[HISTORY: Adopted by the City Council of the City of Scranton 12-8-2003 by Ord. No.
243-2003; amended in its entirety 12-8-2016 by Ord. No.
69-2016. Amendments noted where applicable.]
A.
In order to ensure that all persons regardless of race, color, religion,
national origin, ancestry or place of birth, sex, gender identity,
sexual orientation, handicap or disability, use of guide or support
animals 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, marital status, familial status (in housing only),
or age, enjoy the full benefits of citizenship and are afforded equal
opportunities for employment, housing and use of public accommodation
facilities, it is necessary that appropriate legislation be enacted.
B.
Nothing in this chapter shall be construed as supporting or advocating
any particular doctrine, position, point of view, life style or religious
view. To the contrary, it is the intention of this chapter that all
persons are treated fairly and equally, and it is the express intent
of this chapter to guarantee fair and equal treatment under law to
all people of the City.
The following words, terms and phrases when used in the chapter
shall be defined as follows, unless the context clearly indicates
otherwise:
Being in compliance with the applicable standards set forth
in the following: "The Fair Housing Act" (Public Law 90-284 as amended,
42 U.S.C. § 3601, et seq.); "Americans with Disabilities
Act of 1990" (Public Law 101-336, 42 U.S.C. §§ 12101,
et seq.); "Act of September 1, 1965 PL. 459, No. 235" as amended;
"An Act requiring that certain buildings and facilities adhere to
certain principles, standards and specifications to make the same
accessible to and useable by persons with physical disabilities and
providing for enforcement."
Includes any person 40 years of age or older and shall also
include any other person so protected by further amendment to the
Federal Age Discrimination in Employment Act.
Any building, structure or facility, or portion thereof, which
is used, occupied or is intended, arranged, or designed to be used
or occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation; and
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
facility, business concern or public accommodation.
The Human Relations Commission of the City of Scranton.
Herein referred to as disability, with respect to a person,
means:
Physical or mental impairment which substantially limits one
or more of such person's major life activities;
Record of such an impairment; or
Regarded as having such an impairment, but such term does not
include current, illegal use or addition to a controlled substance
as defined in Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802).
For employment, disability means a non-job-related disability
which does not substantially interfere with the ability to perform
the essential functions of the employment which a person with disability
applies for, is engaged in or has been engaged in. Uninsurability
or increased cost of insurance under a group or employee insurance
plan does not render a disability job related.
Any exclusion, denial, intimidation, coercion, difference
or segregation in treatment in hiring, referring for hiring, promoting,
training, in membership in employee or labor organizations, in the
advertisement, sale, lease, rental, financing or zoning of housing;
or in rendering service in places of a public accommodation because
of protected class based upon race, color, religion, national origin,
ancestry or place of birth, sex, gender identity, sexual orientation,
disability, marital status, familial status (in housing only) or age
or because of the protected class of an individual with whom the person
is known to have an association. For the purpose of this chapter,
an employer's granting of benefits to married persons, as defined
by the law of the Commonwealth of Pennsylvania, which are greater
than those benefits granted to nonmarried persons, shall not constitute
unlawful discrimination under this act.
Does not include:
Any individuals who, as part of the employment, reside in the
personal residence of the employer; or
Any individual employed by said individual's parents, spouse
or child;
Those employed by religious, fraternal, charitable or sectarian
corporations or associations in the direct provision of services of
the organization wherein membership is a bona fide occupational qualification,
except such corporations or associations supported, in whole or in
part, by government appropriations.
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including the City
of Scranton, its departments, boards, commissions and authorities,
any other governmental agency within its jurisdiction, but excluding
any religious, fraternal, charitable or sectarian organization which
is not supported in whole or in part by any city appropriation.
Includes any person regularly undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer or place employees.
Public Law 90-284, 42 U.S.C. §§ 3601 et seq.
One or more individuals who have not attained the age of 18
years being domiciled with:
The protections afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant or is
in the process of securing legal custody of any individual who has
not attained the age of 18 years.
Self-perception or perception by others, as male or female,
including a person'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.
Any building, structure, mobile home site or facility, proportion
thereof, which is used or occupied or is intended, arranged or designed
to be used or occupied as the home residence or sleeping place of
one or more individuals, groups or families whether or not living
independently of each other; and
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
mobile home site or facility.
Housing:
Provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons as defined in the State or
Federal Program; or
Is intended for and solely occupied by persons 62 years of age
or older; or
Is intended and operated for occupancy by at least one person
55 years of age or older per unit.
