Any person(s) claiming to be aggrieved by an unlawful practice
may commence a proceeding hereunder by filing a verified complaint
form with the HRC.
A.
Time of filing complaint. The complaint shall be filed within 180
days from the occurrence of the alleged unlawful practice.
B.
Content. Complaints shall be submitted on the complaint forms provided
by the HRC and available on the HRC website and set forth:
(1)
The name, address, and phone number of the person claiming to
be aggrieved, who shall be designated as the "complainant."
(2)
The name(s) and address(es) of the person(s) or entity(ies)
alleged to have committed the practice complained of, who will be
designated as the "respondent."
(3)
A concise statement of facts, including pertinent dates, constituting
the alleged unlawful practice(s).
(4)
If applicable, the address and description of any housing, public
accommodation or commercial property involved.
C.
Where to file. Complaints, answers, and any other documents related
to an action under the HRC Code shall be filed in person or mailed
to the HRC at the Lower Merion Township Manager's office address.
(1)
When received by the Township Manager, any such document shall
be time-stamped to reflect the date received, given a docket number,
and then forwarded to the HRC Chairperson.
(2)
Docket numbers for complaints shall be assigned based on the
year and number of that complaint for each year. For example, HRC
2011-001 would be the first docket number for the year 2011.
D.
Procedure.
(1)
Upon receiving the complaint, the Township Manager shall send
the individual or entity filing the complaint a notice that includes
the following information:
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Important Notice
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Your filing of a complaint with the Lower Merion Human Relations
Commission does not protect your rights under Pennsylvania or federal
law regarding claims for discrimination in employment, housing or
public accommodations. The Lower Merion Human Relations Commission
is not authorized to file a complaint with any other agency on your
behalf.
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To protect your rights under Pennsylvania or federal law regarding
claims for discrimination in employment, housing or public accommodation,
you must also file a complaint with the agency or agencies that handle
those kinds of complaints unless your complaint involves a claim that
is based only on discrimination by reason of sexual orientation or
gender identity or expression.
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Attached is a list of the state and federal agencies where complaints
of discrimination in employment, housing and public accommodation
not based on sexual orientation or gender identity or expression may
be filed to protect your claim. This list is not exhaustive, and you
alone are responsible for determining where to file such complaints
to protect your interests.
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(2)
The Township Manager shall, to the extent possible, keep a current
list of agencies for the filing of complaints for violation of federal
and/or Pennsylvania employment housing or accommodations laws and
provide that list to anyone who requests it.
(3)
After recording the date of receiving the complaint, the Township
Manager shall forward a complete copy of the complaint to the HRC
Chairperson immediately. Within 30 days of its receipt of a complaint,
the HRC Chairperson (or his/her delegate) shall determine if the HRC
has jurisdiction over the complaint. If no jurisdiction exists, the
complainant will be so notified.
(a)
If it cannot be determined from the face of the complaint whether
the HRC has jurisdiction, the Chairperson may ask for additional information
to be gathered to make that determination. Complaints that are not
verified or that do not otherwise fully conform to the requirements
set forth herein may be rejected, in the HRC's discretion, if
the nonconformity is not remedied within a reasonable amount of time
after notice to the complainant.
(b)
Within 10 days of determining that jurisdiction exists, the
HRC shall send a notice to the person(s) aggrieved (the "complainant"),
informing them that the complaint has been received and preliminarily
reviewed for compliance with the HRC Code and these regulations.
(4)
The HRC shall also send a copy of the complaint to the person(s)
charged with an unlawful practice (the "respondent") within 30 days
of the determination that the HRC has jurisdiction over the complaint.
Such notice will be sent by a method that shows proof of receipt by
the respondent.
E.
Amendments. The complaint may be amended at any time prior to a public
hearing before the HRC with approval from the HRC. The complaint may
be amended to cure technical defects or omissions, to clarify or amplify
allegations made therein, or to add material allegations which are
related to, or grow out of, the subject matter of the original complaint,
and these amendments shall relate back to the original filing date
of the complaint. Any amendments to the complaint or answer must be
served upon all other parties.
A.
Filings subsequent to the complaint shall contain the caption which
shall set forth the name(s) of the complainant, the name(s) of the
respondent, the docket number of the action, and the name of the pleading
or motion.
B.
Answers of respondent.
(1)
Time of filing answer. Within 30 days of the respondent's receipt of the complaint from the HRC, the respondent shall file a verified written answer with the HRC, which answer shall be filed in accordance with the procedures set forth in § A181-11C above for the filing of complaints. Upon written request of the respondent, the HRC Chairperson (or his or her delegate) may grant an extension of not more than 30 days in which to file the answer.
