Chapter 55 Human Relations

It is hereby declared to be the public policy of the City of Farrell to foster the employment of all individuals in accordance with their fullest capacities regardless of their race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, 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 regardless of race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

ADVERTISEMENT OR ADVERTISING

This chapter shall be deemed an exercise of the police power of the City of Farrell for the protection of the public welfare, prosperity, health and peace of the citizens of the City of Farrell.

§ 55-3 Scope.

[Amended 7-23-2012 by Ord. No. O-4-2012]

This chapter is intended to ensure the right to freedom from discrimination in employment, housing and public accommodation and shall support the opportunity for an individual to obtain employment for which he or she is qualified and to obtain all of the accommodations, advantages, facilities and privileges of any public accommodations and of any housing accommodation and commercial property without discrimination because of race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals is hereby recognized as and declared to be a civil right which shall be enforceable as set forth in this chapter.

§ 55-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:

ACCESSIBLE

Being in compliance with the applicable standards set forth in the following:

The Fair Housing Act (Public Law 90-284. > 42 U.S.C. § 3601 et seq.);

The Americans with Disabilities Act of 1990 (Public Law 101-336. > 42 U.S.C. § 12101 et seq.); and

The act of September 1, 1965 (P.L. 459. No. 235), entitled, as amended. "An act requiring that certain buildings and facilities adhere to certain principals, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement."

Any advertisement and any similar written, printed, taped or broadcast communication, notice, statement or the like which is disseminated (whether published, printed, circulated, issued, displayed, posted or mailed) for the purpose of promoting housing activity, including, but not limited to, rentals, eases and sales.

ADVERTISER

Any person who places, publishes, broadcasts or similarly causes to be disseminated by any other means an advertisement or advertising as defined in this section.

AGE

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.[1]

COMMERCIAL PROPERTY

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.

COMMERCIAL PROFIT

Any form of compensation in money, or which can be measured in terms of money.

COMMISSION

The Commission on Human Relations established in the Office of the Mayor of the City of Farrell by this chapter.

DESIGNATED AGENT OF THE COMPLAINANT

May include an individual who is a para-legal under the supervision of a practicing attorney.

DISCRIMINATE

Includes "segregate."

EMPLOYEE

Does not include 1) any individual employed in agriculture or in the domestic service of any person; 2) any individuals who, as a part of their employment, reside in the personal residence of the employer; 3) any individual employed by said individual's parents, spouse or child.

EMPLOYER

Includes any governmental entity including the City of Farrell or board, department or commission thereof and any person employing four or more persons within the City of Farrell, but except as hereinafter provided, does not include religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations whether state or local. The term "employer" with respect to discriminatory practices based on race, color, age, sex, national origin or non-job-related handicap or disability, includes, religious, fraternal, charitable and sectarian corporations and associations employing four or more persons within the City of Farrell.

EMPLOYMENT AGENCY

Includes any person regularly undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer or place employees.

FAIR HOUSING ACT

Public Law 90-284, 42 U.S.C. § 3601 et seq.

FAMILIAL STATUS

One or more individuals who have not attained the age of 18 years being domiciled with:

A parent or other person having legal custody of such individual or individuals; or

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.

HANDICAP OR DISABILITY

With respect to a person means:

A physical or mental impairment which substantially limits one or more of such person's major life activities;

A record of having such an impairment: or

Being 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 the Commonwealth of Pennsylvania's section 102 of the Controlled Substance Act (Public Law 91-513. > 21 U.S.C. § 802).

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 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 or lessee thereof or by his or her broker, salesperson, agent or employee.

HOUSING FOR OLDER PERSONS

Housing, as defined pursuant to provisions under any federal or state program, that the Pennsylvania Human Relations Commission determines is specifically designed and operated to assist elderly persons, as defined in the federal or state program, is intended for and solely occupied by persons 62 years of age or older or 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 this section, the City incorporates the Pennsylvania Human Relations Commission's requirements, which shall include, but not be necessarily limited to, the following:

At least 80% of the units are occupied by at least one person 55 years of age or older per unit.

There is publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(3)

The housing complies with regulations promulgated by the Pennsylvania Human Relations Commission for verification or occupancy. Regulations under this subsection shall do all of the following:

Provide for verification by reliable surveys and affidavits. Surveys and affidavits under this subsection shall be admissible in administrative and judicial proceedings for the purpose of verification under this subsection.

NON-JOB-RELATED HANDICAP OR DISABILITY

Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of Subsection B(2) hereof.

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 for this subsection.