In determining whether housing qualified as housing for older
persons under this section, the Commission's requirement shall include
by not be limited to the following:
Housing shall not fail to meet the requirements for housing
for older persons by reason of unoccupied units provided, that such
units are reserved for occupancy by persons who meet the age requirements
of this section.
Any organization which exists for the purpose, in whole or
in part, of collective bargaining or dealing with employers concerning
grievances, terms or conditions of employment or of other mutual aid
or protection in relation to employment.
Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business
of lending money or guaranteeing loans.
Includes lessee, sublessee, assignee, manager, agent, or
any other person having the right of ownership or possession or the
authority to sell, rent or lease any housing accommodation, including
the City and its dependents, authorities, boards and commissions.
Public Law 744, No. 322 as amended.
Includes one or more individuals, partnerships, associations,
organizations, corporations, legal representative, trustees in bankruptcy
or receivers. It also includes, but is not limited to, any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, lending institution and all authorities, boards
and commissions thereof.
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry or place of birth,
sex, gender identity, sexual orientation, handicap or disability,
use of guide or support animals 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, marital status, familial status
(in housing only) or age or because of the protected class of an individual
with whom the person is known to have an association.
Accepting or soliciting the patronage of the general public
or offering goods or services to the general public including loans,
or is listed in the Pennsylvania Human Relations Act, Section 4(1),
but shall not include any personal, professional services which are
in their nature distinctly private, personal and confidential.
Any of the following:
Male or female, and includes the gender of a person, as perceived,
presumed or assumed by others.
Male or female homosexuality, heterosexuality and bi-sexuality,
by preference, practice or as perceived by others.
It shall be an unlawful employment practice because of protected
class or because of the protected class of an individual with whom
the person is known to have an association:
A.
For any employer to refuse to hire or employ or contract with, or
to bar or discharge from employment such individual, or to otherwise
discriminate against such individual with respect to compensation,
hire, tenure, terms, conditions or privileges of employment or contract,
if the individual is the best able and most competent to perform the
services required.
(1)
The provision of this subsection shall not apply to: operation of
the terms or conditions of any bona fide retirement or pension plan
which have the effect of a minimum service requirement, 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. Notwithstanding any provision
of this section, 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 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 protected class 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 disability or as to the severity
of such 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 indicating any preference, limitation,
specification or discrimination based upon protected class.
(3)
Deny or limit, through a quota system, employment or membership because
of protected class.
(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 center, or any other employee-referring source which services
individuals who are predominantly of the same protected class.
(5)
Deny employment because of a prior disability.
(6)
To exclude or otherwise deny equal jobs or benefits to a person because
of the protected class of an individual with whom the person is known
to have a relationship or association.
(7)
For any labor organization because of protected class 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.
(8)
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, or to
aide, abet, incite, compel or coerce the doing of any act declared
by this section 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.
(9)
For any employment agency to fail or refuse to classify properly,
refer for employment or otherwise to discriminate against any individual
because of protected class. However, this section 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.
C.
Nothing in this section shall bar any institution or organization
for persons with disabilities from limiting or giving preference in
employment or membership to handicapped or disabled persons.
A.
Discrimination in the sale or rental of housing or other prohibited
practices. It shall be unlawful housing practice because of the protected
class of an individual with whom the person is known to have an association,
to:
(1)
Refuse to sell, lease, finance, rent after making a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny a dwelling to any person, or otherwise to
deny or withhold any housing accommodation or commercial property
from any person, prospective owner, occupant or user of such housing
accommodation or commercial property.
(2)
Evict or attempt to evict an occupant of any housing accommodation
before the end of the term of the lease because of pregnancy or the
birth of a child.
(3)
Refuse to lend money, whether or not secured by a 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 protected class.
(4)
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 protected class.
(5)
Represent to any person that any dwelling is not available for inspection,
sale or rental when such dwelling is in fact so available.
(6)
For the purpose of this section, discrimination includes:
(a)
Refusal to permit, at the expense of a person with a disability,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modification 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.
(b)
Refusal 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 dwelling.
(c)
In connection with the design and construction of covered multifamily
dwellings for first occupancy after the date that is 30 months after
the date of enactment of the Fair Housing Amendments Act of 1988 (enacted
September 13, 1988), a failure to design and construct those dwellings
in such a manner that:
[1]
The public use and common use portions of such dwellings are
readily accessible to and usable by handicapped persons;
[2]
All the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow passage
by handicapped persons in wheelchairs; and
[3]
All premises within such dwellings contain the following features
of adaptive design:
[a]
An accessible route into and through the dwelling;
[b]
Light switches, electrical outlets, thermostats,
and other environmental controls in accessible locations;
[c]
Reinforcements in bathroom walls to allow later
installation of grab bars; and
[d]
Usable kitchens and bathrooms such that an individual
in a wheel chair can maneuver about the space.