(2)
Content. The answer shall be so drawn as to fully and completely
advise the parties and the HRC as to the nature of all defenses, shall
admit or deny each averment of fact with specificity, and shall state
clearly all facts relied upon. Answers shall include the following:
(3)
The HRC shall promptly send a copy of the answer to the complainant.
(4)
The Answer may be amended at any time prior to a public hearing
before the HRC with approval from the HRC. The answer may be amended
to cure technical defects or omissions, to clarify or amplify facts
set forth therein, or to add additional facts and defenses which are
related to, or grow out of, the subject matter of the original answer
and complaint, and these amendments shall relate back to the original
filing date of the answer.
(5)
Failure to answer. If the respondent fails to respond to the
complaint in a timely manner, the HRC may begin to investigate and
reach a determination in the case without input from the respondent.
Should a probable cause finding result from such an investigation,
the complainant may then request a public hearing in order to pursue
damages.
After the answer has been received, the HRC shall, within 15
days, invite the parties in writing to participate voluntarily and
at no expense in the mediation of their dispute. The parties shall
respond to the invitation to mediate within 15 days of being invited.
A.
The HRC shall assemble a list of qualified mediators, establishing
minimum qualifications in training and requiring some background in
employment, housing, and/or public accommodations issues. A member
of the HRC may serve as a mediator.
B.
The HRC shall select a mediator for the parties from a list of qualified
pro bono mediators. There will be no charge to parties for the mediator.
C.
If resolution is reached via mediation, the mediator will convey
this information in a form to the HRC, stating only whether the matter
was resolved.
(1)
The mediator shall have the parties enter into a mediation stipulation
and provide that document to the HRC.
(2)
All mediation proceedings are strictly confidential, and no
settlement terms can be made public. Neither the results thereof nor
any mediation stipulation or any record made in connection therewith
shall be made public unless agreed to in writing by both parties to
the dispute.
(3)
If the mediation resolves the complaint, a form will be issued
to all parties stating that the complaint is dismissed.
D.
If no resolution is reached, a form will be issued to all parties
setting forth the next steps in the process.
(1)
For complaints that allege discrimination on a basis prohibited
under state and/or federal law, the case will be dismissed before
the HRC and the complainant shall be advised that the HRC cannot process
his/her claim any further but that the complainant may pursue his/her
claim before the PHRC, the EEOC, HUD and/or DOJ CRD, as applicable
and if it is not time-barred.
(2)
For complaints that allege discrimination on the basis of sexual
orientation, gender identity, or gender expression, the next steps
will be determined by the HRC and shall involve investigation of the
complaint if the complainant wants to pursue it further.
E.
If the parties fail to mediate within 90 days, the HRC may start
a full investigation of the complaint.
In the event that mediation fails to resolve a complaint, the
HRC shall, in timely fashion, investigate the allegations of an unlawful
practice based on sexual orientation, gender identity, or gender expression
set forth in the complaint.
A.
The Chairperson shall designate a member or members of the HRC to
investigate the complaint. The investigation may include: interviewing
the parties and witnesses, requesting production of records, documents
or other information.
B.
Subpoenas. The designated investigator(s) may request the issuance
of subpoenas to any person commanding such person to furnish information,
records or other documents as necessary to assist in the HRC investigation.
(1)
Such requests will be referred to the Township Solicitor, who
will review the request to determine whether the information, records
or other documents are reasonable in scope and will not unreasonably
burden the individual to whom the subpoena is to be issued.
(2)
If any person shall refuse or neglect to obey any subpoena,
the Township Solicitor, may apply by petition to the Court of Common
Pleas of Montgomery County to enforce its subpoena, and may further
move the Court to impose a fine sufficient to reimburse the Township
for its legal fees incurred to secure compliance.
(3)
If the recipient of a subpoena shall fail to comply with a court
order to respond to an HRC subpoena, such defaulting party may be
held in contempt of court and sanctions may be imposed as the Court
may allow.
If it shall be determined by the designated investigator(s)
after investigation that there is no probable cause for the allegations
of the complaint, there shall be issued and served upon the parties
written notice of such determination and dismissal of the complaint.
This notice shall inform the parties that the complainant has the
right to pursue the matter in Montgomery County Court of Common Pleas
within 60 days.
If the designated investigator(s) determine(s), after investigation,
that probable cause exists for the allegations of the complaint, there
shall be issued and served upon the parties written notice of such
determination.
A.
After issuance of a probable cause finding, the HRC shall endeavor
to eliminate the unlawful practice by persuasion, conference and conciliation.
B.