INDEPENDENT CONTRACTOR

Includes any person who is subject to the provisions governing any of the professions and occupations regulated by State licensing laws enforced by the Commonwealth of Pennsylvania's Bureau of Professional and Occupational Affairs in the Department of State, or is included in the Federal Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.).

LABOR ORGANIZATIONS

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.

LEGISLATIVE BODY

Council of the City of Farrell.

Any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person 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 handicap or disability job-related.

PERSON

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, or lending institution.

PERSONAL RESIDENCE

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 or lessee thereof as a bona fide residence for himself and any members of his family forming his household.

PUBLIC ACCOMMODATION

Any accommodation or amusement which is open to, accepts or solicits the patronage of the general public, including but not limited to inns, taverns, roadhouses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants or eating houses, or any place where food is sold for consumption on the premises, buffets, saloons, barrooms or any store, park or enclosure where spirituous or malt liquors are sold, ice cream parlors, confectioneries, soda fountains and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises, drugstores, dispensaries, clinics, hospitals, bathhouses, swimming pools, barber shops, beauty parlors, retail stores and establishments, theatres, motion picture houses, roof gardens, music halls, skating rinks, amusement and recreation parks, fairs, bowling alleys, gymnasiums, billiard and pool parlors, public libraries, kindergartens, primary and secondary schools, high schools, nonsectarian cemeteries, garages and all public conveyances, financial institutions and all facilities and services, but shall not include any accommodations which are in their nature distinctly private.

REAL ESTATE-RELATED TRANSACTION

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.

The purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property.

The selling, brokering or appraising of real property.

§ 55-5 Unlawful discriminatory practices.

Editor's Note: See 29 U.S.C.A. § 621 et seq.

[Amended 6-28-2010 by Ord. No. O-3-2010; 7-23-2012 by Ord. No. O-4-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or in the case of a fraternal corporation or association, unless based upon membership in such association or corporation or except where based upon applicable security regulations established by the United States or the Commonwealth of Pennsylvania:

For any employer because of the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, or non-job-related handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals because of the blindness, deafness, or physical handicap or any individual or independent contractor, 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, if the individual or independent contractor is the best able and most competent to perform the services required. The provision of this subsection shall not apply to: i) operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of a minimum service requirement; ii) operation of the terms or conditions of any bona fide group or employee insurance plan; iii) age limitations placed upon entry into bona fide apprenticeship programs of two years or more approved by the Commonwealth of Pennsylvania's State Apprenticeship and Training Council of the Department of Labor and Industry, established by the act of July 14, 1961 (P.L. 604, No. 304), known as "The Apprenticeship and Training Act." Notwithstanding any provision of this clause, 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.

For any employer, employment agency or labor organization, prior to the employment, contracting with an independent contractor or admission to membership, to:

Elicit any information or make or keep a record of or use any form or application or application blank containing questions or entries concerning the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals or any applicant for employment or membership. Prior to an offer of employment, an employer may not inquire as to whether an individual has a handicap or disability or as to the severity of such handicap or disability. An employer may inquire as to the individual's ability to perform the essential functions of the employment.

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 race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

(c)

Deny or limit, through a quota system, employment or membership because of race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals or place of birth.

(d)

Substantially confine or limit recruitment or hiring of individuals, with intent to circumvent the spirit and purpose of this chapter, 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 race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, or non-job-related handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

(e)

Deny employment because of a prior handicap or disability.

(f)

Nothing in Subsection A(2) of this section shall bar any institution or organization for handicapped or disabled persons from limiting or giving preference in employment or membership to handicapped or disabled persons.

(3)

For any labor organization because of the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, non-job-related handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals of any individual 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 chapter, or because such individual has made a charge, testified or assisted, in any manner, in any investigation, proceeding or hearing under this chapter.

(5)

For any person, employer, employment agency, labor organization or employee, 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 chapter 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.

(6)

For any employment agency to fail or refuse to classify properly, refer for employment or otherwise to discriminate against any individual because of his/her race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

(7)

For any individual seeking employment to publish or cause to be published any advertisement which in any manner expresses a limitation or preference as to the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals of any prospective employer.

(8)

For any reason to:

Refuse to sell, lease, finance or otherwise to deny or withhold any housing accommodation or commercial property from any person because of the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, prospective owner, occupant or user of such housing accommodation or commercial property, or to refuse to lease any housing accommodation or commercial property to any person due to use of a guide animal because of the blindness or deafness of the user, use of a support animal because of a physical handicap of the user or because the user is a handler or trainer or support or guide animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

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.

(c)

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 the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(d)

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 the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(e)

Refuse to permit, at the expense of a person with a handicap, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications 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.