(7)
Discriminate against any person in the terms or conditions of any
loan of money, whether or not secured by a mortgage or otherwise for
the acquisition, construction, rehabilitation, repair or maintenance
of housing accommodation or commercial property because of protected
class.
(8)
Make, print, publish, circulate or cause to be made, printed, published
or circulated any statement or advertisement: 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 protected class or an intention to make any such preference,
limitation, specification, or discrimination.
(9)
Make any inquiry, elicit any information, make or keep any record
or use any form of application, containing questions or entries concerning
protected class 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 combination or
commercial property, except for the collection of such information
when such collection is authorized by federal, state, or local law,
or by the terms of a judicial decree or settlement; or in any other
case giving rise to a duty to collect such information.
(10)
For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
race, color, religion, sex, handicap, familial status, or national
origin.
It shall be an unlawful discriminatory practice because of the
Protected Class or because of the protected class of an individual
with whom the person is known to have an association, to:
A.
Deny any person access to membership or participation in any multiple-listing
service, real estate broker's organization or other service, organization,
or facility relating to the business of selling or renting dwellings
or commercial property, or to discriminate against them in the terms
or conditions of such access, membership or participation.
B.
For any person or other entity whose business includes engaging in
real estate-related transactions to discriminate against any person
in making available such transaction, or in the terms or conditions
of such transaction.
C.
Induce, solicit or attempt to induce or solicit for commercial profit
any listing, sale or transaction involving any housing accommodation
or commercial property by representing that such housing accommodation
or commercial property is within any neighborhood, community or area
adjacent to any other area in which they reside, or do not reside,
persons of any particular protected class.
D.
Discourage, or attempt to discourage, the purchase or lease of any
housing accommodation or commercial property by representing that
such housing accommodation or commercial property is within any neighborhood,
community or area adjacent to any other area in which there reside,
or may in the future reside in increased or decreased numbers, persons
of any protected class.
E.
Misrepresent, steer, create or distort a circumstance, condition
or incident for the purpose of fostering the impression or belief,
on the part of any owner, occupant or prospective owner or occupant
of any housing accommodation or commercial property that it is within
any neighborhood, community or area adjacent to any other area which
would be adversely impacted by the residence, or future increased
or decreased residence, of persons of any protected class.
F.
In any way misrepresent or otherwise mis-advertise within a neighborhood
or community, whether or not in writing, that any housing accommodation
or commercial property within such a neighborhood or community is
available for inspection, sale, lease, sublease or other transfer,
in any context where such misrepresentation or mis-advertising would
have the effect of fostering an impression or belief that there has
been or will be an increase in real estate activity within such neighborhood
or community due to the residence, or anticipated increased or decreased
residence, of persons of any protected class.
G.
For any person to harass, threaten, intimidate, harm, damage or otherwise
penalize any person, group or business because he or they exercised
or encouraged others to exercise their rights under this chapter;
or because he or they have complied with the provisions of this chapter,
or enjoyed the benefits of this chapter, or because he or they have
made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing hereunder.
H.
For any person to aide, abet, incite, induce, compel or coerce the
doing of an unlawful practice promoted by this chapter or to obstruct
or prevent any person from complying with the provisions of this chapter
or any order issued hereunder.
I.
For any person who with intent to mislead in any proceeding under
this chapter to destroy or mutilate, falsify, alter or refuse to supply
records and documents produced pursuant to subpoena or other lawful
order under this Section.
J.
Inapplicability of prohibitions.
(1)
Nothing in this chapter prohibits a person engaged in the business
of furnishing appraisals of property to take into consideration factors
of race, color, religious creed, ancestry, national origin, marital
status, sex, gender identity, sexual orientation, age, handicap or
disability, or familial status.
(2)
Nothing in this chapter, regarding age or familial status, shall
apply with respect to housing for older persons.
(3)
Nothing in this chapter shall prohibit a religious organization,
association, or society or any non-profit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association or society, from limiting the sale, rental
or occupancy of dwellings which it owns, operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color or national origin.
