[Ord. 2010-9, 8/16/2010]
1.
In order to ensure that all persons, regardless of actual or perceived
race, color, sex, religion, ancestry, genetic information, national
origin, sexual orientation, gender identity or expression, familial
status, marital status, age, mental or physical disability, use of
guide or support animals and/or mechanical aids enjoy the full benefits
of citizenship and are afforded equal opportunities for employment,
housing and the use of public accommodations, and to have equal access
to postsecondary educational institutions, it is necessary that appropriate
legislation be enacted.
2.
It is hereby declared to be the public policy of Doylestown Borough
to foster the employment of all individuals in accordance with their
fullest capacities regardless of actual or perceived race, color,
sex, religion, ancestry, genetic information, national origin, sexual
orientation, gender identity or expression, familial status, marital
status, age, veteran status, mental or physical disability, use of
guide or support animals and/or mechanical aids, and to safeguard
their right to obtain and hold employment without such discrimination,
to assure equal opportunities to all individuals and to safeguard
their rights to public accommodation and to secure housing accommodation
and commercial property without regard to actual or perceived race,
color, sex, religion, ancestry, genetic information, national origin,
sexual orientation, gender identity or expression, familial status,
marital status, age, mental or physical disability, use of guide or
support animals and/or mechanical aids, and to have equal access to
postsecondary educational institutions without regard to actual or
perceived race, color, sex, religion, ancestry, genetic information,
national origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical disability,
use of guide or support animals and/or mechanical aids.
3.
Nothing in this subpart shall be construed as supporting or advocating
any particular doctrine, position, point of view, lifestyle or religious
view. To the contrary, it is the intention of this subpart that all
persons be treated fairly and equally, and it is the express intent
of this subpart to guarantee fair and equal treatment under the law
to all people of the Borough.
4.
This subpart shall be deemed an exercise of the police power of the
Doylestown Borough for the protection of the public welfare, prosperity,
health and peace of the Doylestown community.
[Ord. 2010-9, 8/16/2010]
1.
BOROUGH
BOROUGH COUNCIL
CONVERSION THERAPY
A.
B.
(1)
(2)
DISCRIMINATION
DISCRIMINATORY ACTS
EDUCATIONAL INSTITUTION
GENDER IDENTITY OR EXPRESSION
GENETIC INFORMATION
EMPLOYEE
EMPLOYER
MENTAL HEALTH PROFESSIONAL
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases when used in this subpart shall have
the meanings given to them in this subsection:
The Borough of Doylestown, County of Bucks, Commonwealth
of Pennsylvania.
The Borough Council of Doylestown Borough.
[Added by Ord. 2017-18, 12/18/2017]
Any practices or treatments that seek to change an individual's
sexual orientation and/or gender identity or expression, including
but not limited to efforts to change behaviors or gender expressions,
or to reduce or eliminate sexual or romantic attractions or feelings
toward individuals of the same gender.
Conversion therapy shall not include counseling that:
Provides assistance to a person undergoing gender transition;
and/or
Provides acceptance, support, and understanding of a person
or facilitates a person's coping, social support, and identity exploration
and development, including sexual orientation-neutral and gender identity
or expression-neutral interventions to prevent or address unlawful
conduct or unsafe sexual practices, as long as such counseling does
not seek to change an individual's sexual orientation and/or gender
identity or expression.
Any discriminatory act(s) taken by any person, employer,
employment agency, labor organization or public accommodation on the
basis of actual or perceived race, color, sex, religion, ancestry,
genetic information, national origin, sexual orientation, gender identity
or expression, familial status, marital status, age, mental or physical
disability, use of guide or support animals and/or mechanical aids.
All acts defined in the Pennsylvania Human Relations Act[1] as unlawful discriminatory practices. The fact that the
Pennsylvania Human Relations Act would not define a practice as unlawful
when that practice is taken on the basis of actual or perceived sexual
orientation, gender identity or expression, genetic information or
marital status shall not exempt such practice from being considered
a discriminatory act under this subpart.
Those postsecondary programs defined as educational institutions
pursuant to the Pennsylvania Fair Educational Opportunities Act, 24
P.S. § 5001 et seq.
