Cal. Civ. Code § 955

It shall be an unlawful discriminatory practice,
unless based upon a bona fide occupational qualification, or in the case of a fraternal
corporation or association, unless based upon membership in such association or corporation,
or except where based upon applicable security regulations established by the United
States or the Commonwealth of Pennsylvania:
(a) For any employer because of the race, color, religious creed, ancestry, age, sex,
national origin or non-job related handicap or disability or the use of a guide or
support animal because of the blindness, deafness or physical handicap of any individual
or independent contractor, to refuse to hire or employ or contract with, or to bar
or to discharge from employment such individual or independent contractor, or to otherwise
discriminate against such individual or independent contractor with respect to compensation,
hire, tenure, terms, conditions or privileges of employment or contract, if the individual
or independent contractor is the best able and most competent to perform the services
required. The provision of this paragraph shall not apply, to (1) operation of the
terms or conditions of any bona fide retirement or pension plan which have the effect
of a minimum service requirement, (2) operation of the terms or conditions of any
bona fide group or employe insurance plan, (3) age limitations placed upon entry into
bona fide apprenticeship programs of two years or more approved by the State Apprenticeship
and Training Council of the Department of Labor and Industry, established by the act
of July 14, 1961 (P.L.604, No.304), known as "The Apprenticeship and Training Act."
Notwithstanding any provision of this clause, it shall not be an unlawful employment
practice for a religious corporation or association to hire or employ on the basis
of sex in those certain instances where sex is a bona fide occupational qualification
because of the religious beliefs, practices, or observances of the corporation, or
association.
(b) For any employer, employment agency or labor organization, prior to the employment,
contracting with an independent contractor or admission to membership, to:
(1) Elicit any information or make or keep a record of or use any form of application
or application blank containing questions or entries concerning the race, color, religious
creed, ancestry, age, sex, national origin, past handicap or disability or the use
of a guide or support animal because of the blindness, deafness or physical handicap
of any applicant for employment or membership. Prior to an offer of employment, an
employer may not inquire as to whether an individual has a handicap or disability
or as to the severity of such handicap or disability. An employer may inquire as to
the individual's ability to perform the essential functions of the employment.
(2) Print or publish or cause to be printed or published any notice or advertisement relating
to employment or membership indicating any preference, limitation, specification or
discrimination based upon race, color, religious creed, ancestry, age, sex, national
origin, non-job related handicap or disability or the use of a guide or support animal
because of the blindness, deafness or physical handicap of the user.
(3) Deny or limit, through a quota system, employment or membership because of race, color,
religious creed, ancestry, age, sex, national origin, non-job related handicap or
disability, the use of a guide or support animal because of the blindness, deafness
or physical handicap of the user or place of birth.
(4) Substantially confine or limit recruitment or hiring of individuals, with intent to
circumvent the spirit and purpose of this act, to any employment agency, employment
service, labor organization, training school or training center or any other employe-referring
source which services individuals who are predominantly of the same race, color, religious
creed, ancestry, age, sex, national origin or non-job related handicap or disability.
(5) Deny employment because of a prior handicap or disability.
Nothing in clause (b) of this section shall bar any institution or organization for
handicapped or disabled persons from limiting or giving preference in employment or
membership to handicapped or disabled persons.
(c) For any labor organization because of the race, color, religious creed, ancestry,
age, sex, national origin, non-job related handicap or disability or the use of a
guide or support animal because of the blindness, deafness or physical handicap of
any individual to deny full and equal membership rights to any individual or otherwise
to discriminate against such individuals with respect to hire, tenure, terms, conditions
or privileges of employment or any other matter, directly or indirectly, related to
employment.
(d) For any person, employer, employment agency or labor organization to discriminate
in any manner against any individual because such individual has opposed any practice
forbidden by this act, or because such individual has made a charge, testified or
assisted, in any manner, in any investigation, proceeding or hearing under this act.
(e) For any person, employer, employment agency, labor organization or employe, to aid,
abet, incite, compel or coerce the doing of any act declared by this section to be
an unlawful discriminatory practice, or to obstruct or prevent any person from complying
with the provisions of this act or any order issued thereunder, or to attempt, directly
or indirectly, to commit any act declared by this section to be an unlawful discriminatory
practice.
