To ensure all individuals, regardless of genuine or perceived
race, color, sex, religion, ancestry, genetic information, national
origin, sexual orientation, gender identity or expression, familial
or marital status, age, mental or physical disability, use of guide
or support animals and/or mechanical aids be given equal opportunities
for employment, housing and the use of public accommodations, it is
essential that appropriate legislation be adopted.
It is hereby confirmed to be the public policy of the Borough
of Downingtown to promote and uphold the fair and equal employment
for all individuals in accordance with their utmost abilities regardless
of genuine or perceived race, color, sex, religion, ancestry, genetic
information, national origin, sexual orientation, gender identity
or expression, familial or marital status, age, veteran status, mental
or physical disability, use of guide or support animals and/or mechanical
aids, and to protect their right to obtain and hold employment without
discrimination, and to declare equal opportunities for all persons
and to protect their rights to secure housing accommodation, public
accommodation and commercial property regardless of genuine or perceived
race, color, sex, religion, ancestry, genetic information, national
origin, sexual orientation, gender identity or expression, familial
or marital status, age, mental or physical disability, use of guide
or support animals and/or mechanical aids.
As used in this chapter, the words and phrases herein defined
shall have the following meaning unless the context otherwise requires:
BOROUGH
The Borough of Downingtown.
DISCRIMINATION
Any discriminatory act(s) taken by any person, employer,
landlord, employment agency, labor organization or public accommodation
on the basis of genuine or perceived race, color, sex, religion, ancestry,
genetic information, national origin, sexual orientation, gender identity
or expression, familial or marital status, age, mental or physical
disability, use of guide or support animals and/or mechanical aids.
DISCRIMINATORY ACTS
All acts defined in the Pennsylvania Human Relations Act as unlawful discriminatory practices. The fact that the
Pennsylvania Human Relations Act would not define a practice as unlawful
when that practice is taken on the basis of genuine or perceived sexual
orientation, gender identity or expression, genetic information, familial
or marital status shall not exempt such practice from being considered
a discriminatory act under this chapter.
EMPLOYEE
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
EMPLOYER
Any person or entity who employs one or more employees, including
but not limited to the Borough, its departments, boards and commissions,
and any other government agency within its jurisdiction.
GENDER IDENTITY OR EXPRESSION
Self perception, or perception by others, as male or female,
and shall include an individual's appearance, behavior, or physical
characteristics, that may be in accord with, or opposed to, one's
physical anatomy, chromosomal sex, or sex assigned at birth, and shall
include, but is not limited to, persons who are undergoing or have
completed sex reassignment, are transgender or gender variant.
GENETIC INFORMATION
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.
§ 2000ff.
ORDINANCE
This chapter will also be known as the "Anti-Discrimination
Ordinance."
PERSON
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
but not limited to the Borough, its departments, boards and commissions,
and other for-profit and nonprofit organizations.
PUBLIC ACCOMMODATION
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public or offers
goods or services, including loans, to the general public or is listed
in Section 4(1) of the Pennsylvania Human Relations Act, 43 P.S. § 954(1),
but shall not include any accommodations which are in their nature
distinctly private.
SEXUAL ORIENTATION
Genuine or perceived homosexuality, heterosexuality and/or
bisexuality.
The Commission Roles and Responsibilities shall entail:
A. Promote mutual understanding, respect and cooperation among all racial,
cultural, religious, ethnic, nationality and other groups within the
Borough.
B. Make studies into the status of human relations in the Borough.
C. Cooperate with and assist other organizations, public or private,
to improve relationships among the citizens of the Borough.
D. Conduct an educational program for furtherance of the improvement
of human relations in the Borough.
E. Act as a referral group for complaints of alleged discrimination
within the Borough and, wherever possible, the Commission shall refer
the complainants to appropriate social, civic or government agencies
for further action.
The Downingtown Human Relations Commission shall keep records
of its meetings and activities. The Downingtown Human Relations Commission
shall provide advisory reports on a quarterly basis which shall be
forwarded to Downingtown Borough Council and the Borough of Downingtown
Administration.
Borough Council retains the right to review the provisions of
this chapter.