(f)

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.

(g)

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 the race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(h)

Print, publish or circulate 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 race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals; or

[2]

Relating to the sale, lease or acquisition of any housing accommodation or commercial property which indicates any preference, limitation, specification or discrimination based upon use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

(i)

Make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals or because of the handicap or disability of an individual with whom the person is known to have a relationship or association 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 accommodation or commercial property, or to make inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals, in connection with the lease of any housing accommodation or commercial property.

(j)

Construct, operate, offer for sale, lease or rent or otherwise make available housing or commercial property which is not accessible.

(k)

Discriminate in real estate-related transactions, as described by and subject to the following:

It shall be unlawful 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 of conditions of such a transaction because of race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

[2]

Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

(l)

Nothing in this subsection, regarding age or familial status, shall apply with respect to housing for older persons. A person shall not be held personally liable for monetary damages for a violation of this chapter if the person reasonably relied, in good faith, on the application of the exemption of this subsection. A person may only prove good-faith reliance on the application of the exemption of this subsection by proving that at the time of the act complained of, all of the following applied:

The person had no actual knowledge that the housing was not eligible for exemption under this subsection.

[2]

The owner or manager of the housing had stated formally, in writing, that the housing complied with the requirements for exemption under this subsection.

(m)

Nothing in this subsection shall bar any religious or denominational institution or organization or any charitable or educational organization which is operated, supervised or controlled by or in connection with a religious organization or any bona fide private or fraternal organization from giving preference to persons of the same religion or denomination or to members of such private or fraternal organization or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained. Nor shall it apply to the rental of rooms in a landlord-occupied rooming house with a common entrance, nor with respect to discrimination based on sex, the advertising, rental or leasing of housing accommodations in a single-sex dormitory or rooms in one's personal residence in which common living areas are shared.

(n)

Nothing in this chapter limits the applicability of the Federal Fair Housing Act, reasonable State or local restrictions on the maximum number of occupants permitted to occupy a dwelling or a reasonable restriction relating to health or safety standards or business necessity. Owners and managers of dwellings may develop and implement reasonable occupancy and safety standards based on factors such as the number and size of sleeping areas or bedrooms and the overall size of a dwelling unit so long as the standards do not violate the Federal Fair Housing Act or state or local restrictions.

(9)

For any person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any public accommodation or amusement to:

Refuse, withhold from, or deny to any person because of his/her race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of such public accommodation or amusement.

§ 55-6 Religious observance; public employees.

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 from or denied to any person on account of race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, or that the patronage or custom thereat of any person, belonging to or purporting to be of any particular race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, is unwelcome, objectionable or not acceptable, desire or solicited.

(c)

Exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations or other opportunities to a person because of the handicap or disability of an individual with whom the person is known to have a relationship or association.

(d)

Construct, operate or otherwise make available such place of public accommodation or amusement which is not accessible.

(10)

For any person subject to this chapter to fail to post and exhibit prominently in his or her place of business any fair practices notice prepared and distributed by the City of Farrell or the Pennsylvania Human Relations Commission.

(11)

For any employer to discriminate against an employee or a prospective employee because the employee only has a diploma based on passing a general educational development test as compared to a high school diploma. However, should vocational technical training or other special training be required with regard to a specific position, then such training or special training may be considered by the employer.

(12)

To exclude or otherwise deny equal jobs or benefits to a person because of the handicap or disability of an individual with whom a person is known to have a relationship or association.

This section of the chapter 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.

It shall be an unlawful discriminatory practice for any officer, agency or department of the City of Farrell to prohibit, prevent or disqualify any person from or otherwise to discriminate against any person in, obtaining or holding employment by the City of Farrell, because of such person's observance of any particular day or days or any portion thereof as a Sabbath or other holy day in accordance with the requirements of the person's religion.

Except as may be required in an emergency or where personal presence is indispensable to the orderly transaction of public business, no person employed by the City of Farrell shall be required to remain at the place of employment during any day or days or portion thereof that, as a religious requirement, the person observes as the Sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between the place of employment and home; provided, however, that any such absence from work shall, wherever practicable in the judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, provided further, however, that any such absence not so made up or charged, may be treated by the employer of such person as leave taken without pay.

This section shall not be construed to apply to any position dealing with the public health or safety where the person holding such position must be available for duty whenever needed, or to any position or class of positions the nature and quality of the duties of which are such that the personal presence of the holder of such position is regularly essential on any particular day or days or portion thereof for the normal performance of such duties with respect to any applicant therefore or holder thereof who, as a religious requirement, observes such day or days or portion thereof as the Sabbath or other holy day.

