[HISTORY: Adopted by the Board of Commissioners of the Township
of Springfield 9-14-2011 by Ord. No. 914. Amendments noted where
applicable.]
This ordinance shall be known as the "Springfield Township Human
Relations Ordinance."
A.
Springfield Township finds that it is of high public importance to
adopt appropriate legislation to insure that all persons, regardless
of actual or perceived race, color, religious creed, ancestry, sex,
national origin, handicap, use of guide or support animals because
of blindness, deafness or physical handicap of the user or because
the user is a handler or trainer of support or guide animals, or sexual
orientation, gender identity or gender expression, enjoy the full
benefits of citizenship and are afforded equal opportunities for employment,
housing and public accommodation.
B.
The Board of Commissioners of Springfield Township hereby declares
it to be the public policy of the Township to foster equality and
equal opportunity for all citizens, regardless of actual or perceived
race, color, religious creed, ancestry, sex, national origin, handicap
or use of guide or support animals because of 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 an individual's
sexual orientation, gender identity or gender expression, in all matters
affecting employment, housing and commercial property and public accommodation,
and to safeguard the right of all persons to remain free from discrimination
or discriminatory practices in any of the foregoing aspects of their
lives.
C.
Nothing in this ordinance shall be construed as supporting, endorsing
or advocating any particular doctrine, point of view, or religious
belief. On the contrary, it is the express purpose and intent of this
ordinance that all persons be treated fairly and equally and that
all persons in Springfield Township be guaranteed fair and equal treatment
under law.
D.
This ordinance shall be deemed an exercise of the police power of
the Township of Springfield, as provided under the Pennsylvania Municipal
Code, for the protection of the public welfare, prosperity, health
and peace of the community of Springfield Township.
A.
BOARD OF COMMISSIONERS
DISCRIMINATION
DISCRIMINATORY ACTS
(1)
(2)
(3)
EMPLOYEE
EMPLOYER
GENDER IDENTITY OR EXPRESSION
ORDINANCE
PERSON
SEXUAL ORIENTATION
TOWNSHIP
The following words and phrases, when appearing in this ordinance,
shall have the meanings given to them under this section:
The Board of Commissioners of Springfield Township, Montgomery
County.
Any discriminatory act(s) taken by any person, employer,
entity, employment agency, or labor organization, with respect to
or involving a transaction related to employment or public accommodations,
on the basis of a person's actual or perceived race, color, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals because of 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 an individual's sexual orientation,
gender identity or gender expression.
All acts or actions defined in the Pennsylvania Human Relations
Act[1] as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations on the basis of actual or perceived race, color, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals because of 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 an individual's sexual orientation,
gender identity or gender expression. The below rights are hereby
recognized as and declared to be civil rights, which shall be enforceable
as set forth in Section 4 of the Pennsylvania Human Relations Act.
EMPLOYMENTThe opportunity for an individual to obtain employment for which he is qualified.
PUBLIC ACCOMMODATIONThe opportunity for an individual to access food, beverages, lodging, resort or amusement which is open to, accepts or solicits the patronage of the general public, but shall not include any accommodations that are in their nature distinctly private.
COMMERCIAL PROPERTY OR HOUSINGThe opportunity for an individual to obtain any commercial property or housing accommodation for which he is qualified.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Any person who employs four or more employees, including
the Township, its departments, boards and commissions, and any other
government agency within the jurisdiction of the Township, save those
of any government agency whose laws may be deemed preemptive of this
ordinance.
Self-perception, or perception by others, as male or female,
including an individual's appearance, behavior, or physical characteristics,
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or assigned sex at birth, and that shall include,
but is not limited to, persons who are undergoing or who have completed
sex reassignment, are transgender, or are gender-variant.
This ordinance, which shall be referred to as the "Springfield
Township Human Relations Ordinance."
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited-liability company, or similar business organization, including
the Township, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
The Township of Springfield, Montgomery County, Pennsylvania.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
B.
Any terms of this ordinance not expressly defined herein shall be
construed in a manner consistent with the Pennsylvania Human Relations
Act.