(4)
Nothing in this chapter shall prohibit a private club not in fact
open to the public, which as an incident to its primary purpose or
purposes provide lodgings which it owns or operates for other than
a commercial purpose, from limiting the rental or occupancy of such
lodging to its members or from giving preference to its members.
(5)
Nothing in this chapter shall apply with respect to discrimination
based on sex in the rental or leasing of housing accommodation in
a single-sex dormitory.
(6)
(a)
Any single-family housing sold or rented by an owner; provided,
that such private individual owner does not own more than three such
single-family houses at anyone time; provided further, that in the
case of the sale of any such single-family house by a private individual
owner not residing in such house at the time of such sale or who was
not the most recent resident of such house prior to the sale, the
exemption granted by this subsection shall apply only with respect
to one such sale within any twenty-four-month period; provided further,
that such bona fide private individual owner does not own any interest
in, nor is there owned or reserved on his behalf, under any express
or voluntary agreement, title to or any right to all or a portion
of the proceeds from the sale or rental of, more than three such single-family
houses at anyone time; provided further, that after December 31, 1969,
the sale or rental of such single-family houses shall be excepted
from the application of this title only if such house is sold or rented
without the use in any manner of the sales or rental facilities or
the sales or rental services of any person in the business of selling
or renting dwellings, or of any employee or agent of any such broker,
agent, salesman, or person and without the publication, posting or
mailing, after notice, of any advertisement or written notice in violation
of section 804(c) of this title (42 U.S.C. § 3604 (c));
but nothing in this provision shall prohibit the use of attorneys,
escrow agents, abstractors, title companies, and other such professional
assistance as necessary to perfect or transfer the title, or
(b)
Rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his residence.
It shall be an unlawful public accommodation practice for any
person being the owner, lessee, proprietor, manager, superintendent,
agent or employee of any establishment offering public accommodation,
resort or amusement because of protected class or because of the protected
class of an individual with whom the person is known to have an association,
to:
A.
Refuse, withhold from or deny to any person because of protected
class, either directly or indirectly, any of the accommodations, advantages,
facilities, services or privileges of such place of public accommodation,
resort or amusement.
B.
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 or denied
to any person on account of protected class, objectionable or not
acceptable, desired or solicited.
C.
Obstruct any person from enjoyment of his rights under this chapter
relating to public accommodations.
A.
Establishment. There is hereby established the Human Relations Commission
of the City of Scranton comprised of 11 members, who shall by first
choice be residents of the City, appointed by the Mayor with the advice
and consent of City Council, and who shall serve without compensation.
In the event the requirements of the position and/or availability
of volunteers cannot be met by a resident of the City, then the members
need not be residents of the City of Scranton, but must be either
a City of Scranton taxpayer, maintain a business in the City, be employed
in the City and/or attend school in the City of Scranton. All members
shall be 18 years or older and shall serve overlapping terms of five
years each.
[Amended 5-17-2021 by Ord. No. 68-2021]
B.
Powers and duties. The Commission is hereby vested with the authority
to administer and enforce this chapter and shall be given sufficient
administrative and legal support from the City staff persons to carry
out the following powers and duties:
(1)
To meet and function at any place within the City;
(2)
To adopt, promulgate, amend and rescind rules and regulations to
effect the policies and provisions of this chapter, and to make recommendations
to agencies of the City of Scranton and the City Council thereof to
effect such policies;
(4)
To study the problems of discrimination and foster, through community
effort or otherwise, good will among the groups and elements of the
population of the City;
(5)
To issue such publications and such results of investigations, providing
an investigation results in a public hearing and to research as, in
its judgment, will tend to promote good will and minimize or eliminate
discrimination.
(6)
From time to time, but not less than once a year, to report to the
Mayor or his designee, and the City Council of the City of Scranton
describing in detail the investigations, proceedings, hearings and
studies it has conducted and their outcome, the decisions it has rendered
and the other work performed by it, and make recommendations for such
further legislation concerning abuses and discrimination.
C.
Administrative support. The City of Scranton from time to time shall
designate an individual City employee or department to provide administrative
support services to the Commission.
D.
Procedure.
(1)
Filing a complaint.
(a)
Any individual claiming to be aggrieved by an unlawful discriminatory
practice, and any person who believes that such person will be injured
by a discriminatory housing practice that is about to occur, may make,
sign and file with the Commission a verified complaint in writing
which shall state the name and address of the person or persons alleged
to have committed the unlawful practice and the particulars thereof.
