The following words and phrases when used in this chapter shall
have the meanings given to them in this section. To the extent words
and phrases appearing in this chapter are not expressly defined herein,
their meanings for purposes of this chapter shall be the same as such
words are defined in the Pennsylvania Human Relations Act, and such
words, if not therein defined, shall be construed consistently with
the Pennsylvania Human Relations Act.
DISCRIMINATION
Any discriminatory act(s) taken by any person, employer,
entity, employment agency, or labor organization, with respect to
or involving a transaction related to employment, public accommodations,
commercial property or housing accommodations, on the basis of a person's
race, color, religious creed, ancestry, age, sex, national origin,
mental or physical disability, use of guide or support animals because
of the blindness, deafness or physical or mental disability of the
user or because the user is a handler or trainer of support or guide
animals, or a person's actual or perceived sexual orientation,
gender identity or gender expression.
[Amended 3-15-2017 by Ord. No. 4101]
DISCRIMINATORY ACTS
All acts or actions defined in the Pennsylvania Human Relations
Act as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations, when those acts or actions are taken on the basis
of a person's race, color, religious creed, ancestry, age, sex,
national origin, handicap or disability, use of guide or support animals
because of the blindness, deafness or physical or mental disability
of the user, or because the user is a handler or trainer of support
or guide animals or when those acts or actions are taken on the basis
of a person's actual or perceived sexual orientation, gender
identity or gender expression.
[Amended 3-15-2017 by Ord. No. 4101]
EMPLOYER
Any person, as defined in this section, including the Township,
its departments, boards and commissions, and any other government
agency or school district within its jurisdiction, employing four
or more individuals within the Township. "Employer" excludes individuals
acting in a supervisory capacity unless they are an owner of the entity
employing the complainant.
[Amended 3-15-2017 by Ord. No. 4101]
GENDER EXPRESSION
The manner in which a person's gender identity is communicated
to others, through appearance, behavior, or physical characteristics
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or sex at birth, and shall include, but is not limited
to, persons who are undergoing or have completed sex change.
GENDER IDENTITY
The gender(s), or lack thereof, a person self-identifies
as, whether or not based on biological fact.
HOUSING ACCOMMODATIONS
Includes 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 publicly offered for sale or lease for the purpose of constructing
or locating thereon any such building, structure, mobile home site
or facility. This provision shall not apply to the rental or leasing
of a room or rooms in an owner-occupied, single-family residential
property or a carriage house or a garage on an owner-occupied, single-family
residential property, but this provision shall apply to multi-unit
apartment buildings, whether or not owner-occupied, with two or more
dwelling units.
[Amended 3-15-2017 by Ord. No. 4101]
PERSON
One or more individuals, partnerships, associations, organizations,
corporations, limited liability entities, legal representatives, trustees
in bankruptcy or receivers, including, but not limited to, any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, lending institution and the Commonwealth of
Pennsylvania, and all political subdivisions, authorities, boards
and commissions thereof.
[Amended 3-15-2017 by Ord. No. 4101]
PUBLIC ACCOMMODATION
Any accommodation which is open to, accepts or solicits the
patronage of the general public, but shall not include any accommodations
which are in their nature distinctly private.
[Amended 3-15-2017 by Ord. No. 4101]
TOWNSHIP
The Township of Lower Merion, County of Montgomery, Commonwealth
of Pennsylvania.
[Amended 3-15-2017 by Ord. No. 4101]
A. Nothing contained herein shall apply to a religious corporation,
association, educational institution or society with respect to the
employment of individuals of a particular religion to perform work
directly connected with carrying on of its religious activities.
B. Nothing contained herein shall 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 any housing
accommodation, or from making such selection as is calculated by such
organization to promote the religious principles for which it is established
or maintained.
C. An employer shall not be prevented from enforcing a dress code which
is reasonably related to the business or profession being conducted.
Having exhausted the administrative remedies set forth herein, an aggrieved person shall have the right to pursue any rights or causes of action at law or in equity to which such person may be entitled. Remedies available shall include those remedies set forth in §
93-6D(5),
(6) and
(7) of this chapter.