Self-perception, or perception by others, as male or female,
and shall include an individual'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, are transgendered or gender variant.
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.
§ 2000ff.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Any person who employs one or more employees, including the
Borough, its departments, boards and commissions, and any other government
agency within its jurisdiction.
A person who is licensed to provide professional mental health
care or counseling under Pennsylvania law, or a person who performs
mental health care or counseling as part of the person's professional
training for any of such licensed professions.
[Added by Ord. 2017-18, 12/18/2017]
This subpart, which shall also be known as the "Anti-Discrimination
Ordinance."
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Borough, its departments, boards and commissions, and other for-profit
and nonprofit organizations.
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public or offers
goods or services, including loans, to the general public or is listed
in Section 4(1) of the Pennsylvania Human Relations Act, 43 P.S. § 954(1),
but shall not include any accommodations which are in their nature
distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
2.
To the extent words and phrases appearing in this subpart are not
expressly defined herein, the meaning of this subpart shall be construed
consistently with the Pennsylvania Human Relations Act.
[Ord. 2010-9, 8/16/2010]
1.
Discrimination in housing, employment, public accommodations or access
to educational institutions is prohibited under this subpart.
2.
Retaliation against any individual because such individual has opposed
any practice forbidden by this subpart, or because such individual
has made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing under this subpart, is prohibited under this
subpart.
3.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this subpart to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
subpart, is prohibited under this subpart.
4.
It shall be unlawful to prohibit a breastfeeding mother from, or
segregate a breastfeeding mother within, any public accommodation.
[Added by Ord. 2012-4, 9/24/2012]
5.
It is a prohibited form of discrimination under this section for
a mental health professional to engage in conversion therapy with
a person under 18 years of age.
[Added by Ord. 2017-18, 12/18/2017]
[Ord. 2010-9, 8/16/2010]
Notwithstanding any other provision of this subpart, it shall
not be an unlawful employment practice for a religious corporation
or association, not supported in whole or in part by governmental
appropriations, to refuse to hire or employ an individual on the basis
of religion.
[Ord. 2010-9, 8/16/2010]
1.
Pursuant to 43 P.S. § 962.1 of the Pennsylvania Human Relations
Act, there is hereby established a Human Relations Commission in and
for Doylestown Borough (hereinafter referred to as the "Doylestown
Human Relations Commission" or the "Commission").
2.
The Doylestown Human Relations Commission shall consist of no fewer
than seven and no more than 15 members, who shall serve overlapping
terms of three years each. At all times there shall be an odd number
of members. All members of the Commission shall be appointed by the
Borough Council. The Commission may elect up to three nonvoting, ex
officio members to broaden the diversity that serves on the Commission.
Members shall be residents of the Borough or individuals who work
full-time within Doylestown Borough. No voting member of the Doylestown
Human Relations Commission shall hold any office in any political
party. Members of the Doylestown Human Relations Commission shall
serve without salary but may be paid expenses incurred in the performance
of their duties, as approved by Borough Council. Paid staff may be
hired, as approved by Borough Council, to assist in the performance
of the duties of the Commission.
The Commission shall also have one nonvoting student member.
The student member so appointed shall, at the time of appointment,
be between 15 and 18 years old and shall at all times be a resident
of the Borough of Doylestown and be enrolled in and actively attending
an accredited high school program and be a freshman, sophomore or
junior in such high school program. The student member so appointed
shall serve for a term of one year extending, if appointed as a freshman,
from the month of May in the student's freshman year through the month
of April in the student's sophomore year; if appointed as a sophomore,
from the month of May of the student's sophomore year through the
month of April in the student's junior year; or, if appointed as a
junior, from the month of May in the student's junior year through
the month of April in the student's senior year. The student member
shall be permitted to attend all meetings of the Board and shall be
permitted to participate fully in those proceedings.
[Added by Ord. No. 2021-6, 4/19/2021]
3.
One of the Commission's members shall be appointed as the Chairperson
of the Commission by Borough Council. The Chairperson will be responsible
for setting Commission meetings, coordinating with the Doylestown
Borough Clerk regarding received complaints and answers, and generally
ensuring that the duties of the Commission are fulfilled. The Chairperson
may delegate responsibility for Commission duties to specific Commissioners
or to paid staff, if applicable.