The complaint shall also contain such other information as may be
required by the Commission. The Commission, upon its own initiative,
may in like manner sign and file a complaint. The person or entity
filing said complaint shall have the power reasonably and fairly to
amend their/its complaint.
(b)
Upon the filing of such complaint and an initial finding of
probable cause as to jurisdiction over the respondent and protected
class of the complainant, the Commission shall send the complaint
along with notice, upon the aggrieved person acknowledging such filing
and advising the aggrieved person of the time limits and choice of
forums provided under this chapter.
(c)
The Commission shall serve a copy of the complaint to the named
respondent within 30 days from the date of filing the complaint. Administrative
support personnel shall, no later than 30 days after such filing of
the complaint, advise such respondent of the procedural rights and
obligations of respondent under this chapter, together with a copy
of the original complaint.
(d)
Upon receipt of a complaint from a City employee or any citizen
against the City of Scranton, the Commission may, independent of the
City and City staff, retain outside legal counsel to advise on legal
matters for such complaint on behalf of the Commission. Upon disposition
of the complaint, the City, after consultation between the Mayor or
his/her designee, and legal counsel, shall pay a reasonable fee to
such legal counsel. Neither City staff members nor City legal counsel
may represent the complainant in any such case.
(e)
Time period for filing complaint. Any complaint filed pursuant
to this section must be so filed within 180 days after the alleged
act of discrimination, unless otherwise required by the Fair Housing
Act.
(f)
Withdrawing complaint. Any complaint may be withdrawn at any
time by the party filing the complaint.
(2)
Investigation.
(a)
Prior to the filing of a complaint, an initial probable cause
determination will be made regarding jurisdiction over the respondent
and protected class status of the complaint. After the filing of any
complaint, the Commission shall assign an investigation committee,
comprised of members of the commission, for the purpose of investigating
the substance of the alleged discriminatory action. The members of
the investigating committee shall not serve on the hearing panel regarding
the same matter. The investigating committee will issue a case management
order to the parties of the matter establishing relevant discovery
deadlines and timeframes. In the conduct of such investigation, the
Commission may issue subpoenas to any person charged with or associated
with an unlawful practice to furnish information, records of the documents.
The Commission may seek enforcement of its subpoena by petition to
the Court of Common Pleas of Lackawanna County.
(b)
When a complaint is filed alleging a discriminatory housing
practice, the Commission shall make an investigation of the alleged
discriminatory housing practice and complete such investigation within
100 days after the filing of the complaint, unless it is impracticable
to do so. If the commission is unable to complete the investigation
within 100 days after the filing of the complaint, the Commission
shall notify the complainant and respondent, in writing, of the reasons
for not doing so.
(c)
A respondent shall file a written, verified answer to the complaint
within 30 days of service of the complaint, except in the case of
a Fair Housing complaint of discrimination, in which case a respondent
shall file, not later than 10 days after receipt of notice from the
Commission, an answer to such complaint. The Commission, upon request
of the respondent, may grant an extension of time to file an answer,
except for a Fair Housing where not more than 30 additional days may
be granted unless otherwise required by the Fair Housing Act.
(d)
Complaints and answers shall be verified and may be reasonably
and fairly amended at any time prior to establishment of a hearing.
A party must request leave of the commission to amend after a hearing
has been scheduled, leave shall not be unreasonably withheld.
(e)
The Commission shall send notice of the right to file a lawsuit
to the complainant one year after the date the complaint is filed.
(f)
After service of the complaint, the Commission shall encourage
voluntary and informed predetermination settlements between parties.
(3)
Allegation and notice. If after such investigation, it is determined
that there is no basis for the allegations of the complaint, the Commission
shall, within 10 days from such determination, cause to be issued
and served upon the complainant, written notice of such determination.
The notice shall also state that the complaint will be dismissed unless
within 10 days after such service the complainant or his/her attorney
file with the Commission a request for reconsideration. The Complainant
or his/her attorney shall state in the request the basis for reconsideration
and provide any new or additional evidence in support thereof. The
Commission shall, upon request for such reconsideration, review the
request and consider such additional new evidence, if any, and may
provide an opportunity to appear before the investigating committee
at a preliminary hearing, to argue such additional information as
may be available to support the allegations of the complaint.
(4)
Conciliation. During the period beginning with the filing of such
complaint, the Commission shall, to the extent feasible, engage in
conciliation with respect to such complaint. A conciliation agreement
arising out of such conciliation shall be an agreement between the
respondent and the complainant, and shall be subject to approval by
the Commission. Each conciliation agreement shall be made public unless
the complainant and respondent otherwise agree and the Commission
determines that disclosure is not required to further the purposes
of this chapter.
