The following words, terms and phrases when used in the chapter
shall be defined as follows, unless the context clearly indicates
otherwise:
ACCESSIBLE
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."
AGE
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.
COMMERCIAL PROPERTY
A.
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
B.
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.
COMMISSION
The Human Relations Commission of the City of Scranton.
DISABILITY or HANDICAP
Herein referred to as disability, with respect to a person,
means:
A.
Physical or mental impairment which substantially limits one
or more of such person's major life activities;
B.
Record of such an impairment; or
C.
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).
D.
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.
DISCRIMINATION
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.
EMPLOYEE
Does not include:
A.
Any individuals who, as part of the employment, reside in the
personal residence of the employer; or
B.
Any individual employed by said individual's parents, spouse
or child;
C.
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.
EMPLOYER
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.
EMPLOYMENT AGENCY
Includes any person regularly undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer or place employees.
FAMILIAL STATUS
A.
One or more individuals who have not attained the age of 18
years being domiciled with:
(1)
A parent or other person having legal custody of such individual
or individuals; or
(2)
The designee of such parent or other person having said custody,
with the written permission of such parent or other person.
B.
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.
GENDER IDENTITY
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.
HOUSING ACCOMMODATIONS
A.
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
B.
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 FOR OLDER PERSONS
A.
Housing:
(1)
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
(2)
Is intended for and solely occupied by persons 62 years of age
or older; or
(3)
Is intended and operated for occupancy by at least one person
55 years of age or older per unit.
B.
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:
(1)
That at least 80% of the units are occupied by at least one
person 55 years of age or older per unit; and
(2)
The publication of, and adherence to, policies and procedures
which demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older.
C.
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.
LABOR ORGANIZATION
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.
LENDING INSTITUTION
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.
OWNER
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.
PERSON
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.
PROTECTED CLASS
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.
PUBLIC ACCOMMODATION RESORT or AMUSEMENT
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.
REAL ESTATE RELATED TRANSACTIONS
Any of the following:
A.
The making or purchasing of loans or providing other financial
assistance:
(1)
For purchasing, constructing, improving, repairing or maintaining
a dwelling, a housing accommodation or commercial property; or
(2)
Secured by real property including residential real estate.
B.
The selling, brokering, using as collateral, or appraising of
real property including residential real property.
SEX
Male or female, and includes the gender of a person, as perceived,
presumed or assumed by others.
SEXUAL ORIENTATION
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.
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) Exemption. Nothing in §
296-5A,
D,
E and
F or §
296-6 of this chapter shall apply to:
(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.