This chapter may be cited as the "Monessen Human Relations Ordinance."
This chapter applies to discriminatory practices, including but not
limited to discrimination in employment, housing and public accommodations,
which occur within the territorial limits of the City of Monessen and to employment,
contracted for, performed or to be performed within these limits, and to housing
accommodations and places of public accommodation, resort, recreation and
amusement located within the territorial limits of the city.
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from context:
COMMISSION
The Commission on Human Relations established in the office of the
Mayor of the City of Monessen by this chapter.
DISCRIMINATE AND DISCRIMINATION
The terms "discriminate" and "discrimination" include any difference
in treatment based on race, color, religion, ancestry, national origin or
place of birth.
EMPLOYER
Any person who employs five or more employees exclusive of the parents,
spouse or children of such person, including the City of Monessen, its departments,
boards, commissions and authorities, and any other governmental agency within
its jurisdiction, but excluding any religious, fraternal, charitable or sectarian
organization which is not supported in whole or part by any governmental appropriations.
EMPLOYMENT
Does not include the employment of individuals in domestic service.
EMPLOYMENT AGENCY
Any person regularly undertaking, with or without compensation, to
procure opportunities for employment or to procure, recruit, refer or place
employees.
HOUSING ACCOMMODATION
A.
A building, structure or portion thereof which is used or occupied,
or is intended, arranged or designed to be used or occupied, as a home, residence
or sleeping place by a person, by a family or by a group of persons living
together; or
B.
A parcel of real property or lot available for the construction of a
housing accommodation.
LABOR ORGANIZATION
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.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association or any
other person regularly engaged in the business of lending money or guaranteeing
loans.
OWNER
Includes the owner, co-owner, lessee, sublessee, mortgagee, 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, or any
person having an equitable or security interest in any housing accommodation,
including the City of Monessen and its departments, boards, commissions and
authorities.
PERSON
Any individual, partnership, corporation, labor organization or other
organization or association, including those acting in a fiduciary or representative
capacity, whether appointed by a court or otherwise. The term "person," as
applied to partnerships or other organizations or associations, includes their
members, and as applied to corporations includes their officers.
REAL ESTATE BROKER
Any natural person, partnership, corporation or other association
which for a fee or other valuable consideration manages, sells, purchases,
exchanges or rents or negotiates, or offers or attempts to negotiate the sale,
purchase, exchange or rental of the property of another, or holds itself out
as engaged in the business of managing, selling, purchasing, exchanging or
renting the real property of another, or collects rent for the use of the
real property of another, and includes real estate salesmen or agents or any
other person employed by a real estate broker to perform or to assist in the
performance of his business.
The Commission shall have the power and it shall be the duty to:
A. Initiate, receive, investigate and seek the satisfactory
adjustment of complaints charging unlawful practices, as set forth in this
chapter.
B. Initiate or receive and investigate other complaints
of discrimination against any person because of race, color, religion, ancestry,
national origin or place of birth and to seek the satisfactory adjustment
of such complaints. Any complaint filed under this subsection which the Commission
believes may constitute a violation of a law of the United States of America
or the Commonwealth of Pennsylvania may be certified to the City Solicitor
for such actions as he may deem proper.
C. Hold public hearings, subpoena witnesses and compel their
attendance, administer oaths, take the testimony of any person under oath
and, in connection therewith, require the production of evidence relating
to any matter under investigation or any question before the Commission, make
findings of fact, issue orders and publish such findings of fact and orders
and do all other things necessary and proper for the enforcement of this chapter.
D. Certify upon the request of any person that a particular
occupation or position is exempt from the provisions of this chapter relating
to unlawful employment practices if the Commission finds that the occupation
or position reasonably requires the employment of a person or persons of a
particular race, color, religion, ancestry, national origin or place of birth,
and that such certification is not sought as means of circumventing the spirit
and purpose of this chapter, the burden of proving the facts required for
such finding to be in each instance upon the person requesting the certification
of exemption from the provisions of this chapter.
E. Study and investigate by means of public hearings or
otherwise any conditions having an adverse effect on intergroup relations
in the City of Monessen and to study the problems of prejudice, intolerance,
bigotry and discrimination as they affect the public safety and general welfare
of the City of Monessen.
F. Institute and conduct educational and other programs
to promote the equal rights and opportunities of all persons, regardless of
their race, color, religion, ancestry, national origin or place of birth and
to promote understanding among persons and groups of different races, colors,
religions, ancestries, national origins or places of birth. In the performance
of its duties, the Commission may cooperate with interested citizens, private
agencies and agencies of the federal, state and local governments.