(5)
Establishment of hearing.
(a)
If the Commission, in its discretion, finds it is not possible
to eliminate such unlawful practices by persuasion, the Commission
shall cause to be issued and served, a written notice, together with
a copy of such complaint as the same may have been amended, requiring
the party named in such complaint, hereinafter referred to as respondent,
to answer the charges of such complaint at a hearing before the Commission
at a time and place to be specified in such notice. The Commission
shall appoint a hearing panel compromised of Commission members not
serving on the investigating committee for the instant matter.
(b)
When notice of a hearing is given as set forth in Subsection
D(3)(a) and an election procedure is required by the Fair Housing
Act, either party may elect, as an alternative to public hearing before
the Commission, to have the claims asserted in the complaint decided
in a civil action brought under the original jurisdiction of the Lackawanna
County Court of Common Pleas. The Commission shall send written notice
to all parties and inform them of their right to take civil action.
An election must be made within 20 days after service of the notice
of a hearing. A party making this election shall notify the Commission
and all other parties. The complainant has the right to intervene
as a party in state court pursuant to such an election. If an election
for civil action is made by either party, the Commission shall, within
30 days from the date of election, commence and maintain a civil action
on behalf of the complainant.
(c)
In any action brought under this subsection, the Commission
recommends that:
[1]
All filing fees shall be waived for the Commission and all parties,
including the action brought under the Court of Common Pleas original
jurisdiction and any appeal arising out of such action.
[2]
If, after a trial, the Court of Common Pleas finds that a respondent
engaged in or is engaging in any unlawful discriminatory practice
as defined in this chapter, the Court may award attorneys' fees and
costs to the complainant on whose behalf the action was commenced.
[3]
If, after a trial, the Court of Common Pleas finds that a respondent
has not engaged in or is not engaging in any unlawful discriminatory
practice as defined in this chapter, the Court may award attorneys'
fees and costs to the prevailing respondent if the respondent proves
that the complaint upon which the civil action was based was brought
in bad faith.
[4]
If, after a trial, the Court of Common Pleas finds that a respondent
has not engaged in any unlawful discriminatory practice as defined
in this act, the Court may award attorneys' fees and costs to the
prevailing respondent if the Court determines that the complaint is
frivolous and that the Commission dealt with the party complained
against in a willful, wanton and oppressive manner, in which case
the Commission shall be ordered to pay such costs and attorneys' fees.
(6)
Hearing.
(a)
The case in support of the complaint shall be presented to the
hearing panel designated by the Commission, and comprised of commissioners
having not served on the investigating committee regarding the complaint
for the purpose of hearing said complaint by complainant's attorney
or agents.
(b)
The respondent may appear at such hearing in person or otherwise,
with or without counsel, and submit testimony. The complainant may
likewise appear at such hearing in person or otherwise, with or without
counsel, and submit testimony. At a hearing under this section, each
party may present witnesses and engage in cross-examination, and obtain
the issuance of subpoenas in accordance with the Pennsylvania Rules
of Civil Procedure and local rules of court. The Commission may issue
subpoenas in aid of investigations and hearings under this chapter.
Such subpoenas may be ordered to the same extent and subject to the
same limitations as would apply if the subpoenas were ordered or served
in aid of a civil action in the Court of Common Pleas of the Commonwealth
of Pennsylvania for the jurisdiction in which the investigation is
taking place. Any aggrieved person may intervene as a party in the
proceeding. The Commission or the complainant shall have the power
reasonably and fairly to amend any complaint and the respondent shall
have like power to amend his answer. The Pennsylvania Rules of Evidence
will act to guide the presentation of evidence in such hearing but
will not be strictly adhered to with the hearing being an administrative
proceeding. The testimony taken at the hearing shall be under oath
and be transcribed.
(7)
Findings.
(a)
If, upon all the evidence at the hearing, the Commission finds
that a respondent has engaged in any unlawful discriminatory practice
as defined in this chapter, the Commission shall state its findings
of fact, and shall issue and cause to be served on such respondent
a finding requiring such respondent to cease and desist from such
unlawful discriminatory practice and to take such affirmative action.
