal residence of the employer, (3) any individual employed by said individual's parents, spouse or child.
(i) The term “housing accommodations” includes (1) any building, structure, mobile home site or facility, or portion thereof, which is used or occupied or is intended, arranged or designed to be used or occupied as the home residence or sleeping place of one or more individuals, groups or families whether or not living independently of each other; and (2) any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, mobile home site or facility. The term “housing accommodation” shall not include any personal residence offered for rent by the owner or lessee thereof or by his or her broker, salesperson, agent or employe.
(j) The term “commercial property” means (1) any building, structure or facility, or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied for the purpose of operating a business, an office, a manufactory or any public accommodation; and (2) any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.
(k) The term “personal residence” means a building or structure containing living quarters occupied or intended to be occupied by no more than two individuals, two groups or two families living independently of each other and used by the owner or lessee thereof as a bona fide residence for himself and any members of his family forming his household.
(l) The term “public accommodation, resort or amusement” means any accommodation, resort or amusement which is open to, accepts or solicits the patronage of the general public, including but not limited to inns, taverns, roadhouses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants or eating houses, or any place where food is sold for consumption on the premises, buffets, saloons, barrooms or any store, park or enclosure where spirituous or malt liquors are sold, ice cream parlors, confectioneries, soda fountains and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises, drug stores, dispensaries, clinics, hospitals, bathhouses, swimming pools, barber shops, beauty parlors, retail stores and establishments, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, gymnasiums, shooting galleries, billiard and pool parlors, public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses and all educational institutions under the supervision of this Commonwealth, nonsectarian cemeteries, garages and all public conveyances operated on land or water or in the air as well as the stations, terminals and airports thereof, financial institutions and all Commonwealth facilities and services, including such facilities and services of all political subdivisions thereof, but shall not include any accommodations which are in their nature distinctly private.
(p) The term “non-job related handicap or disability” means any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in or has been engaged in. Uninsurability or increased cost of insurance under a group or employe insurance plan does not render a handicap or disability job related.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(3) the act of September 1, 1965 (P.L. 459, No. 235), entitled, as amended, “An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement.”1
(x) The term “independent contractor” includes any person who is subject to the provisions governing any of the professions and occupations regulated by State licensing laws enforced by the Bureau of Professional and Occupational Affairs in the Department of State, or is included in the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.).
(z) The term “advertisement” or “advertising” means any advertisement and any similar written, printed, taped or broadcast communication, notice, statement or the like which is disseminated (whether published, printed, circulated, issued, displayed, posted or mailed) for the purpose of promoting housing activity, including, but not limited to, rentals, leases and sales.
1955, Oct. 27, P.L. 744, § 4. Amended 1961, Feb. 28, P.L. 47, No. 19, § 1; 1966, Jan. 24, P.L. (1965) 1523, No. 533, § 1; 1966, Jan. 24, P.L. (1965) 1525, No. 534, § 1; 1967, Nov. 27, P.L. 622, No. 284, §§ 1, 2; 1967, Nov. 29, P.L. 632, No. 291, § 1; 1970, Dec. 10, P.L. 882, No. 278, § 1; 1974, Dec. 19, P.L. 966, No. 318, §§ 2, 3, imd. effective; 1978, Nov. 26, P.L. 1292, No. 309, § 1, effective in 60 days; 1982, Dec. 9, P.L. 1053, No. 247, § 1, effective in 60 days; 1982, Dec. 15, P.L. 1267, No. 288, § 1, imd. effective; 1986, Dec. 16, P.L. 1626, No. 186, § 2, imd. effective; 1991, Dec. 20, P.L. 414, No. 51, § 3, imd. effective; 1996, July 12, P.L. 684, No. 117, § 1, imd. effective; 1997, June 25, P.L. 326, No. 34, § 1, effective in 60 days.
71 P.S. § 1455.1 et seq. (repealed); see 35 P.S. § 7210.102 et seq.
43 P.S. § 954, PA ST 43 P.S. § 954
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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