If it is determined by the Chairperson that both the complainant
and the respondent are willing to participate and that a return to
mediation would be helpful, the HRC may again provide a mediator to
assist the parties in a resolution.
(1)
If the mediator who assisted earlier in the case is available,
he/she may be asked to assist. If that person is unavailable or if
the parties believe a new mediator would be more helpful, another
mediator will be selected by the Chairperson.
A.
The HRC shall issue and serve a written notice on all parties scheduling
a public hearing before the HRC at a time and place to be specified.
Such notice will be sent in a manner to allow proof of receipt. The
HRC may establish such procedures as will facilitate the conduct of
the public hearing, including, but not limited to, pre-hearing conferences,
parties' exchange of evidence and witness lists, use of stipulations,
and procedural deadlines, and other submissions by parties.
B.
The HRC Chairperson shall select a hearing panel comprised of one
or three HRC members for the public hearing (hereinafter "Hearing
Panel") . All rulings and determinations shall be by majority vote.
C.
The public hearing will be conducted as follows:
(1)
Both the complainant and the respondent shall be given the opportunity
to appear, with or without counsel, to testify and present evidence.
(2)
Testimony shall be taken under oath. Formal rules of evidence
shall not apply, but irrelevant or unduly repetitious evidence may
be excluded by the Hearing Panel in its discretion.
(3)
Both the complainant and the respondent may introduce testimony
of witnesses and may submit documentary evidence. All witnesses presented
will be subject to questioning by the opposing party or his/her counsel.
(4)
If objections to the admission or exclusion of testimony or
other evidence are made, the grounds relied upon shall be stated briefly.
Formal exceptions are not necessary and will not be taken to rulings
thereon.
(5)
Prepared expert testimony will be governed by 1 Pa. Code § 35.166
except that the period of 20 days provided therein will be reduced
to 10 days.
(6)
Subpoenas may be issued for the hearing to command the presence of a witness or to compel the production of evidence as set forth above in § A181-14 pertaining to subpoenas.
(7)
Upon written request, in advance of the hearing date, a public
hearing may be rescheduled by the Hearing Panel, for good cause shown
by either of the parties or the Hearing Panel.
(8)
If a party fails to appear at a public hearing, pursuant to
a written notice issued as set forth above, proof of the notice shall
be entered on the record. If the Hearing Panel determines that there
are no legitimate unforeseen circumstances to justify a continuance,
the hearing will proceed without the party.
(9)
At the public hearing, a court reporter shall make a formal
record of the proceedings
(10)
In conducting the hearing, the Hearing Panel shall determine
whether sufficient evidence has been presented to support a finding
that the respondent has engaged in, or is engaging in, an unlawful
practice.
D.
Findings of fact and conclusions. The Hearing Panel shall set forth
its findings of fact and conclusions of law in writing, which shall
be presented to the HRC for final action within 60 days after receipt
of a transcript of the hearing.
(1)
If no unlawful practice is found, the HRC shall issue and serve
on all parties its findings of fact and conclusions of law with its
order dismissing the complaint.
(2)
If a finding of unlawful practice is found, the HRC shall issue
and serve on the respondent its findings of fact and conclusions of
law together with an order requiring the respondent to cease and desist
from such unlawful practice and provide such other relief available
under the law.
E.
Damages and remedies for the complainant include, but are not limited
to the following:
(1)
Compensation for loss of work in employment matters involving
an unlawful practice; however, back pay shall not accrue from a date
more than three years prior to the filing of a complaint charging
violations hereunder.
(2)
Hiring, reinstatement, or upgrading of employees with or without
back pay, where appropriate.
(3)
Admission or restoration to membership in any respondent labor
organization.
(4)
The selling or leasing of specified housing accommodations or
publicly offered property upon such equal terms and conditions as
were available to other persons at the time of the unlawful practice.
(5)
Any other verifiable, reasonable out-of-pocket expenses caused
by such unlawful practice.
F.
Civil penalties and attorney fees.
(1)
Civil penalties. The HRC may also assess a civil penalty against
the respondent in an amount not exceeding $10,000 with respect to
all matters alleged in the complaint.
(2)
Attorney fees for the complainant. The HRC may award attorneys'
fees and costs to a prevailing complainant if it finds that the respondent
has engaged in or is engaging in any unlawful practice. No attorneys'
fees shall be reimbursed for any time spent by an attorney assisting
a complainant in filing a complaint or at any time during the mediation
or investigation by the HRC.
(3)
Attorney fees for the respondent. If the HRC finds that a respondent
has not engaged in or is not engaging in any unlawful practice and
that the complaint was brought in bad faith, the HRC may award attorneys'
fees and costs to the prevailing respondent.