(f) For any employment agency to fail or refuse to classify properly, refer for employment
or otherwise to discriminate against any individual because of his race, color, religious
creed, ancestry, age, sex, national origin, non-job related handicap or disability
or the use of a guide or support animal because of the blindness, deafness or physical
handicap of the user.
(g) For any individual seeking employment to publish or cause to be published any advertisement
which in any manner expresses a limitation or preference as to the race, color, religious
creed, ancestry, age, sex, national origin, non-job related handicap or disability
or the use of a guide or support animal because of the blindness, deafness or physical
handicap of any prospective employer.
(h) For any person to:
(1) Refuse to sell, lease, finance or otherwise to deny or withhold any housing accommodation
or commercial property from any person because of the race, color, familial status,
age, religious creed, ancestry, sex, national origin or handicap or disability of
any person, prospective owner, occupant or user of such housing accommodation or commercial
property, or to refuse to lease any housing accommodation or commercial property to
any person due to use of a guide animal because of the blindness or deafness of the
user, use of a support animal because of a physical handicap of the user or because
the user is a handler or trainer of support or guide animals or because of the handicap
or disability of an individual with whom the person is known to have a relationship
or association.
(1.1) Evict or attempt to evict an occupant of any housing accommodation before the end
of the term of a lease because of pregnancy or the birth of a child.
(2) Refuse to lend money, whether or not secured by mortgage or otherwise for the acquisition,
construction, rehabilitation, repair or maintenance of any housing accommodation or
commercial property or otherwise withhold financing of any housing accommodation or
commercial property from any person because of the race, color, familial status, age,
religious creed, ancestry, sex, national origin, handicap or disability of any person,
the 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 or guide
animals or because of the handicap or disability of an individual with whom the person
is known to have a relationship or association.
(3) Discriminate against any person in the terms or conditions of selling or leasing any
housing accommodation or commercial property or in furnishing facilities, services
or privileges in connection with the ownership, occupancy or use of any housing accommodation
or commercial property because of the race, color, familial status, age, religious
creed, ancestry, sex, national origin, handicap or disability of any person, the 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 or guide animals
or because of the handicap or disability of an individual with whom the person is
known to have a relationship or association.
(3.1) Refuse to permit, at the expense of a person with a handicap, reasonable modifications
of existing premises occupied or to be occupied by such person if such modifications
may be necessary to afford such person full enjoyment of the premises, except that,
in the case of a rental, the landlord may, where it is reasonable to do so, grant
permission for a modification if the renter agrees to restore the interior of the
premises to the condition that existed before the modification, with reasonable wear
and tear excepted.
(3.2) Refuse to make reasonable accommodations in rules, policies, practices or services
when such accommodations may be necessary to afford such person equal opportunity
to use and enjoy a housing accommodation.
(4) Discriminate against any person in the terms or conditions of any loan of money, whether
or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation,
repair or maintenance of housing accommodation or commercial property because of the
race, color, familial status, age, religious creed, ancestry, sex, national origin
or handicap or disability of any person, the 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 guide or support animals or because of the handicap or disability
of an individual with whom the person is known to have a relationship or association.
(5) 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 otherwise 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 or guide
animals.
(6) Make any inquiry, elicit any information, make or keep any record or use any form
of application, containing questions or entries concerning 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 in connection with the sale or lease of any housing
accommodation or commercial property or loan of any money, whether or not secured
by mortgage or otherwise for the acquisition, construction, rehabilitation, repair
or maintenance of any housing accommodation or commercial property, or to make any
inquiry, elicit any information, make or keep any record or use any form of application,
containing questions or entries concerning the 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 or guide animals, in connection with the lease of
any housing accommodation or commercial property.
(7) Construct, operate, offer for sale, lease or rent or otherwise make available housing
or commercial property which is not accessible.
(8) Discriminate in real estate-related transactions, as described by and subject to the
following:
(i) It shall be unlawful for any person or other entity whose business includes engaging
in real estate-related transactions to discriminate against any person in making available
such a transaction or in the terms or conditions of such a transaction because of
race, color, religious creed, ancestry, national origin, sex, age, handicap or disability,
use of a guide or support animal because of a physical handicap or because the user
is a handler or trainer of guide or support animals or familial status.
