[Adopted 7-1-2009 by Ord. No. 26-09]
[1]
Editor's Note: For additional prohibitions against discrimination
in County operations see Administrative Code Parts 9, Competitive
Procurement and Contracting, and 10, Personnel; and Arts. 1016, Gender
and Race Equity Audit, and 1204, Diversity Review.
In order to assure that all persons regardless of race, color,
religion, national origin, ancestry or place of birth, sex, gender
identity or expression, sexual orientation, disability, marital status,
familial status, age or use of a guide or support animal because of
blindness, deafness or physical disability 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.
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
Being in compliance with the applicable standards set forth
in the following:
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 County of Allegheny.
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 of or addiction 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 a 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 as defined under the terms of this article,
and shall include but not be limited to such treatment in hiring,
referring for hire, 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 public accommodation because of protected class based upon race,
color, religion, national origin or ancestry, sex, gender identity
or expression, sexual orientation, disability, marital status, familial
status, age or use of a guide or support animal because of blindness,
deafness or physical disability of any individual or independent contractor
or because of the disability of an individual with whom the person
is known to have an association.
Does not include:
Any individuals who, as a part of their 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 County appropriations.
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including the County
of Allegheny, its departments, boards, commissions and authorities,
any other governmental agency within its jurisdiction, but excluding
any religious, fraternal, charitable or sectarian organization.
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: (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 such custody, with the written
permission of such parent or other person. 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 whether accurate
or not, 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.
Include: (1) any building, structure, mobile home site or
facility, 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 whether
or not living independently of each other; and (2) 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. The term "housing accommodation" shall not include any personal
residence offered for rent by the owner thereof.
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
That is intended for, and solely occupied by, persons 62 years
of age or older; or
That is intended and operated for occupancy by at least one
person 55 years of age or older per unit.
In determining whether housing qualifies as housing for older
persons under the terms of this article, the Commission's requirements
shall include but 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 article.
Includes any person who is subject to the provisions governing
any of the professions and occupations regulated by state licensing
laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act
(Public Law 90-284, as amended, 42 U.S.C. § 3601 et seq.).
Includes 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.
Includes a 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 County and its departments, authorities, boards and commissions.
Public Law 744, No. 322, as amended.[1]
Includes one or more individuals, partnerships, associations,
organizations, corporations, legal representatives, 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.
A building or structure containing living quarters occupied
or intended to be occupied by no more than two individuals, two groups
or two families living independently of each other and used by the
owner thereof as a bona fide residence for himself and any members
of his family forming his household.
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry or place of birth,
sex, gender identity or expression, sexual orientation, disability,
marital status, familial status, age or use of a guide or support
animal because of blindness, deafness or physical disability of any
individual or independent contractor, or because of the disability
of an individual with whom the person is known to have an association.
Any place which is open to, accepts or solicits the patronage
of the general public or offers goods or services to the general public,
including loans, or is listed in the Pennsylvania Human Relations
Act, Section 4,[2] but shall not include any personal or professional services
which are in their nature distinctly private, personal or confidential.
Any of the following:
The making or purchasing of loans or providing other financial
assistance for purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
The purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
The selling, brokering, using as collateral or appraising of
real property.
Male or female, and includes the gender of a person, as perceived,
presumed or assumed by others.
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others, whether or not
such perception is accurate.
A.
It shall be an unlawful employment practice for an employer to discriminate
against any individual with respect to his or her compensation, terms,
conditions or privileges of employment because of the individual's
race, color, religion, national origin, ancestry or place of birth,
sex, gender identity or expression, sexual orientation, disability,
marital status, familial status, age or use of a guide or support
animal because of blindness, deafness or physical disability of any
individual or independent contractor or because of the disability
of an individual with whom the person is known to have an association.
B.
It shall further be unlawful:
(1)
For any employer to refuse to hire or employ or contract with, or
to bar or to discharge from employment such individual or independent
contractor, or to otherwise discriminate against such individual or
independent contractor with respect to compensation, hire, tenure,
terms, conditions or privileges of employment or contract.