A.
Discrimination in employment, housing and commercial property or
any public accommodation is prohibited under this ordinance.
B.
Retaliation against any individual because such person has opposed
any practice forbidden by this ordinance or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this ordinance is prohibited under this ordinance.
C.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this ordinance to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
ordinance, is prohibited under this ordinance.
Notwithstanding any other provision of this ordinance, it shall not be an unlawful practice for a religious corporation or association to commit any of the acts as defined in § 47-4 of this ordinance.
A.
Pursuant to the authority set forth under § 962.1 of the
Pennsylvania Human Relations Act, 43 P.S. § 962.1, there
is hereby established a Human Relations Commission for the Township
of Springfield, which shall be known as the "Springfield Township
Human Relations Commission."
B.
The Springfield Township Human Relations Commission shall consist
of four members, who shall be appointed to terms of three years by
the Township Board of Commissioners. The terms of the members of the
Commission shall be staggered, such that the terms of 1/3 of the members
of the Commission shall expire each year. All members of the Commission
shall be residents or business owners of the Township of Springfield
and shall serve without compensation.
C.
The Chairperson of the Commission will designate one member as needed
to receive a complaint and conduct an intake meeting with the complainants.
The member charged with this duty shall not participate in any mediations
involving parties to the complaint for which they handled the intake,
nor shall this member vote on complaints brought in front of the Commission.
D.
The Human Relations Commission shall, annually, designate one member
to serve as Chairperson of the Commission. The Chairperson shall be
responsible for coordinating the activities, meetings, and operations
of the Commission, as set forth under this ordinance. The Chairperson
shall also report, from time to time, to the President of the Board
of Commissioners regarding the activities of the Commission.
E.
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary to acquaint themselves with the functioning of
the Springfield Township Human Relations Commission under this ordinance,
as well as the terms, conditions and provisions of the Pennsylvania
Human Relations Act, and the operation of the Pennsylvania Human Relations
Commission. Such training and education shall be as directed by the
Chairperson and shall be performed in conjunction with the State Human
Relations Commission.
F.
The Springfield Township Human Relations Commission shall have all
of those powers necessary to execute the duties set forth under this
ordinance, provided that such powers shall not exceed those exercised
by the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
G.
The Springfield Township Human Relations Commission shall operate
within the scope of funds that may be allocated, on an annual basis,
by the Board of Commissioners and shall not exceed the annual allocation
in any year, except upon prior approval by the Township Board of Commissioners.
In adopting this ordinance, the Board of Commissioners hereby expresses
its intention that the operation of the Springfield Township Human
Relations Commission under this ordinance shall be supported by volunteers,
unpaid staff, and volunteer efforts and shall be as close to "zero
cost" to the Township as reasonably feasible.
A.
Any person claiming to be aggrieved by a practice that is made unlawful under this ordinance may make, sign and file a verified complaint, as provided under Subsection B of this section, alleging violations of this ordinance. Such complaint shall, at a minimum, contain the following information:
(1)
The name, telephone number, mailing address and e-mail address (if
applicable) of the aggrieved person(s);
(2)
The name, telephone number, mailing address and e-mail address (if
applicable) of the person(s) alleged to have committed the prohibited
practice;
(3)
A concise statement of the facts, including pertinent dates, time,
locations, people, and acts involved constituting the alleged discriminatory
practice;
(4)
Such other information as may be required by the Commission.
B.
Complaints may be filed in person at the office of the Township Manager
or by mailing such complaints to the Township offices to the attention
of the Township Manager or the member of the Commission designated
to handle intake. All such complaints must be received by the Township
within 180 days of the occurrence of the last act giving rise to the
complaint, or such complaint shall be dismissed as untimely.
C.
The Township Manager shall transmit all complaints received to the
Chairperson of the Commission not later than 10 days after receipt
of the complaint. The Township Manager shall conspicuously mark the
face of the complaint with the date the document was first received
in the Township offices.
D.