§ 55-7 Prohibition of certain real estate practices.

[Amended 7-23-2012 by Ord. No. O-4-2012]

It shall be an unlawful discriminatory practice for any person 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 a particular race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

Discourage or attempt to discourage, for commercial profit, 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 a particular race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

Misrepresent, 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 a particular race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, or who are guide or support animal dependent within such neighborhood, community or area.

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 a particular race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

§ 55-8 Administrative agent.

[Added 8-1-2024 by Ord. No. O-2-2024[1]]

The Shenango Valley Urban League, Inc. is hereby designated as the City of Farrell's agent for the purpose of administrating the chapter, as amended.

The Shenango Valley Urban League, Inc. is hereby specifically vested with the powers and duties delineated in § 55-9 of the chapter, as amended, and shall undertake the powers and duties otherwise vested in the "Commission." The parties shall, form time to time, enter into a Memorandum of Agreement outlining their respective positions; however, in the event of any conflict, the provisions of this chapter shall control.

§ 55-9 Powers and duties of the Commission.

Editor's Note: This ordinance also provided for the repeal of original Sec. 9, Commission on human relations, adopted 3-22-2004 by Ord. No. O-1-2004, as amended.

[Amended 6-28-2010 by Ord. No. O-3-2010; 7-23-2012 by Ord. No. O-4-2012]

The Commission shall have the power and it shall be its duty to:

Initiate, receive, investigate and seek the satisfactory, adjustment of complaints through conciliation; and shall have the right to enter into conciliation agreements wherein complaints charging unlawful practices are found, as set forth in the chapter. Further, the Commission shall have the power to attempt to eliminate the unlawful practice by means of private conferences or meeting with all parties.

Initiate or receive and investigate other complaints of discrimination against any person because of race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, and to seek the satisfactory adjustment of such complaints. Any complaint filed under this subsection which the Commission believes may constitute a violation of this chapter may be certified to the City Solicitor for such actions as he may deem proper.

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, issue orders and publish such findings of fact and orders and do all other things necessary and proper for the enforcement of this chapter.

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, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, 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 a finding to be in each instance upon the person requesting the certification of exemption from the provisions of this chapter.

Study and investigate by means of public hearings or otherwise any conditions having an adverse effect on intergroup relations in the City of Farrell and to study the problems of prejudice, intolerance, bigotry and discrimination as they effect the public safety and general welfare of the City of Farrell.

Institute and conduct educational and other programs to promote the equal rights and opportunities of all persons, regardless of their race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals, and to promote understanding among persons and groups of different races, colors, religions, sexes, 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.

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 foundations, colleges and universities, engaged in similar research.

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.

Assist in the enforcement of fair practices in City contracts.

Render to the Mayor and to City Council, upon request by the Mayor but in no event less than twice annually a written report of its activities and recommendations.

Recommend legislation to promote and insure equal rights and opportunities for all persons regardless of their race, color, familial status, religious creed, ancestry, age, sex, national origin, sexual preference/orientation/gender identity, handicap or disability, use of guide or support animals because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals.

To appoint such attorneys and permanent hearing examiners and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law and City Council and prescribe their duties.

To investigate where no complaint has been filed, but with the consent of at least five of the members of the Commission any problem of racial discrimination with the intent of avoiding and preventing the development of racial tension.

On request of the Mayor or Council to investigate claims of excessive use or force by police in civil rights protest activities.

To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take testimony of any person under oath or affirmation and, in connection therewith, to require the production for examination of any books and papers relating to any matter under investigation where a complaint has been properly filed before the Commission. In case of contumacy or refusal to obey, a subpoena issued to any person, any court of jurisdiction upon application by the Commission may issue to such person and order requiring such person to appear before the Commission, thereto produce documentary evidence, if so ordered, or thereto give evidence touching the matter in question and any failure to obey such order of the court may be punished by said court as a contempt thereof.

To adopt, promulgate, amend and rescind rules and regulations to effectuate the policies and provisions of this chapter; to make recommendations to the Council of the City of Farrell and generally to initiate, receive, investigate and pass upon complaints charging unlawful discriminatory practices.

§ 55-10 (Reserved) [1]

§ 55-11 Investigatory hearings relating to racial problems.

Editor's Note: Original Sec. 11, Executive Director, was repealed 8-1-2024 by Ord. No. O-2-2024. See also § 55-8, Administrative agent.

[Amended 7-23-2012 by Ord. No. O-4-2012]

Whenever any problem of racial discrimination or racial tension arises, the Commission may immediately hold an investigatory hearing. The hearing may be public or private and the Commission shall have the same powers as provided in this chapter for hearings on complaint filed.