(a)
The provisions 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, or 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.
(b)
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.
(2)
For any employer, employment agency, or labor organization, prior
to the employment, contracting with an independent contractor or admission
to membership, to:
(a)
Require an applicant to provide information concerning his or
her membership in a protected class. An employer may inquire as to
the individual's ability to perform the essential functions of
the employment.
(b)
Print or publish or cause to be printed or published any notice
or advertisement relating to employment or membership indicating any
preference, limitation, specification or discrimination based upon
protected class.
(c)
Deny or limit, through a quota system, employment or membership
because of protected class.
(d)
Substantially confine or limit recruitment or hiring of individuals,
with intent to circumvent the spirit and purpose of this article,
to any employment agency, employment service, labor organization,
training school or training center or any other employee-referring
source which services individuals who are predominantly of the same
protected class.
(e)
Deny employment because of a prior disability.
(f)
Exclude or otherwise deny equal jobs or benefits to a person
because of the disability of an individual with whom the person is
known to have a relationship or association.
(3)
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.
(4)
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 article, or
because such individual has made a charge, testified or assisted,
in any manner, in any investigation, proceeding or hearing under this
article; or to aid, abet, incite, compel or coerce the doing of any
act declared by this section to be an unlawful discriminatory practice,
or to obstruct or prevent any person from complying with the provisions
of this article 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.
(5)
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.
C.
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.
D.
Nothing contained within this article shall be construed to bar any
institution or organization for persons with disabilities from limiting
or giving preference in employment or membership to disabled persons.
It shall be an unlawful housing practice for any person to:
A.
Because of race, color, religion, national origin, ancestry or place
of birth, sex, gender identity or expression, sexual orientation,
disability, marital status, familial status, age or use of a guide
or support animal because of blindness or because the user is a handler
or trainer of support or guide animals, deafness or physical disability
of any individual or independent contractor or because of the disability
of an individual with whom the person is known to have an association:
(1)
Refuse to sell, lease, finance or otherwise to deny or withhold any
housing accommodation or commercial property because of protected
class 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 a lease because of pregnancy or the
birth of a child.
B.
Refuse to lend money, whether or not secured by 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.
C.
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.
D.
Refuse 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.
E.
Refuse 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 housing accommodation.
F.
Discriminate against any person in the terms or conditions of any
loan of money, whether or not secured by mortgage or otherwise, for
the acquisition, construction, rehabilitation, repair or maintenance
of housing accommodation or commercial property because of protected
class.
G.
Print, publish, circulate or cause to be made 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.
H.
Require information concerning an individual's 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.
I.
Construct, operate, offer for sale, lease or rent or otherwise make
available housing or commercial property which is not accessible.
A.
It shall be an unlawful real estate practice:
(1)
To deny any person access to or membership or participation in any
multiple-listing service, real estate brokers' organization or
other service, organization, or facility relating to the business
of selling or renting dwellings or commercial property, or to discriminate
against him or her in the terms or condition of such access, membership,
or participation, on account of protected class.
(2)
For any person or other entity whose business includes engaging in
real-estate-related transactions to discriminate against any person
in making available such a transaction, or in the terms or conditions
of such a transaction, because of protected class.
(3)
To 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 there reside, or do not reside,
persons of any particular protected class.
(4)
To 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.
(5)
To 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 such housing
accommodation or commercial property 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.
(6)
To, in any way, misrepresent or otherwise misadvertise within a neighborhood
or community, whether or not in writing, that any housing accommodation
or commercial property within such neighborhood or community is available
for inspection, sale, lease, sublease or other transfer, in any context
where such misrepresentation or misadvertising 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.
(7)
For any person to harass, threaten, intimidate, harm, damage or otherwise
penalize any person, group or business because he or they or it exercised
or encouraged others to exercise their rights under this article,
or because he or they or it has complied with the provisions of this
article, or enjoyed the benefits of this article, or because he or
they or it has made a charge, testified or assisted in any manner
in any investigation, proceeding or hearing hereunder.
(8)
For any person to aid, abet, incite, induce, compel or coerce the
commission of an unlawful 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.
