[Ord. 11-17, 12/8/2011; as amended by Ord. 12-11, 6/14/2012,
§§ 1 through 5]
1. It is hereby declared to be the public policy of Susquehanna Township,
Dauphin County:
A. To ensure that all persons enjoy the full benefits of citizenship,
regardless of race, color, familial status, religious creed, ancestry,
sex, national origin, genetic information, sexual orientation or perceived
sexual orientation, gender identity or expression, handicap or disability,
use of guide or support animals and/or mechanical aids.
B. To have equal employment, housing and the use of public accommodations.
C. To have equal access to any institution of post-secondary grade and
any secretarial, business, vocational or trade school of secondary
or post-secondary grade, which is subject to the visitation, examination
or inspection of, or is, or may be licensed by the Department of Education,
including any post-secondary school, college or university incorporated
or chartered under any general law or special act of the General Assembly.
2. It is further declared to be the public policy of Susquehanna Township,
Dauphin County:
A. To foster the employment of all individuals in accordance with their
fullest capacities, to safeguard their right to obtain all employment
without such discrimination regardless of race, color, religious creed,
ancestry, sex, national origin, genetic information, sexual orientation
or perceived sexual orientation, gender identity or expression, handicap
or disability, use of guide or support animals and/or mechanical aids.
B. To ensure equal opportunities to all individuals, and to safeguard
their rights to public accommodation regardless of race, color, religious
creed, ancestry, sex, national origin, genetic information, sexual
orientation or perceived sexual orientation, gender identity or expression,
handicap or disability, use of guide or support animals and/or mechanical
aids.
C. To secure housing accommodation and commercial property regardless
of race, color, familial status, religious creed, ancestry, sex, national
origin, genetic information, sexual orientation or perceived sexual
orientation, gender identity or expression, handicap or disability,
use of guide or support animals and/or mechanical aids.
D. To have equal access to post-secondary education institutions without
regard to race, color, religious creed, ancestry, sex, national origin,
genetic information, sexual orientation or perceived sexual orientation,
gender identity or expression, handicap or disability, use of guide
or support animals and/or mechanical aids.
3. Nothing in this Part 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 Part that all persons
be treated fairly and equally, and it is the express intent of this
Part to guarantee fair and equal treatment under the law to all people
of Susquehanna Township, Dauphin County.
4. This Part shall be deemed an exercise of the police power of Susquehanna
Township, Dauphin County, for the protection of the public welfare,
prosperity, health and peace of the Township.
[Ord. 11-17, 12/8/2011; as amended by Ord. 12-11, 6/14/2012,
§§ 6, 7]
The following words and phrases when used in this Part shall
have the meanings given to them in this section. To the extent words
and phrases appearing in this Part are not expressly defined herein,
the meaning of this Part shall be construed consistent with the Pennsylvania
Human Relations Act.
COMMERCIAL PROPERTY
Includes (1) 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 ally public accommodation; and (2) 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.
DISCRIMINATION
Any discriminatory act(s) taken by any person, employer,
landlord, employment agency, labor organization or public accommodation
on the basis of race, color, familial status (housing), religious
creed, ancestry, sex, national origin, genetic information, actual
or perceived sexual orientation, gender identity or expression, handicap
or disability, use of guide or support animals and/or mechanical aids;
or in the case of public accommodations, to have equal access to any
institution of post-secondary grade and any secretarial, business,
vocational or trade school of secondary or post-secondary grade, which
is subject to the visitation, examination or inspection of, or is,
or may be licensed by the Department of Education, including any post-secondary
school, college or university incorporated or chartered under any
general law or special act of the General Assembly.
DISCRIMINATORY ACTS
All acts defined in the Pennsylvania Human Relations Act
as unlawful discriminatory practices. The fact that the Pennsylvania
Human Relations Act does 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 familial status,
shall not exempt such practice from being considered a discriminatory
act under this Part.
EDUCATIONAL INSTITUTION
Any institution of post-secondary grade and any secretarial,
business, vocational or trade school of secondary or postsecondary
grade, which is subject to the visitation, examination or inspection
of, or is, or may be licensed by the Department of Education.
EMPLOYEE
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
EMPLOYER
Any person who employs four or more employees, including
the Township, its departments, boards and commissions, and any other
government agency within its jurisdiction.
FAMILIAL STATUS
One or more individuals who have not attained the age of
18 years being domiciled with: (1) a parent or other person having
legal custody of such individual or individuals; or (2) the designee
of such parent or other person having such custody, with the written
permission of such parent or other person. The protections afforded
against discrimination on the basis of familial status shall apply
to any person who is pregnant or is in the process of securing legal
custody of any individual who was not attained the age of 18 years.
GENDER IDENTITY OR EXPRESSION
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 transgender or gender variant.
GENETIC INFORMATION
Any information relating to genes, gene products and inherited
characteristics that may derive from an individual or a family member.
This term includes, but is not limited to: (1) information regarding
carrier status and increased likelihood of future disease or increased
sensitivity to any substance; (2) information derived from laboratory
tests that identify mutations in specific genes or chromosomes; physical
medical examinations; family histories; inquiries; tests of gene products;
direct analysis of genes or chromosomes.
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 shall not include any personal residence offered
for rent by the owner or lessee thereof or by his or her broker, salesperson,
agent or employer.
ORDINANCE
This Part, which shall also be known as the "Nondiscrimination
Ordinance."
PERSON
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Township, its departments, boards and commissions, and other for-profit
and nonprofit organizations,
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, 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),
to include kindergartens, primary and secondary schools, high schools,
academies, colleges and universities, extension courses and all educational
institutions under the supervision of this Commonwealth, but shall
not include any accommodations which are in their nature distinctly
private.
TOWNSHIP
The Township of Susquehanna, Dauphin County, Commonwealth
of Pennsylvania.