The purpose of the hearing shall be to resolve the problem promptly by the gathering of all the facts from all the interested parties and making such recommendations as may be necessary.

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.

Should the recommendations of the Commission not be accepted within a reasonable time the Commission may, with the consent of five, on its own behalf initiate a complaint and the hearing findings and Commission order shall proceed the same as where a complaint has been filed.

§ 55-12 Procedure.

[Amended 6-28-2010 by Ord. No. O-3-2010]

Any person claiming to be aggrieved by an alleged 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, employer, labor organization or employment agency alleged to have committed the unlawful discriminatory practice complained of, and which shall set forth the particulars thereof and contain such other information as may be required by the Commission. Commission representatives shall not modify the substance of the complaint. Whenever a person invokes the procedures set forth in this chapter, the Commission shall refuse to accept for filing a complaint it determines to be untimely with no grounds for equitable tolling, outside its jurisdiction or frivolous on its face. The Commission upon its own initiative may, in like manner, make, sign and file such complaint. Any employer whose employees, or some of them, hinder or threaten to hinder compliance with the provisions of this chapter may file with the Commission a verified complaint, asking for assistance by conciliation or other remedial action and, during such period of conciliation or other remedial action, no hearings, order or other actions shall be taken by the Commission against such employer.

Investigation.

After the filing of any complaint, or whenever there is reason to believe that an unlawful discriminatory practice has been committed, the Commission shall make a prompt investigation in connection therewith.

The Investigatory Branch of the Commission shall have 30 days to docket the complaint after a preliminary investigation and shall send a copy of the complaint to the named respondent within 30 days from the date of docketing said complaint.

(3)

A respondent shall file a written, verified answer to the complaint within 30 days of service of the complaint. The Commission, upon request of the respondent, may grant an extension of not more than 30 additional days.

(4)

After service of the complaint, the Commission shall encourage voluntary and informed predetermination settlements between parties.

If it shall be determined after such investigation that no probable cause exists for crediting the allegations of the complaint, the Commission shall, within 10 days from such determination, cause to be issued and served upon the complainant written notice of such determination, and the said complainant or his attorney may, within 10 days after such service, file with the Commission a written request for a preliminary hearing before the Commission to determine probable cause for crediting the allegations of the complaint. If it shall be determined after such investigation that probable cause exists for crediting the allegations of the complaint, the Commission shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the Commission and its staff shall not disclose what has transpired in the course of such endeavors: Provided, that the Commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been adjusted, without disclosing the identity of the parties involved.

The Commission shall dismiss a case with prejudice, before or after a finding of probable cause, where, in its opinion, appropriate remedy has been offered by the respondent and refused by the complainant.

In case of failure so to eliminate such practice or in advance thereof, if in the judgment of the Commission circumstances so warrant, 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 person, employer, labor organization or employment agency 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.

When notice of hearing is given as set forth above and an election procedure is required, either party may elect to have the claim asserted in the complaint decided in a civil action brought under the original jurisdiction of the 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. 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 provided, however, that if the Commonwealth of Pennsylvania files a complaint pursuant to the Commonwealth of Pennsylvania's Human Relations Act,[1] the Commission shall have the right to intervene, but not necessarily the obligation to do so. In any action brought under this subsection Section 959, Title 43, Subsection (D.1) shall be applicable and is incorporated herein.

§ 55-13 Procedure regarding housing advertisements.

Editor's Note: See 43 P.S. § 951 et seq.

This section incorporates the procedural requirements adopted by the Commonwealth of Pennsylvania and all future amendments at 43 P.S. § 959, all of which shall be applicable hereto and is incorporated herein.

[Amended 6-28-2010 by Ord. No. O-3-2010]

Where the alleged violation of this chapter complained of involves an advertisement, the following procedure specified in this section shall apply.

The Commission shall adopt and incorporate the list of words, phrases, symbols and the like adopted by the Commonwealth of Pennsylvania, Human Relations Commission which will be deemed impermissible under this chapter when used in housing advertisements. The list as published by the Commonwealth of Pennsylvania shall be adopted by the Commission as proposed rulemaking in full force and effect until such time as regulations are adopted.

An advertiser who knowingly and willfully violates this chapter may be penalized under § 55-16 of this chapter. It shall be an affirmative defense precluding a finding that an advertiser has knowingly and willfully violated this chapter if an advertiser has either:

Attempted in good faith to comply with the list and specific examples of impermissible housing advertisements described in Subsection A(1); or