[HISTORY: Adopted by the Borough Council
of the Borough of New Hope as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-10-2002 by Ord. No. 2002-4]
[Amended 5-17-2011 by Ord. No. 2011-05; 3-18-2014 by Ord. No.
2014-02]
The following words and phrases when used in
this article shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Housing accommodations held or offered for sale or rent (a)
by a real estate broker, representative or by any person pursuant
to authorization of the owner; (b) by the owner himself/herself; or
(c) by legal representatives, but shall not include either rental
of a room or rooms in a personal residence or the rental of one living
unit other than that of the owner in a personal residence, when such
room, rooms or living unit is offered for rent by the owner or by
his/her broker, salesperson, agent or employee.
The New Hope Borough Human Relations Commission, as established
under this article.
The Council of the Borough of New Hope.
Any difference in treatment in hiring, referring for hire,
promoting, training, in membership in employee or labor organizations,
in rendering service in places of public accommodation, or in the
sale, lease, rental or financing of housing because of a person's
sexual orientation, gender identity, race, color, religious creed,
ancestry, age, sex, national origin, familial status or non-job-related
handicap or disability or the use of a guide or support animal because
of the blindness, deafness or physical handicap of any individual
or independent contractor.
Any person who employs one or more employees exclusive of
parents, spouse or children, including the Borough, its departments,
boards and commissions, but excluding any fraternal, sectarian, charitable
or educational group which is operated, supervised or controlled by
or in connection with a religious organization, or religious group.
Shall not include the employment of individuals as domestic
servants or in a personal or confidential capacity.
Any person regularly undertaking with or without compensation
to procure opportunities to work or to procure, recruit, refer or
place employees.
Self-perception, or perception by others, as male or female,
and shall include 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; and shall include, but
is not limited to, persons who are undergoing or have completed sex
reassignment.
Any building, structure or portion 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, and any vacant land offered for sale or lease
for commercial housing.
Any organization which exists for the purpose, in whole or
in part, of collective bargaining or of 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.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living, sleeping, cooking and eating
purposes and to be occupied by no more than one family, one group
or one individual.
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 Borough and its departments, boards and commissions.
A building or structure occupied by the owner thereof as
a bona fide residence for himself/herself and any member of his/her
family forming his/her household containing living quarters occupied
or intended to be occupied by either no more than two individuals,
two groups or two families living independently of each other, or
no more than three roomers living independently of each other in addition
to the owner thereof and any of his/her family forming his/her household.
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public.
Actual or perceived homosexuality, heterosexuality and bisexuality.
[Added 5-17-2011 by Ord. No. 2011-05]
A.
There
is hereby established a Human Relations Commission in and for the
Borough of New Hope.
B.
The Commission
shall consist of a minimum of three and a maximum of five individuals,
all of whom shall be residents of or be employed in New Hope Borough.
C.
Commission
members shall represent the diversity of New Hope Borough. Commission
members shall not be employees of New Hope Borough, nor elected or
appointed officials of New Hope Borough.
D.
Members
of the Commission shall serve terms not to exceed three years. The
terms of members shall always be staggered in such a manner so at
least one expires annually. The Council may appoint any member for
less than a three-year term to ensure staggered terms.
E.
The Council may appoint at least one but no more than three persons to serve as alternate members of the Commission. The term of office of an alternate member shall be as provided in Subsection D of this section.
F.
Members
of the Commission are strictly volunteers, and shall serve without
compensation.
G.
The Council
hereby grants to the Commission only the powers, duties and responsibilities
specifically set forth in this article.
A.
It shall be an unlawful employment practice, except
where based upon applicable national security regulations established
by the United States:
(1)
For any employer to refuse to hire, discharge, or
discriminate against any person because of sexual orientation or gender
identity with respect to tenure, promotions, terms, conditions or
privileges of employment or with respect to any matter directly or
indirectly related to employment.
(2)
For any employer, employment agency or labor organization
to establish, announce or follow a policy of denying or limiting,
through a quota system or otherwise, the employment or membership
opportunities, of any individual or group because of sexual orientation
or gender identity.