(9)
For any person who with intent to mislead in any proceeding under
this article to destroy or mutilate, falsify, alter or refuse to supply
records and documents produced pursuant to subpoena or other lawful
order under this section.
B.
Nothing in this section shall be construed to:
(1)
Prohibit a person engaged in the business of furnishing appraisals
of real property from taking into consideration factors other than
race, color, religious creed, ancestry, national origin, marital status,
sex, gender identity or expression, sexual orientation, age, disability,
use of a guide or support animal because of a physical disability
or because the user is a handler or trainer of guide or support animals,
or familial status.
(2)
Apply with respect to housing for older persons to the extent that
such language pertains to age or familial status.
(3)
Prohibit a religious organization, association, or society, or any
nonprofit 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 or operates for other than a commercial purpose to persons
of the same religion, or from giving preference to such persons.
(4)
Prohibit a private club not in fact open to the public, which as
an incident to its primary purpose or purposes provides lodgings which
it owns or operates for other than a commercial purpose, from limiting
the rental or occupancy of such lodgings to its members or from giving
preference to its members.
(5)
Apply with respect to discrimination based on sex in the rental or
leasing of housing accommodations in a single-sex dormitory.
It shall be an unlawful public accommodation practice for any
person being the owner, lessee, proprietor, manager, superintendent,
agent or employee of any place of public accommodation, resort or
amusement because of race, color, religion, national origin, ancestry
or place of birth, sex, gender identity or expression, sexual orientation,
disability, marital status, familial status, age or use of a guide
or support animal because of blindness or the training of such animal,
deafness or physical disability of any individual or independent contractor
or because of the disability 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 article
relating to public accommodations.
D.
Construct, operate or otherwise make available such place of public
accommodation, resort or amusement which is not accessible.
A.
Establishment of Commission.
(1)
There is hereby established the Human Relations Commission of the
County of Allegheny composed of seven members. All members of the
Commission shall be residents of the County at the time of appointment
and throughout their service. In the event the requirements of the
position and/or availability of volunteers cannot be found within
the County, then the members need not be residents of the County but
must be either a County taxpayer, maintain a business, be employed
or go to school in the County.
(2)
All members shall be 18 years or older and shall serve terms of four
years each. All appointments shall be made by the Chief Executive
with the approval of County Council, provided that any seat for which
the Executive does not tender a nominee to Council within 30 days
of the seat becoming vacant may be filled by any individual approved
by a majority of the seated members of Council. All nominees for initial
appointments shall be tendered to Council by the Executive within
30 days of the effective date of this article, and any seats for which
a nominee is not provided within that time may be filled by any individual
approved by a majority of the seated members of Council. Three of
the initial appointments shall be for terms of two years, and the
remaining four initial appointments shall be for terms of four years.
All future appointments shall be for terms of four years.
B.
Powers and duties. The Commission is hereby vested with the authority
to administer and enforce this article and shall be given the following
powers and duties:
(1)
To meet and function at any place within the County;
(2)
To adopt, promulgate, amend and rescind rules and regulations to
effect the policies and provisions of this article and to make recommendations
to agencies of the County and County Council to effect such policies,
provided that any such rules or regulations or alterations thereto
are approved by a majority of Council through enactment of an ordinance
or resolution.
(3)
To initiate, receive, investigate, refer for investigation and pass
upon complaints charging unlawful discriminatory practices in violation
of this article taking place within the County.
(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 County.
(5)
To issue such publications and such results of investigations and
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
Chief Executive or his designee, and the County Council 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.
(7)
To rely upon staff employed by the Allegheny County Law Department
and Human Resources Department, to the extent necessary for the accomplishment
of its powers and duties as delineated in this section, provided that
such reliance does not otherwise harm the ability of either Department
to fulfill its regular functions.
C.
The Department of Human Resources shall provide administrative support
services to the Commission. The Commission shall function as an agency
of the County.
A.
Filing a complaint. Any person claiming to be aggrieved by an unlawful
discriminatory practice 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 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/her answer.
B.
