Pennsylvania Consolidated Statutes

GENERAL PROVISIONS (TITLE 1)


PART VI. IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS

CHAPTER 23. IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS

§ 2301. Equality of rights based on sex.
§ 2310. Sovereign immunity reaffirmed; specific waiver.

§ 2301. Equality of rights based on sex.

(a) General rule.- In recognition of the adoption of section 28 of Article I of the Constitution of Pennsylvania, it is hereby declared to be the intent of the General Assembly that where in any statute heretofore enacted there is a designation restricted to a single sex, the designation shall be deemed to refer to both sexes unless the designation does not operate to deny or abridge equality of rights under the law of this Commonwealth because of the sex of the individual.

(b) Public appointments.- All references to sex in requirements for appointments to public agencies or public positions shall be construed to require appointment without reference to sex. However where the legislative intent is expressed that both men and women shall serve on a public agency or in public positions, the agency or positions shall not be composed of a membership wholly of one sex.

(c) Employment benefits.- Where employment benefits authorized by statute, including pensions, death or disability payments or other similar benefits, are to be paid upon the death or disability of the employee, any designation of beneficiary which is restricted to a single sex shall be deemed a reference to both sexes.

(d) Other employment rights.- All other statutes affecting employment which contain a designation restricted to one sex shall be deemed to refer to both sexes unless the designation does not operate to deny or abridge equality of rights.

§ 2310. Sovereign immunity reaffirmed; specific waiver.

Pursuant to section 11 of Article 1 of the Constitution of Pennsylvania, it is hereby declared to be the intent of the General Assembly that the Commonwealth, and its officials and employees acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity. When the General Assembly specifically waives sovereign immunity, a claim against the Commonwealth and its officials and employees shall be brought only in such manner and in such courts and in such cases as directed by the provisions of Title 42 (relating to Judiciary and Judicial Procedure) or 62 (relating to Procurement), unless otherwise specifically authorized by statute.


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Implementation Of Constitutional Provisions / Judiciary@att.net / This webpage was last updated April 2001