(3)
For any employer, employment agency or labor organization
prior to employment or admission to membership to:
(a)
Make any inquiry concerning, or make any record
of the sexual orientation or gender identity of any applicant for
employment or membership.
(b)
Use any form of application for employment of
personnel or membership blanks containing questions or entries regarding
sexual orientation or gender identity.
(c)
Cause to be printed, published, or circulated
any notice or advertisement relating to employment or membership indicating
any preference, limitation, specification or discrimination based
upon sexual orientation or gender identity.
(5)
For any labor organization to discriminate against
any individual or to limit, segregate or classify its membership in
any way which would deprive such individual of employment opportunities
or limit his/her employment opportunities or otherwise adversely affect
his/her status as an employee or as an applicant for employment or
would affect adversely his/her wages, hours or conditions of employment,
because of sexual orientation or gender identity.
(6)
For any employer, employment agency or labor organization
to penalize or discriminate in any manner against any individual because
he/she has opposed any practice forbidden by this article or because
he/she has made a charge, testified or assisted in any manner in any
investigation, proceeding or hearing hereunder.
(7)
For any person to aid, abet, incite, compel or coerce
the doing of any unfair employment practice or to obstruct or prevent
any person from complying with the provisions of this article or any
order issued hereunder or to attempt directly or indirectly to commit
any act declared by this article to be an unfair employment practice.
B.
Exceptions. It shall not be an unlawful employment
practice for:
(1)
An employer to express a preference for a certain
kind of applicant where the position to be filled requires special
qualifications, skills or experience.
(2)
An employer to express a preference for a certain
kind of applicant where the position to be filled is that of a domestic
or the position is of a personal or confidential nature.
(3)
An employer, employment agency or labor organization
to observe the terms of a collective bargaining agreement, bona fide
seniority system or any bona fide employee benefit plan such as retirement,
pension, or insurance plan, which is not a subterfuge to evade the
purposes of this article.
(4)
An employer to discharge or otherwise discipline an
employee for good cause.
C.
Employee benefits. Nothing in this section shall apply
with respect to employee benefits offered by an employer whose employee
benefits plan is governed by the Employee Retirement Income Security
Act of 1974 (ERISA), including, but not limited to, employee benefits
that are not part of an "employee benefits plan" as defined by ERISA.
A.
It shall be an unlawful housing practice:
(1)
For the owner of any commercial housing, or any other real property except as provided in Subsection (c) of the definition of "commercial housing" in § 129-1 hereof, to refuse to sell, rent, lease or in any way discriminate because of sexual orientation or gender identity in the terms, conditions, or privileges of the sale, rental or lease of any commercial housing accommodation or other real property or in the furnishing of facilities or services in connection therewith.
(2)
For any lending institution, to discriminate against
any person because of sexual orientation or gender identity in lending,
guaranteeing loans, accepting mortgages or otherwise making available
funds for the purchase, acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation.
(3)
For any person to make, print or circulate or cause
to be made, printed or circulated any written or oral statement, advertisement,
or publication, or to use any form of application for the purchase,
rental or lease of housing accommodations or to make real estate appraisals,
financial or credit reports or any record or inquiry in connection
with the prospective purchase, rental or lease of housing accommodations
which express, directly or indirectly, any limitation, specification
or discrimination as to sexual orientation or gender identity or any
intent to make any such limitation, specification or discrimination.
(4)
For any person being the owner, lessee, manager, superintendent,
agent or broker of any commercial housing, or any other person whose
duties, whether voluntary or for compensation, relate to the rental,
sale or leasing of commercial housing, to establish, announce, follow
a policy of denying or limiting, through a quota system or otherwise,
the housing opportunities of any individual or group on the basis
of sexual orientation or gender identity.
[Amended 6-13-2007 by Ord. No. 2007-08]
(5)
For any person to harass, threaten, harm, damage or
otherwise penalize any individual, group or business because he/she
or they have complied with the provisions of this article, or because
he/she or they have exercised his/her or their rights under this article,
or enjoyed the benefits of this article, or because he/she or they
have made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing hereunder.