Timeliness. 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.
C.
Withdrawal. Any complaint may be withdrawn at any time by the party
filing the complaint.
D.
Preliminary investigation. After the filing of any complaint, if
the Commission determines that an investigation is warranted, the
Commission shall refer the complaint to the Allegheny County Department
of Human Resources, which shall conduct an investigation in order
to determine whether a factual basis for the complaint exists. The
procedure governing such investigation shall be modeled after the
procedure described in § 5-1013.24 of the Administrative
Code of Allegheny County, governing investigation of ethics complaints.
The Department of Human Resources shall not hold hearings, issue findings
to parties, or be empowered to undertake any final action on any complaint
forwarded to it for investigation by the Human Relations Commission.
At the conclusion of the preliminary investigation, the Department
of Human Resources shall forward a summary report to the Human Relations
Commission. The Human Relations Commission may request that the Council
initiate an investigation and/or issue subpoenas to any person charged
with an unlawful practice to furnish information, records or other
documents, and may seek enforcement of any subpoena issued under the
terms of this section by petition to the Court of Common Pleas of
Allegheny County.
E.
Allegation and notice. If it shall be determined after such investigation
that there is no basis for the allegations of the complaint, the Human
Relations Commission shall, within 10 days from such determination,
cause to be issued and served upon the complainant written notice
of such determination and dismissal of the complaint. The complainant
may, within 10 days after such service, file with the Commission a
request for a review. The Commission shall, upon request for such
a review, provide the complainant an opportunity to appear before
the Commission to present such additional information as may be available
to support the allegations of the complaint. The Commission may reinstate
the complaint within 10 days of the review upon a determination that
the additional information presented warrants such reinstatement.
F.
Conciliation. If the Human Relations Commission, after investigation,
determines that probable cause exists for the allegations of the complaint,
the Commission shall immediately endeavor to eliminate the unlawful
practice complained of by persuasion, conference and conciliation.
The Commission and staff shall not disclose identities of the parties
except as required by the Fair Housing Act.
G.
Hearing.
(1)
If the Human Relations 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
may appoint a hearing examiner or designate no fewer than three of
its members to preside at such a meeting, or it may at its election
conduct such hearing en banc.
(2)
When notice of hearing is given as set forth in Subsection E and an election procedure is required by the Fair Housing Act, either party may elect, as an alternative to a public hearing before the Commission, to have the claims asserted in the complaint decided in a civil action brought under the original jurisdiction of Allegheny County Court of Common Pleas. The written notice of the Commission shall be sent to all parties and will inform them of their right to take civil action. An election must be made within 20 days after receipt of the notice of hearing. A party making this election shall notify the Commission and all other parties.
(a)
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.
(b)
In any action brought under this subsection, 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
article, the Court may award attorney's fees and costs to the
complainant on whose behalf the Commission commenced the action in
addition to attorney's fees and costs incurred by the Commission.
H.
Conduct of hearing. The case in support of the complaint shall be
presented to the Commission or before a hearing examiner designated
by the Commission for the purpose of hearing said complaint by its
attorney or agents, by the complainant, or by an agent or representative
of the complainant. 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. 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
Commission shall not be bound by the strict rules of evidence prevailing
in courts of law or equity. The testimony taken at the hearing shall
be under oath and be transcribed.
I.
Findings.
(1)
If, upon all the evidence at the hearing, the Commission shall find
that a respondent has engaged in or is engaging in any unlawful discriminatory
practice as defined in this article, the Commission shall state its
findings of fact, and shall issue and cause to be served on such respondent
an order requiring such respondent to cease and desist from such unlawful
discriminatory practice and to take such affirmative action, including,
but not limited to, reimbursement of certifiable travel expenses in
matters involving the complaint, compensation for loss of work in
matters involving the complaint, hiring, reinstatement or upgrading
of employees, with or without back pay, admission or restoration to
membership in any respondent labor organization, the making of reasonable
accommodations, or selling or leasing specified housing accommodations
or commercial property upon such equal terms and conditions and with
such equal facilities, services and privileges or lending 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,
or other compensation as provided under the Pennsylvania Human Relations
Act.