The Commission may promulgate forms for use by persons wishing to file a complaint; however, complaints that are prepared without the use of an approved form shall be deemed acceptable under this ordinance so long as the facts set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.
E.
The Commission may provide for a process by which persons seeking
to file a complaint may consult with a volunteer or other staff person
affiliated with the Commission who is trained to assist the prospective
complainant in discerning the facts relevant to the prospective complaint.
Such process shall also include referral of additional information
to the prospective complainant concerning the content of this ordinance,
the content of the Pennsylvania Human Relations Act, and the availability
of the Pennsylvania Human Relations Commission as an additional venue
within which the prospective complainant may seek redress when possible.
A.
Within 30 days of the receipt of a complaint, the Commission shall:
(1)
Send a copy of the complaint to the person(s) charged with a discriminatory
act or practice under this ordinance (the "respondent"), together
with a copy of this ordinance.
(2)
Send a notice to the complainant, informing him or her that the complaint
has been accepted and processed by the Commission. If the complaint
alleges discrimination on a basis proscribed under federal or state
law, the notice shall also inform the complainant of his or her right
to file a complaint with the Pennsylvania Human Relations Commission
or the federal Equal Employment Opportunity Commission, as well as
the United States Department of Housing and Urban Development, where
applicable.
(3)
Notify the Pennsylvania Human Relations Commission of the filing
of any complaint that may be deemed to be within the jurisdiction
of that Commission, as required under the Human Relations Act.
(4)
Include a notice to both the complainant and the respondent(s) of
their option to elect to proceed to voluntary mediation in order to
resolve the matters giving rise to the complaint.
B.
The respondent(s) shall file a written verified answer to the complaint
within 30 days of service of the complaint. An answer shall be filed
in the same manner as a complaint.
A.
Within 30 days of receipt of an answer to a complaint or, where no answer is filed, within 60 days of service of the complaint upon the respondent(s), the Commission shall proceed in accordance with the following options, in the event that both parties have consented to mediation under § 47-8A(4):
(1)
The Commission shall refer the matter to a recognized alternative
dispute-resolution service, which same service may be provided through
Montgomery County, the Montgomery County Bar Association, or any other
professional mediation service provider, or may refer the matter to
a licensed member of the Pennsylvania Bar who may be willing to perform
service to the Commission as a volunteer mediator. Any costs or expenses
that may be associated with the mediation shall be the responsibility
of the parties.
(2)
The parties shall jointly select the mediator, however, the Commission
shall retain the authority to act as the mediator in the event that
the parties have agreed to mediation but cannot jointly agree on a
mediator. Mediation sessions conducted by the Commission may proceed
with a minimum of two eligible Commission members. Mediation sessions
shall remain private and not otherwise subject to public attendance.
B.
When mediation has resulted in an amicable resolution of the complaint
and the complaint is resolved, the Commission shall notify the parties
that the complaint has been dismissed and shall record the result
of the mediation in the notice of dismissal.
C.
In the event that the complaint has not been resolved through mediation,
the parties are entitled to proceed to the Court of Common Pleas in
Montgomery County.
Nothing contained in this ordinance shall be deemed to limit
the right of an aggrieved person to recover under any other applicable
law or legal theory.
This ordinance shall have no jurisdiction over matters that
are the subject of pending or prior filings made by an aggrieved person
before any state or federal court or agency of competent jurisdiction.
Any person who shall violate any provision of § 47-4 of this ordinance may be subject by the Montgomery County Court of Common Pleas, or by any court of competent jurisdiction, to the penalties enumerated in Section 9(f)(1) and (2) and Sections 9.2, 9.3, 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this ordinance shall mirror
any future changes to the Pennsylvania Human Relations Act as adopted
by the General Assembly and approved by the Governor.
A.
This ordinance extends the protections of the Pennsylvania Human
Relations Act to include actual or perceived sexual orientation, gender
identity or gender expression.
B.
The penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in the Springfield
Human Relations Ordinance.
[1]
Editor's Note: See 43 P.S. § 959(f)(1) and
(2) and 43 P.S. § 959.2, 959.3, 960, and 961.