(6)
For any person subject to this article to fail to
post and exhibit prominently in any place of business where the sale
or rental of housing accommodations is carried on, any fair practices
notice prepared and distributed by the Council.
(7)
For any person to give false or misleading information,
written or oral, with regard to the sale or rental of any commercial
housing for the purpose of discriminating on the basis of sexual orientation
or gender identity.
(8)
For any person to make any distinctions in the location
of a house, lot, apartment or other commercial housing or to make
any distinctions relating to the time of delivery of a house or the
date of availability of an apartment or other commercial housing on
the basis of sexual orientation or gender identity.
(9)
For any person to aid, abet, incur, induce, compel
or coerce the doing of any unlawful housing practice prohibited by
this article or to obstruct or prevent any person from complying with
the provisions of this article or any order issued hereunder.
(10)
For any person selling, renting or leasing housing
accommodations, as broker or agent or as an employee or representative
of a broker or agent, to refuse or limit service to any person on
the basis of sexual orientation or gender identity or to accept or
retain a listing of any housing accommodation for sale, rent or lease
with an understanding that discrimination may be practiced in connection
with the sale, rental or lease thereof.
(11)
For any real estate broker or agent, or the
employee or representative of any such broker or agent to solicit
any property for sale or rental, or the listing of any property for
sale or rental at any time after such broker, agent, employee or representative
shall have notice that any owner of such real estate does not desire
to sell such real estate, or does not desire to be solicited, either
by such broker or agent, or by any and all brokers or agents. The
word "solicit" shall mean any printed matter mailed or delivered to
the owner or occupant of a residential property by any real estate
broker or agent or representative of any such broker or agent or any
oral communication made either in person or by telephone to the owner
or occupant of a residential property by any real estate broker or
agent which advertises the accomplishments and/or abilities of the
real estate broker or agent to sell homes or rent apartments or requests
or suggests that the owner list his/her house for sale or rent with
the real estate broker or agent or which offers to purchase or rent
the owner's house or apartment.
B.
Exceptions. Nothing herein contained shall:
(1)
Bar any religious or denominational institution or
organization, or any organization operated for charitable or educational
purposes, which is operated, supervised or controlled by or in connection
with a religious organization, from limiting admission to or giving
preference to persons of the same religion or denomination with regard
to the occupancy, leasing, sale or purchase of real estate, or from
making such selection as is calculated by such organization to promote
the religious principles for which it is established or maintained.
(2)
Apply to the rental or leasing of a room or rooms
in a personal residence or the furnishing of facilities or services
in connection therewith.
(3)
Prohibit the owners of any federally regulated housing
for senior citizens from operating in accordance with federal law.
It shall be an unlawful public accommodations
practice for any person being the owner, lessee, proprietor, manager,
superintendent, agent or employee of any place of public accommodation,
resort or amusement to:
A.
Refuse, withhold from, or deny to any person because
of his/her sexual orientation or gender identity either directly or
indirectly, any of the accommodations, advantages, facilities 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 sexual orientation
or gender identity, or that the patronage of any person of any particular
sexual orientation or gender identity is unwelcome, objectionable
or not acceptable, desired or solicited.
A.
Filing a complaint. A complaint, charging that any
person has engaged in or is engaging in any unlawful practice, as
set forth in this article, may be made by the aggrieved person or
may be filed with the assistance of an authorized representative of
the aggrieved person. Complaints shall be filed with the Borough of
New Hope, Borough Manager. Complaints may be filed in person at the
Borough of New Hope or be mailed to the Borough of New Hope. The complaint
shall be in writing on forms provided by the Borough, signed by the
aggrieved person and notarized, and shall contain the following information:
(1)
The name and address of the aggrieved person;
(2)
The name and address of the person or persons alleged
to have committed the unlawful practice;
(3)
The address and, if appropriate, a description of
the dwelling unit which is involved;
(4)
A concise statement of the facts, including pertinent
dates, constituting the alleged discriminatory practice; and
(5)
Such other information as may be required by the Borough.
B.
