Pennsylvania Administrative Code

GENERAL PROVISIONS § 49.1. Definitions. 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 Penn…

CONTRACTUAL AGREEMENT § 49.101. Nondiscrimination clause. (a) Every State contract as defined in § 49.1 (relating to definitions) shall contain a nondiscrimination clause barring discrimination in employment because of race, color, religious creed, national origin, ancestry, sex …

EFFECTIVE DATE § 49.102. Effective date. A State contracting agency shall immediately take all appropriate action necessary to implement this chapter.

POWERS AND DUTIES OF THE DIRECTOR OF CONTRACT COMPLIANCE § 49.11. Generally. 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 Stat…

§ 49.12. Supervision. 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 coord…

§ 49.13. Review of compliance program. 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.

§ 49.14. Requesting information. The Director of Contract Compliance may request from agency contract compliance officers information and assistance that may be necessary to enforce this chapter.

§ 49.15. Hearing examiners. 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 discriminatio…

§ 49.16. Reports. 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 f…

§ 49.17. Order of imposition of sanctions. 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 o…

§ 49.18. Complaints by employes. 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 Dir…

§ 49.19. Cooperation with other agencies. 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 Com…

§ 49.2. Policy and purpose. 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, Executi…

§ 49.20. Meetings with Contract Compliance Advisory Board. 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 Prog…

POWERS AND DUTIES OF THE AGENCY CONTRACTCOMPLIANCE OFFICER § 49.31. Generally. The head of a Commonwealth contracting agency shall designate a qualified agency contract compliance officer and other qualified staff as necessary.

§ 49.32. Responsibilities. 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.

§ 49.33. Access to information. 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 d…

§ 49.34. Cooperation with the Director of Contract Compliance. 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 implem…

§ 49.35. Information concerning compliance by contractors. 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 …

§ 49.36. Compliance review. (a) An agency contract compliance officer shall receive information to determine whether contractors are in compliance with this chapter, and the nondiscrimination clause required by § 49.101 (relating to nondiscrimination clause). A determination by o…

§ 49.37. Notifying contractor. (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 sec…

§ 49.38. Bidder’s list. (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 person…

CONTRACT COMPLIANCE ADVISORY BOARD § 49.41. General. 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. …

AFFIRMATIVE ACTION PROGRAM § 49.51. Purpose. (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. A…

§ 49.52. Content. 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 disseminat…

COMPLIANCE REVIEW § 49.61. Compliance status. (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 b…

§ 49.62. Notice of noncompliance. (a) If efforts to secure compliance with this chapter or with the contract nondiscrimination clause through conciliation and persuasion have failed or if the agency contract compliance officer finds that the contractor has not made the requisite …

§ 49.63. Determination of compliance status. The Commission, acting through the Director of Contract Compliance, may assume sole responsibility for the determination of the compliance status of a contractor at any stage of the compliance procedure. A hearing held by the Commissio…

§ 49.64. Certified examiners. No hearing may be held under § 49.62(c) (relating to notice of noncompliance) by a hearing examiner not certified as qualified by the Attorney General under § 49.15 (relating to hearing examiners).

§ 49.65. Investigation of complaints. The agency contract compliance officer shall forward any formal complaints alleging discrimination addressed to him by employes or applicants for employment of a State contractor, to the Commission for investigation under § 49.18 (relating to…

§ 49.66. Notice. Two copies of notices of compliance, noncompliance or proposed imposition of sanctions shall be sent to the Director of Contract Compliance when the notices are forwarded to a contractor.

SANCTIONS § 49.71. Generally. (a) In accordance with the rules, regulations or orders that the Commission may issue or adopt, the agency or the Commission may, after hearing and adjudication, impose one or more of the sanctions enumerated in subsection (b) as appropriate, to atta…

GENERAL PROVISIONS § 51.1. Purpose and policy. (a) The purpose of this chapter is to assist persons and institutions subject to the provisions of section 5.2 of the act (43 P. S. § 955.2) to comply with the act of October 10, 1973 (P. L. 278, No. 78) (43 P. S. § § 955.2 and 961) …

§ 51.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Abortion—The termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. …

RIGHTS AND OBLIGATIONS OFHOSPITALS AND OTHERHEALTH CARE FACILITIES § 51.31. Adoption and substance of stated ethical policy. (a) Section 5.2(a) of the act (43 P. S. § 955.2(a)) permits a hospital or other health care facility to make a determination, in the form of a stated ethic…

§ 51.32. Objection to performance of abortion or sterilization by nonpublic hospitals or other nonpublic health care facilities on moral, religious or professional grounds. Under the provisions of section 5.2(b)(1) of the act (43 P. S. § 955.2(b)(1)), and of Opinion No. 75-16 of …

§ 51.33. Statement or other manifestation of attitude with respect to abortion or sterilization. (a) Any hospital or other health care facility which makes a statement, sets forth a position, or otherwise demonstrates a manifestation of attitude with respect to abortion or steril…

RIGHTS AND OBLIGATIONS OF INDIVIDUALS § 51.41. Written objection to performance, participation in or cooperation in abortion or sterilization procedures. (a) Pursuant to section 5.2(a) of the act (43 P. S. § 955.2(a)), any physician, nurse, staff member, or employe of a hospital …

§ 51.42. Willingness or refusal to perform or participate in abortion or sterilization procedures. (a) Pursuant to section 5.2(b)(2) of the act (43 P. S. § 955.2(b)(2)), no physician, nurse or staff member of a hospital or other health care facility who expresses a willingness to…

§ 51.43. Other protections afforded individuals in employment and education. (a) Section 5.2(b)(3) of the act (43 P. S. § 955.2(b)(3)) provides certain protections in the areas of employment and education and is applicable to the employment practices of hospitals and health care …

§ 51.44. Reasonable accommodation to rights of employes. (a) It is the goal of the Commission to encourage all employers and their employes to anticipate any interference in the regular course of business activites which might be caused by the exercise of the rights of an employe…

EXEMPTIONS BECAUSE OF BONA FIDE OCCUPATIONALQUALIFICATIONS § 51.51. Supplementary interpretation regarding bona fide occupational qualification standards. (a) A public hospital or public health care facility and all other medical facilities which elect to provide abortion or ster…

§ 51.52. Securing supplementary interpretations. (a) Applications for the issuance of a supplementary interpretation are governed by the provisions of § § 41.71—41.73 (relating to bona fide occupational qualifications). The applications shall be in writing and directed to the Exe…

EXEMPTIONS § 51.61. Exemption for certain clinics and health care facilities. The requirements of section 5.2(b)(3) of the act (43 P. S. § 955.2(b)(3)) do not apply to the employment practices of a health care facility operated exclusively for the performance of abortion or steri…

§ 81.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Accumulated deductions—The total amount deducted from the salary or compensation of the contributor plus regular interest credi…

§ 81.10. Withdrawal provisions. (a) A plan withdrawal by a municipality shall comply with section 412 of the law (53 P. S. § 881.412). (b) A plan withdrawing from the System that has retired members shall provide to the Board as a part of the withdrawal application an acknowledgm…

§ 81.11. Contract provisions. (a) Plans enrolling or improving plan benefits under Article IV of the law (53 P.S. § § 81.401—81.413) may not provide benefits in excess of or provide for member contribution rates less than those available to a municipality or a municipality’s clas…