G. Issue publications and reports of investigation and research
in the field of human relations, and to cooperate with and accept grants from
public and private agencies, including foundation, colleges and universities,
engaged in similar research.
H. Request other departments, boards and commissions of
the city government to assist in the performance of its duties, and such other
departments, boards and commissions shall cooperate fully with the Commission.
I. Assist in the enforcement of fair practices in city contracts.
J. Render from time to time a written report of its activities
and recommendations to the Mayor and City Council.
K. Recommend legislation to promote and ensure equal rights
and opportunities for all persons regardless of their race, color, religion,
ancestry, national origin or place of birth.
L. Adopt such rules and regulations as may be necessary
to carry out the purposes and provisions of this chapter.
It shall be an unlawful employment practice, except where based upon applicable national security regulations established by the United States, by the Commonwealth of Pennsylvania or by any political subdivision of the commonwealth having jurisdiction in the City of Monessen or except where based upon a bona fide occupational exemption certified by the Commission in accordance with §
209-7D of this chapter:
A. For any employer to refuse to hire any person or otherwise
to discriminate against any person with respect to hiring, tenure, compensation,
promotion, discharge or any other terms, conditions or privileges directly
or indirectly related to employment because of race, color, religion, ancestry,
national origin or place of birth.
B. 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 based
on ancestry, national origin or place of birth.
C. For any employer, labor organization, employment agency
or any joint labor-management committee controlling apprentice training programs
to deny to or withhold from any person the right to be admitted to or participate
in a guidance program, an apprenticeship training program, an on-the-job training
program or any other occupational training program because of race, color,
religion, ancestry, national origin or place of birth.
D. For any employer, employment agency or labor organization
to require of any applicant for employment or membership any information concerning
race, color, religion, ancestry, national origin or place of birth.
E. For any employer, employment agency or labor organization
to publish or circulate or to cause to be published or circulated any notice
or advertisement relating to employment or membership which indicates any
discrimination because of race, color, religion, ancestry, national origin
or place of birth.
F. For any employment agency to fail or refuse to classify
properly or refer to employment or otherwise to discriminate against any person
because of race, color, religion, ancestry, national origin or place of birth.
G. For any employer substantially to confine or limit recruitment
or hiring of employees, with intent to circumvent the spirit and purpose of
this chapter, to any employment agency, employment service, labor organization,
training school, training center or any other employee-referring source which
serves persons who are predominantly of the same race, color, religion, ancestry,
national origin or place of birth.
H. For any labor organization to discriminate against any
person in any way which would deprive or limit his employment opportunities
or otherwise adversely affect his status as an applicant for employment or
as an employee with regard to tenure, compensation, promotion, discharge or
any other terms, conditions or privileges directly related to employment because
of race, color, religion, ancestry, national origin or place of birth.
I. For any employer, employment agency or labor organization
to discriminate against any person because he has opposed any practice forbidden
by this chapter or because he has made a complaint or testified or assisted
in any manner in any investigation of proceeding under this chapter.
J. For any person, whether or not an employer, employment
agency or labor organization, to aid, incite, compel, coerce or participate
in the doing of any act declared to be an unlawful employment practice by
this chapter or to obstruct or prevent any person from enforcing or complying
with the provisions of this chapter or any rule, regulation or order of the
Commission or to attempt directly or indirectly to commit any act declared
by this chapter to be an unlawful employment practice.
It shall be an unlawful housing practice, except as otherwise provided
in this section:
A. For any owner, real estate broker or any other person
to refuse to sell, lease, sublease, rent, assign or otherwise transfer or
to refuse to negotiate for the sale, lease, sublease, rental assignment or
other transfer of the title, leasehold or other interest in any housing accommodation
is not available for inspection, sale, lease, sublease, rental, assignment
or other transfer when in fact it is so available, or otherwise to deny or
withhold any housing accommodation from any person because of race, color,
religion, ancestry, national origin or place of birth, or to discriminate
against, segregate or assign quotas to any person or group of persons in connection
with the sale, lease, sublease, rental, assignment or other transfer of the
title, leasehold or other interest in any housing accommodation or housing
accommodations.
B. For any person, including any owner or real estate broker,
to include in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any housing accommodation any clause,
condition or restriction discriminating against or requiring any other person
in the use or occupancy of such housing accommodation because of race, color,
religion, ancestry, national origin or place of birth.