Upon receipt of a complaint, the Borough shall promptly
notify the respondent or person charged with the commission of a discriminatory
practice. Such notice shall identify the alleged discriminatory practice
upon which the complaint is based, including the date that it was
accepted for filing, and a copy of this Borough antidiscrimination
article. The notice will advise the respondent of the time limits
applicable to complaint processing under this article and of the procedural
rights and obligations of the respondent under this article, including
the opportunity to submit an answer to the complaint in 30 days of
the receipt of the notice. The notice will advise the respondent that
retaliation against any person because he or she made a complaint
or testified, assisted or participated in an investigation, mediation
or conciliation under this article is a discriminatory practice that
is prohibited by this article.
C.
The aggrieved person must appear and respondent shall
have the right, but not the obligation, to appear at any conciliation
or mediation. Both the aggrieved person and respondent have the right
to be represented by an attorney or any other person.
D.
Conciliation.
[Amended 5-17-2011 by Ord. No. 2011-05]
(1)
The
Borough Manager shall invite the parties to a conciliation meeting
before the Commission in an attempt to reconcile their differences.
If both parties agree to conciliation, the Commission shall convene
a meeting with the parties within 30 days of the request of the Borough
Manager.
(2)
The
conciliation meeting of the Commission is strictly designed to assist
the parties in attempting to reconcile their differences. The conciliation
meeting before the Commission shall not be open to the public, as
the Commission is not authorized to take any official action or to
render advice on New Hope business.
E.
Mediation. If the parties are unable to reconcile
their differences, they may attempt to resolve the dispute arising
from the filing of a complaint as provided for in this article through
mediation. Participation in mediation shall be voluntary. New Hope
Borough may contract for the provision of mediation services.
(1)
If the parties do not reconcile differences within
60 days of the filing of the complaint, the Borough shall notify the
mediation service of the complaint. Such notice shall include the
name, address, and telephone number of the complainant and respondent.
(2)
Immediately upon receipt of notification of a complaint
by the Borough, the mediation service shall contact both parties and
offer to mediate the dispute. Mediation shall be completed within
30 days of the date the parties are notified by the mediation service.
The mediators assigned to mediate any dispute arising from a complaint
filed under the provisions of the article shall not be current employees
or elected officials of the Borough of New Hope. Either party to the
dispute may request an alternate mediator be assigned to mediate the
dispute should the party believe the said assigned mediator would
be unable to conduct the mediation in a fair and impartial manner.
(3)
The parties to the dispute are responsible for payment
of any fees charged by the mediation service.
(5)
Following the completion of mediation, the mediation
service shall notify the Borough, in writing, that mediation has been
completed. This notice shall include the parties to the dispute and
whether or not the mediation succeeded in resolving the dispute.
F.
Statute of limitations. A complaint must be filed
with the Borough Manager's office within 60 days of the alleged discrimination.
G.
Due to
the private and sensitive nature of records generated pursuant to
the provisions of this article, it is the intent that any records
generated or produced pursuant to this article not be considered records
of New Hope Borough or the Commission and that such records be exempt
from public disclosure to the fullest extent provided by law.
[Added 5-17-2011 by Ord. No. 2011-05]
A.
Notwithstanding the provisions of § 129-5, any person aggrieved by a violation of this article may have a right of action in a court of competent jurisdiction as allowed under the law.
B.
Nothing in this article limits the right of an injured
person to recover damages under any other applicable law or legal
theory.
[Adopted 3-18-2014 by Ord. No. 2014-02]
A.
New Hope Borough is committed to promoting justice, equality and
inclusiveness to its residents, its employees and to the employees
of businesses and other establishments located in New Hope Borough.
The New Hope Borough Council finds that New Hope Borough is made up
of a diversity of households; and that in those households relationships
exist in many forms. Those forms include committed couples in same
sex relationships.
B.
By and through this article, the New Hope Borough Council hereby
creates the New Hope Borough Life Partnership Registry. The Council
believes maintaining such a registry is the best way for New Hope
Borough, its residents and businesses, and all private and public
entities located in New Hope Borough, to reliably ascertain whether
an individual is in such a committed relationship.