This affirmative action includes, but is not limited to, reimbursement
of certifiable travel expenses in matters involving the complaint;
compensation for loss of time from work in matters involving the complaint;
hiring, reinstatement and/or upgrading of employees, with or without
back pay; admission or restoration to membership in any respondent
labor organization; the making of reasonable accommodations; selling
or leasing of specified housing accommodations or commercial property
upon such equal terms and conditions and such equal facilities, services
and privileges; the lending of money, whether or not secured by mortgage
or otherwise, for the acquisition, construction, rehabilitation, repair
or maintenance of housing accommodations or commercial property; upon
such equal terms and conditions to any person discriminated against
or all persons; any other verifiable, reasonable out-of-pocket expenses
caused by unlawful discriminatory practice; and any and all other
compensation as provided under the Pennsylvania Human Relations Act.
(b)
In those cases alleging a violation of §§ 296-4, 296-5, 296-6, and violations of the Fair Housing Act, the Commission may award actual damages including damages caused by humiliation and embarrassment as, in the judgment of the Commission, to effectuate the purposes of this chapter, including a requirement for report of the manner of compliance.
[1]
The Commission may also assess a civil penalty against the respondent in a complaint of discrimination filed under § 296-4, § 296-5, § 296-6, and violations of the Fair Housing Act of this Act;
[a]
In an amount not exceeding $10,000, if the respondent
has not been adjudged to have committed any prior discriminatory practice;
[b]
In an amount not exceeding $25,000, if the respondent
has been adjudged to have committed one other discriminatory practice
during the five-year period ending on the date of the order; or
[c]
In an amount not exceeding $50,000, if the respondent
has been adjudged to have committed more than one other discriminatory
practice during the seven year period ending on the date of the order.
(c)
If the Commission finds that the respondent has engaged in or
is engaging in an unlawful discriminatory practice charged in the
complaint, the Commission shall enjoin the respondent from engaging
in such unlawful discriminatory practice and order affirmative action
which may include, but is not limited to, reinstatement or hiring
of employees, granting of back pay, or any other legal or equitable
relief as the court deems appropriate. Back pay liability shall not
accrue from a date more than three years prior to the filing of a
complaint charging violations of this chapter.
(d)
If upon all the evidence at the hearing, in those cases alleging a violation of § 296-4, § 296-5, § 296-6, the Commission finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice, as defined in this chapter, the Commission may award attorneys' fees and costs to prevailing complainants.
(e)
If upon all the evidence at the hearing, in those cases alleging a violation of § 296-4, § 296-5, § 296-6, the Commission finds that a respondent has not engaged in or is not engaging in any unlawful discriminatory practice as defined in this chapter, the Commission may award attorneys' fees and costs to a prevailing respondent if the respondent proves that the complaint was brought in bad faith.
(f)
The remedies and damages announced above shall also be available
to a prevailing party, other than the United States, as the Commission,
in its discretion, may allow.
(8)
Commonwealth license. When the respondent is a licensee of the Commonwealth
of Pennsylvania, the Commission shall inform the appropriate State's
licensing authority of the order with the request that the licensing-authority
take such action as it deems appropriate against such licensee.
(9)
Complaint dismissal.
(a)
If, upon all the evidence, the Commission shall find that a
respondent has not engaged in any such unlawful discriminatory practice,
the Commission shall state its findings of fact, and shall issue and
cause to be served on the complainant an order dismissing said complaint
as to such respondent.
(b)
In the case of an alleged violation under § 296-4 and § 296-5, if upon all the evidence, the Commission shall find that a respondent has not engaged in or is not about to engage in a discriminatory housing practice, the Commission shall state its findings of fact, and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent.
(10)
Rules and records of hearing. The Commission shall establish
rules of practice to govern, expedite and effectuate the foregoing
procedure and its own actions thereunder. A hearing panel three or
more commissioners designated by the Commission shall constitute the
Commission for any hearing required to be held by the Commission under
this chapter. The recommended findings, conclusions and order made
by said members shall be final and subject to judicial review. The
recommended findings, conclusions and order made by said hearing panel
shall become a part of the permanent record of the proceeding and
shall accompany any order served upon the parties to the complaint.
(11)
Enforcement, judicial review and penalty.
(a)
Injunction. If the Commission concludes, at any time following
the filing of a complaint under this chapter that prompt judicial
action is necessary to prevent immediate and irreparable harm, the
Commission may commence an action in the Court of Common Pleas, and
that Court may grant an appropriate preliminary or special injunction
pending final disposition of the complaint. Any such order relief
shall be granted in accordance with the Pennsylvania Rules of Civil
Procedure Section 1531.