(ii) Nothing in this act prohibits a person engaged in the business of furnishing appraisals
of real property to take into consideration factors other than race, color, religious
creed, ancestry, national origin, sex, age, handicap or disability, use of a guide
or support animal because of a physical handicap or because the user is a handler
or trainer of guide or support animals or familial status.
(9) Nothing in this clause, regarding age or familial status, shall apply with respect
to housing for older persons. A person shall not be held personally liable for monetary
damages for a violation of this act if the person reasonably relied, in good faith,
on the application of the exemption of this subclause. A person may only prove good
faith reliance on the application of the exemption of this subclause by proving that
at the time of the act complained of all of the following applied:
(i) The person had no actual knowledge that the housing was not eligible for exemption
under this subclause.
(ii) The owner or manager of the housing had stated formally, in writing, that the housing
complied with the requirements for exemption under this subclause.
((9) amended July 12, 1996, P.L.684, No.117)
(10) Nothing in this clause shall bar any religious or denominational institution or organization
or any charitable or educational organization which is operated, supervised or controlled
by or in connection with a religious organization or any bona fide private or fraternal
organization from giving preference to persons of the same religion or denomination
or to members of such private or fraternal organization or from making such selection
as is calculated by such organization to promote the religious principles or the aims,
purposes or fraternal principles for which it is established or maintained. Nor shall
it apply to the rental of rooms in a landlord-occupied rooming house with a common
entrance, nor with respect to discrimination based on sex, the advertising, rental
or leasing of housing accommodations in a single-sex dormitory or rooms in one's personal
residence in which common living areas are shared. ((10) amended June 25, 1997, P.L.326,
No.34)
(11) Nothing in this act limits the applicability of the Fair Housing Act and reasonable
State or local restrictions on the maximum number of occupants permitted to occupy
a dwelling or a reasonable restriction relating to health or safety standards or business
necessity. Owners and managers of dwellings may develop and implement reasonable occupancy
and safety standards based on factors such as the number and size of sleeping areas
or bedrooms and the overall size of a dwelling unit so long as the standards do not
violate the Fair Housing Act or State or local restrictions. ((11) added June 25,
1997, P.L.326, No.34)
(i) For any person being the owner, lessee, proprietor, manager, superintendent, agent
or employe of any public accommodation, resort or amusement to:
(1) Refuse, withhold from, or deny to any person because of his race, color, sex, religious
creed, ancestry, national origin or handicap or disability, or to any person due to
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 or guide animals,
either directly or indirectly, any of the accommodations, advantages, facilities or
privileges of such public accommodation, resort or amusement.
(2) Publish, circulate, issue, display, post or mail, either directly or indirectly, any
written or printed communication, notice or advertisement to the effect that any of
the accommodations, advantages, facilities and privileges of any such place shall
be refused, withheld from or denied to any person on account of race, color, religious
creed, sex, ancestry, national origin or handicap or disability, or to any person
due to 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 or guide
animals, or that the patronage or custom thereat of any person, belonging to or purporting
to be of any particular race, color, religious creed, sex, ancestry, national origin
or handicap or disability, or to any person due to 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 or guide animals, is unwelcome, objectionable
or not acceptable, desired or solicited.
(3) Exclude or otherwise deny equal goods, services, facilities, privileges, advantages,
accommodations or other opportunities to a person because of the handicap or disability
of an individual with whom the person is known to have a relationship or association.
(4) Construct, operate or otherwise make available such place of public accommodation,
resort or amusement which is not accessible.
(j) For any person subject to the act to fail to post and exhibit prominently in his place
of business any fair practices notice prepared and distributed by the Pennsylvania
Human Relations Commission.
(k) For any employer to discriminate against an employe or a prospective employe because
the employe only has a diploma based on passing a general educational development
test as compared to a high school diploma. However, should vocational technical training
or other special training be required with regard to a specific position, then such
training or special training may be considered by the employer.
(l) To exclude or otherwise deny equal jobs or benefits to a person because of the handicap
or disability of an individual with whom the person is known to have a relationship
or association.
This section of the act shall not be construed to prohibit the refusal to hire or
the dismissal of a person who is not able to function properly in the job applied
for or engaged in.