4.
Borough Council hereby grants to the Borough Human Relations Commission
all of the powers necessary to the execution of its duties (as set
forth below), provided that those powers shall not exceed those exercised
by the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
[Ord. 2010-9, 8/16/2010]
1.
Filing a Complaint.
A.
Any person(s) claiming to be aggrieved by an unlawful practice may
make, sign and file a verified complaint alleging violations of this
subpart, which shall include the following information:
(1)
The name and address of the aggrieved person(s);
(2)
The proe and address of the person(s) alleged to have committed the
prohibited practice;
(3)
A concise statement of the facts, including pertinent dates, constituting
the alleged discriminatory practice;
(4)
If applicable, the address and a description of the dwelling unit
which is involved; and
(5)
Such other information as may be required by the Borough.
B.
Complaints may be filed in person at the Borough Clerk's office or
by mailing such complaints to the Borough Clerk's office or to the
Chairperson of the Human Relations Commission. All complaints must
be received by the Borough Clerk's office or by the Human Relations
Commission within 180 days of the alleged act of discrimination to
be considered timely.
C.
The Borough Clerk's office shall convey all original complaints received
by that office to the Chairperson of the Human Relations Commission
within 10 days of the office's receipt of such complaints.
2.
Notification and Answer.
A.
Within 30 days of its receipt of a complaint, the Human Relations
Commission shall:
(1)
Send a copy of the complaint to the person(s) charged with a discriminatory
practice [the "respondent(s)"]; and
(2)
Send a notice to the person(s) aggrieved, informing them that the
complaint has been received. If the complaint alleges discrimination
on a basis prescribed under federal or state law, the notice sent
to the person(s) aggrieved shall also inform them of the right to
file with the state Human Relations Commission and/or with the federal
Equal Employment Opportunity Commission.
B.
The respondent(s) shall file a written verified answer to the complaint
within 60 days of receipt of the complaint. An answer to a complaint
may be filed in the same manner as an original complaint. If the answer
is filed with the Borough Clerk's office, it shall be conveyed by
the Borough Clerk to the Chairperson of the Human Relations Commission
within 10 days of the Borough Clerk's office's receipt thereof. The
Commission shall promptly send a copy of the answer to the person(s)
aggrieved.
3.
Fact-Finding Conference.
A.
After the answer has been received, the Commission shall, within
60 days, invite the parties to voluntarily participate in a fact-finding
conference concerning the dispute. The parties shall respond to the
invitation to participate in a fact-finding conference within 30 days
of being invited to participate.
B.
If the parties agree to participate in a fact-finding conference, the parties shall meet with a Commission member at a location mutually agreeable to the parties within 30 days of the agreement to participate. Each party will be invited at the fact-finding conference to present evidence and documents relevant to the complaint. The fact-finding conference will not be a public event, and no record of the conference will be created, excepting the findings of fact detailed in Subsection 3C.
C.
The parties shall notify the Commission of whether the fact-finding
conference resulted in a resolution of the complaint. In the event
the complaint is resolved, the Commission shall notify the parties
that the complaint has been dismissed. In the event the complaint
is not resolved through the fact-finding conference, then the Commissioner,
within 30 days, shall prepare findings of fact and a conclusion as
to whether the Commissioner finds probable cause that an unlawful
practice has occurred.
4.
Disposition of the Complaint. Provided that the Commission has not elected under Subsection 5 of this section to use expanded procedures, and if the complaint is not resolved through the fact-finding conference, the Commission shall, at the second Commission meeting following the fact-finding conference, consider the findings prepared by the Commissioner who conducted the fact-finding conference. The Commission shall accept or reject the findings by public vote. The Commission shall provide the parties with the findings of fact and conclusion, shall notify the parties of the outcome of the vote, and this notice shall also indicate that the person aggrieved has a right to pursue the matter in court by filing a lawsuit.
5.