(b)
Enforcement. The complainant or the Commission may secure enforcement
of the order of the Commission or other appropriate relief. When the
Commission has heard and decided any complaint brought before it,
enforcement of its order shall be initiated by the filing of a petition
in court, together with a transcript of the record of the hearing
before the Commission, and issuance and service of a copy of said
petition as in proceedings in equity. The Commission's copy of the
testimony shall be available at all reasonable times to all parties
for examination without cost, and for the purpose of enforcement or
judicial review of the order. Any failure to obey an order of the
Court may be punishable by such Court as contempt thereof.
(c)
Enforcement by private person.
[1]
In cases involving a claim of discrimination, except for claims
alleging discriminatory housing practices, if a complainant invokes
the procedures set forth in this act, that individual's right of action
in the courts of the Commonwealth shall not be foreclosed. If within
one year after the filing of the complaint with the Commission, the
Commission dismisses the complaint, or for whatever reason closes
the complainant's case, or has not entered into a conciliation agreement
to which the complainant is a party, the Commission must so notify
the complainant. On receipt of such a notice, the complainant shall
be able to bring an action in the Court of Common Pleas of Lackawanna
County based on the right to freedom from discrimination granted by
this chapter. A person claiming to be aggrieved by a discriminatory
housing practice, may commence a civil action whether or not a complaint
has been filed under this section and without regard to the status
of any such complaint, but if the Commission has obtained a conciliation
agreement with the consent of an aggrieved person, no action may be
filed under this chapter by such aggrieved person with respect to
the alleged discriminatory housing practice which forms the basis
for such complaint, except for the purpose of enforcing the terms
of such an agreement. A person alleged to be aggrieved by a discriminatory
housing practice may not commence a civil action under this chapter
with respect to an alleged discriminatory housing practice which forms
the basis of a charge issued by the Commission, if the Commission
or an administrative law judge assigned by the Commission has commenced
a hearing on the record under this chapter with respect to such charge.
[2]
An action under this subsection shall be filed within two years
of the date of the last alleged discriminatory act. Computation of
such two-year period shall not include any time during which an administrative
proceeding under this chapter was pending with respect to a complaint
under this chapter based upon such discriminatory housing practice.
[3]
If the Court finds that the respondent has engaged in or is
engaging in an unlawful discriminatory practice charged in the complaint,
the Court shall enjoin the respondent from engaging in such unlawful
discriminatory practice and order affirmative action which may include,
but is not limited to, reinstatement or hiring of employees, granting
of back pay, or any other legal or equitable relief as the Court deems
appropriate. Back-pay liability shall not accrue from a date more
than three years prior to the filing of the complaint charging violations
of the chapter.
[4]
The Court shall serve upon the Commission any final order issued
in any action brought under this subsection.
[5]
Findings after trial.
[a]
If, after a trial, held pursuant to Subsection D(11)(c), the Court of Common Pleas finds that a defendant engaged in or is engaging in any unlawful discriminatory practices defined in this chapter, the Court may award attorneys' fees and costs as provided under the Pennsylvania Human Relations Act to the prevailing plaintiff.
[b]
If, after a trial held pursuant to Subsection D(11)(c), the Court of Common Pleas finds that a defendant has not engaged in or is not engaging in any unlawful discriminatory practice as defined in this act, the court may award attorneys' fees and costs to the prevailing defendant if the defendant proves that the complaint was brought in bad faith, except in the case of complaints brought under § 296-4, Unlawful housing practices. For claims raised under the Fair Housing Act, the Department of Housing and Urban Development is responsible for attorneys' fees to prevailing respondents within the framework of the Equal Access to Justice Act.
(d)
Penalties. Any person who shall willfully resist, prevent, impede
or interfere with the Commission, its members, agents or agencies,
in the performance of duties pursuant to this chapter, or shall willfully
violate an order of the Commission, shall be guilty of misdemeanor
and, upon conviction thereof, shall be sentenced to pay a fine of
not more than $600, or to undergo imprisonment not exceeding 30 days,
or both, in the discretion of the court, but procedure for the review
of an order shall not be deemed to be such willful conduct. The provisions
of this chapter shall be construed liberally for the accomplishment
of the purposes thereof, and any law inconsistent with any provisions
hereof shall not apply.
(12)
Except as otherwise provided, any order of the Commission may
be subject to judicial review under provisions appearing in 2 P.S
§§ 751 through 764.
(13)
Where a provision of this chapter is found to be in conflict
with the provision of any other ordinance of the City, or in any regulation
issued under the authority of such Ordinance, the provisions which
establish the higher standard for the protection of the health, safety
and welfare shall prevail.