C.
By creating the Life Partnership Registry, the New Hope Borough Council
declares it the policy of New Hope Borough to allow any two adults
in a committed relationship who meet the Life Partnership Registry
criteria set forth in this article to register with New Hope Borough
and to obtain a certification of the entry of their life partnership
in the Life Partnership Registry.
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
A person involved in a life partnership.
A committed and long-term relationship between two life partners.
The form or forms that register a life partnership in the
Life Partnership Registry pursuant to the provisions of this article.
The records repository maintained by New Hope Borough, wherein
life partners with a mutual residence may register their life partnership.
An arrangement meaning that life partners contribute to each
other's maintenance, well-being and financial support.
The permanent home where both life partners reside and perform
those tasks normally associated with one's continuing home.
A.
The New Hope Borough Life Partnership Registry is hereby created,
in conformance with the provisions of this article.
B.
A life partnership may be registered with New Hope Borough by any
two life partners by filing a life partnership declaration with New
Hope Borough, together with all other requirements of this article.
Upon payment of any required fees, New Hope Borough shall enter the
life partnership in the Life Partnership Registry, setting forth the
names and mutual residence of the life partners. Upon entry in the
Life Partnership Registry, New Hope Borough shall issue a certification
to the life partners reflecting that their life partnership has been
entered in the Life Partnership Registry.
C.
A life partnership declaration shall be on forms prescribed by New
Hope Borough, and shall contain, at a minimum, the name and address
of each life partner, and the signature of each life partner. In addition,
to be eligible to register a life partnership with New Hope Borough,
each life partner must state that:
(1)
Each person is at least 18 years of age and is competent to contract;
(2)
Each person is unmarried according to the laws of the Commonwealth
of Pennsylvania, with neither being registered in or a member of another
life partner relationship, domestic partnership or civil union with
anyone other than the codeclarant;
(3)
They are not related to the other declarant by blood in any way that
would prohibit marriage in the Commonwealth of Pennsylvania;
(4)
Each person considers himself or herself to be a member of the immediate
family of the other life partner and to be mutually responsible for
maintaining and supporting the life partnership;
(5)
The life partners reside together in a mutual residence; and
(6)
Each life partner expressly declares his or her desire and intent
to designate the other life partner as his or her health care surrogate
and as his or her agent to direct disposition of his or her body for
funeral and burial.
D.
Any life partner to a life partnership may file an amendment with
New Hope Borough to reflect a change in his or her legal name or address
as shown on the Life Partnership Registry. Amendments must be signed
by both life partners to the life partnership.
A.
Either life partner to a registered life partnership may terminate
such registration by filing a termination of life partnership statement
with New Hope Borough on such forms as New Hope Borough shall prescribe.
Upon the payment of any required fee, New Hope Borough shall remove
the life partnership from the Life Partnership Registry, shall file
the termination of life partnership statement with the public records
of New Hope Borough, and shall issue a certification to each life
partner of the former life partnership that their life partnership
has been removed from the Life Partnership Registry.
B.
A registered life partnership shall be deemed to have been removed
from the Life Partnership Registry upon the death of either life partner.
New Hope Borough shall issue a confirmation that the life partner
has registered his or her life partnership in accordance with the
provisions of this article and that such life partnership registration
is valid and outstanding to any health care facility, employer, funeral
or burial caretaker, educational institution or any other private
or public entity, to the extent such third party seeks corroboration
of the life partnership of a life partner.
A.
Registration of a life partnership in the New Hope Borough Life Partnership
Registry creates no legal rights or duties from one life partner to
another. Nothing in this article shall affect legal rights and duties
which the life partners agree in an otherwise legally enforceable
writing that they will owe to each other and which are not otherwise
prohibited by any applicable law or regulations.
B.
Nothing in this article shall be interpreted to alter, affect or
contravene any local, county, state or federal law or to impair any
court order or contractual agreement. Nothing in this article shall
be construed as recognizing or treating a registered life partnership
as a marriage where otherwise prohibited by law.