(2)
In those cases alleging a violation of § 215-33 or 215-34 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, will effectuate the purposes of this article, and including a requirement for report of the manner of compliance.
(a)
Such order may also assess a civil penalty against the respondent in a complaint of discrimination filed under § 215-33 or 215-34 and violations of the Fair Housing Act:
[1]
In an amount not exceeding $10,000 if the respondent has not
been adjudged to have committed any prior discriminatory practice;
[2]
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 this order; or
[3]
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 this order.
(b)
If, however, the acts constituting the discriminatory practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory practice, then the civil penalties set forth in Subsection I(2)(a)[2] and [3] may be imposed without regard to the period of time within which any subsequent discriminatory practice occurred.
(c)
If, upon all the evidence at the hearing, in those cases alleging a violation of § 215-33 or 215-34, the Commission finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this article, the Commission may award attorney's fees and costs to prevailing complainants.
J.
Commonwealth license. When the respondent is a licensee of the Commonwealth
of Pennsylvania, the Commission shall inform the appropriate state
licensing authority of the order with the request that the licensing
authority take such action as it deems appropriate against such licensee.
K.
Dismissal. 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 the complaint
as to such respondent.
L.
Hearing rules and records. The Commission shall establish rules of
practice to govern, expedite and effectuate the foregoing procedure
and its own actions thereunder. Three or more members of the Commission
or a hearing examiner designated by the Commission shall constitute
the Commission for any hearing required to be held by the Commission
under this article. The recommended findings, conclusions and order
made by said members or hearing examiner shall be reviewed and approved
or reversed by the Commission before such order may be served upon
the parties to the complaint. The recommended findings, conclusions
and order made by said members or hearing examiner shall become a
part of the permanent record of the proceeding and shall accompany
any order served upon the parties to the complaint.
A.
Injunction. If the Commission concludes, at any time following the
filing of a complaint under this article, that prompt judicial action
is necessary to prevent immediate and irreparable harm, the Commission
may commence an action in Court of Common Pleas, and that Court may
grant an appropriate preliminary or special injunction pending final
disposition of the complaint. Any such order or relief shall be granted
in accordance with 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 the Court of Common Pleas, 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, if a complainant invokes
the procedures set forth in this article, that individual's right
of action in the courts of the commonwealth shall not be foreclosed.
If, within one year after the filing of a 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 Courts of Common Pleas of
the Commonwealth based on the right to freedom from discrimination
granted by this article.
(2)
An action under this subsection shall be filed within 100 consecutive
calendar days after the date of notice from the Commission closing
the complaint. Any complaint so filed shall be served on the Commission
at the time the complaint is filed in court. The Commission shall
notify the complainant of this requirement.
(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 a complaint charging violations of this article.
(4)
The Court shall serve upon the Commission any final order issued
in any action brought under this subsection.
(5)
If, after a trial held pursuant to Subsection C, the Court of Common Pleas find that a defendant engaged in or is engaging in any unlawful discriminatory practice as defined in this article, the Court may award attorney's fees and costs, as provided under the Pennsylvania Human Relations Act, to the prevailing plaintiff.
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 article, or shall willfully
violate an order of the Commission, shall be guilty of a summary criminal
offense and, upon conviction thereof, shall be sentenced to pay a
fine of not more than $500, 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.
E.
Construction. The provisions of this article shall be construed liberally
for the accomplishment of the purposes thereof.
F.
Timeliness. The time limits for filing under any complaint or other
pleading under this article shall be subject to waiver, estoppel and
equitable tolling.
G.
Except as otherwise provided, any order of the Commission may be
reviewed under the provisions of the Act of December 2, 1968, P.L.
1133 (2 Pa.C.S.A. § 105 et seq.), known as the "Local Agency
Law," as amended.
H.
Where a provision of this article is found to be in conflict with
a provision of any other ordinance of the County, or any regulation
issued under the authority of such ordinance, the provisions which
establish the higher standard for the protection of health, safety
and welfare shall prevail.