Option of the Commission to Elect for Expanded Procedures. The Commission shall have the authority to elect to adopt expanded procedures as set forth in Subsections 6 through 12 of this section subject to approval by the Borough Council and appropriation of funding for such procedures. A majority of Commission members must vote in favor of adopting expanded procedures in order for such procedures to be adopted. In the event that such procedures are adopted, they must, while in effect, be applied to all complaints that are not resolved through a fact-finding conference. If the Commission has adopted expanded procedures, it may also, by majority vote and in its sole discretion, eliminate such procedures.
6.
Expanded Procedures: Dismissal or Nondismissal of the Complaint. If the fact-finding conference was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection 3C of this section for dismissing the complaint. If the fact-finding conference was not successful in resolving the complaint, the Commission shall not dismiss the complaint but shall instead undertake the procedures set out in Subsections 7 through 12 of this section.
7.
Expanded Procedures: Investigation. The Commission shall, in a timely
fashion, investigate the allegations of discrimination set forth in
the complaint. The Commission may, in the conduct of such investigation,
issue subpoenas to any person charged with an unlawful practice to
furnish information, records or other documents, or to give sworn
testimony, as necessary to assist in its investigation.
8.
Expanded Procedures: Finding of No Cause. If it shall be determined
after the Commission's investigation that there is no basis for the
allegations of the complaint, the Commission shall cause to be issued
and served upon the parties written notice of such determination.
This notice shall inform the person aggrieved that he/she has the
right to pursue the matter in court by filing a lawsuit.
9.
Expanded Procedures: Conciliation. If the 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.
10.
Expanded Procedures: Public Hearing.
A.
If the Commission, in its discretion, finds it is not possible to
eliminate the unlawful practices by persuasion, conference or conciliation,
the Commission shall cause to be issued and served a written notice,
together with a copy of the complaint, which informs the respondent
that the respondent must answer the charges of such complaint at a
hearing before the Commission at a time and place to be specified
in such notice.
B.
The Commission may designate one or more of its members to preside
at such a hearing or it may, at its election, conduct such hearing
en banc.
C.
At the public hearing, the case in support of the complaint shall
be presented to the Commission by pro bono counsel, by Commission
staff or by the Borough Solicitor's office. The case in support of
the complaint may instead be presented by the complainant's attorney,
if the complainant is represented. Both the complainant and the respondent
may appear at the hearing with or without counsel and provide testimony.
In addition, both the complainant and the respondent may introduce
the testimony of additional witnesses and may submit documentary evidence.
The Commission and the parties shall not be bound by the strict rules
of evidence at the hearing.
11.
Expanded Procedures: Findings. 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 subpart,
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 additional action as the Commission deems appropriate.
The Commission shall have the authority to order any remedies available
to the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
12.
Expanded Procedures: Finding of No Discrimination. If upon all the
evidence the Commission shall find that a respondent has not engaged
in any unlawful discriminatory practice, the Commission shall state
its findings of fact and shall issue and cause to be served on the
parties an order dismissing the complaint as to such respondent.
[Ord. 2010-9, 8/16/2010]
1.
Any person(s) aggrieved by a violation of this subpart shall have
a right of action in the Bucks County Court of Common Pleas or any
other court of competent jurisdiction and may recover for each violation
the following remedies:
A.
Back pay, front pay and other actual damages, as those remedies are
defined in the Pennsylvania Human Relations Act and case law interpreting
the same;
B.
Emotional distress damages;
C.
Exemplary damages;
D.
Reasonable attorney's fees and court costs; and
E.
Such other relief, including injunctive relief, as the court may
deem appropriate.
2.
The right of action created by this subpart may be brought upon receipt
by the aggrieved person(s) of notice that the Commission has dismissed
the complaint or, if no such notice is received, after one year from
the date of the filing of the complaint. If the person aggrieved has
received notice that the Commission has dismissed the complaint, an
action under this subpart must be brought by the aggrieved person
within one year from the date of receipt of said notice or it will
be barred. Equitable principles such as waiver, estoppel and equitable
tolling shall apply to the time limitations for the filing of any
complaint or other pleading under this subpart.
3.
Nothing in this subpart limits the right of an aggrieved person to
recover under any other applicable law or legal theory.