C. For any person, including any owner or real estate broker,
to discriminate in the furnishing of any facilities or services for any housing
accommodation because of race, color, religion, ancestry, national origin
or place of birth.
D. For any person, including any owner or real estate broker,
to publish, circulate, issue or display, or cause to be published, circulated,
issued or displayed, any communication, notice, advertisement or sign of any
kind relating to the sale, rental, lease, sublease, assignment, transfer or
listing of a housing accommodation or accommodations which indicated any preference,
limitation, specification or discrimination based on race, color, religion,
ancestry, national origin or place of birth.
E. For any person, including any bank, banking organization,
mortgage company, insurance company or other financial or lending institution,
or any agent or employee thereof, to whom application is made for financial
assistance for the purchase, lease, acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or housing accommodations:
(1) To discriminate against any person or group of persons
because of race, color, religion, ancestry, national origin or place of birth
of such person or group of persons or of the prospective occupants or tenants
of such housing accommodation in the granting, withholding, extending, modifying,
or renewing or in the rates, terms, conditions or privileges of any such financial
assistance or in the extension of services in connection therewith; or
(2) To use any form of application for such financial assistance
or make any record of inquiry in connection with applications for such financial
assistance which indicates, directly or indirectly, any limitation, specification
or discrimination as to race, color, religion, ancestry, national origin or
place of birth or any intent to make any such limitation, specification or
discrimination.
F. For any real estate broker or real estate salesman or
agent, or any other person for business or economic purposes, to induce, directly
or indirectly, the sale or rental or the listing for sale or rental of a housing
accommodation by representing that a change has occurred or will or may occur
with respect to the racial, religious or ethnic composition of the street,
block, neighborhood or area in which said housing accommodation is located.
G. For any person, whether or not a real estate broker,
real estate salesman or agent, owner or lending institution to aid, incite,
compel, coerce or participate in the doing of any act declared to be an unlawful
housing practice under this chapter or to obstruct or prevent enforcement
or compliance with the provisions of this chapter or any rule, regulation
or order of the Commission or to attempt directly or indirectly to commit
any act declared by this chapter to be an unlawful housing practice.
H. Nothing in this chapter shall bar any religious or sectarian
institution or organization or any charitable or educational organization
which is operated, supervised or controlled by or in connection with a religious
or sectarian organization or any bona fide private or fraternal organization
from limiting admission to or giving preference to persons of the same religion
or sect or to members of such private or fraternal organization or from making
such selection as is calculated by such organization to promote the religious
or sectarian principles or the aims, purposes or fraternal principles for
which it is established or maintained.
It shall be unlawful public accommodation practice:
A. For the owner, lessee, proprietor, manager, superintendent,
agent or employee of any business or place of public accommodation, resort,
recreation or amusement to:
(1) Refuse, withhold from or deny to any person because of
his race, color, religion, ancestry, national origin or place of birth, either
directly or indirectly, any of the accommodations, advantages, facilities,
services or privileges, products or goods of such place of public accommodation,
resort or amusement; or
(2) 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, goods,
products, services and privileges of any such place shall be refused, withheld
or denied to any person on account of race, color, religion, ancestry, national
origin or place of birth or that the patronage of any person of any particular
race, color, religion, ancestry, national origin or place of birth is unwelcome,
objectionable or not acceptable, desired or solicited.
B. For any person, whether or not included in Subsection
A of this section, to aid, incite, compel, coerce or participate in the doing of any act declared to be an unlawful public accommodations practice under this chapter.
It shall be unlawful for any person, whether or not within the named
classifications set forth in this chapter, to aid, incite, compel, coerce
or participate in the doing of any act declared to be an unlawful practice
under this chapter or to obstruct or prevent enforcement of compliance with
the provisions of this chapter or any rule, regulation or order of the Commission
or to attempt directly or indirectly to commit any act declared by this chapter
to be an unlawful practice.
In the event that the respondent refuses or fails to comply with any order of the Commission or violates any of the provisions of this chapter, the Commission shall certify the case and the entire record of its proceedings to the City Solicitor, who shall invoke the aid of an appropriate court to secure enforcement or compliance with the order or to impose the penalties set forth in §
209-15, or both.
Any person who shall violate any provision of this chapter relating
to unlawful practices or any rule or regulation pertaining thereto adopted
by the Commission or any order of the Commission shall, upon conviction thereof
in a summary proceeding before any District Justice having jurisdiction of
such offense, be sentenced to pay a fine of not more than $300 or to undergo
imprisonment not exceeding 90 days, or both.