[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.
The Board of Commissioners of Susquehanna Township, Dauphin
County.
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.
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.
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.
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.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the 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.
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.
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.
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.
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.
This Part, which shall also be known as the "Nondiscrimination
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 Township, its departments, boards and commissions, and other for-profit
and nonprofit organizations,
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.
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.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
The Township of Susquehanna, Dauphin County, Commonwealth
of Pennsylvania.
[Ord. 11-17, 12/8/2011]
1.
Discrimination in housing, employment, public accommodations or access
to educational institutions is prohibited under this Part.
2.
Retaliation against any individual because such individual has opposed
any practice forbidden by this Part, or because such individual has
made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing under this Part is prohibited under this Part.
3.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this Part to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
Part is prohibited under this Part.
[Ord. 11-17, 12/8/2011]
1.
Notwithstanding any other provision of this Part, 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 the religion
of the religious organization.
2.
Nothing in this Part shall be interpreted to prohibit a religious
organization, religious denomination, or association of religious
organizations or denominations that is exempt from Federal taxation
under Section 501(c)(3) of the Internal Revenue Code, or any organization
affiliated with that religious organization, religious denomination,
or association of religious organizations or denominations, from engaging
in any conduct or activity that is required by, or that implements
or expresses its religious beliefs or tenets of faith. Nor shall anything
in this Part be interpreted to require any such religious organization,
religious denomination, or association of religious organizations
or denominations, or any organization affiliated with that religious
organization, religious denomination, or association of religious
organizations or denominations to engage in any conduct or activity
that is prohibited by its religious beliefs or tenets of faith. Nor
shall any such religious organization, religious denomination, or
association of religious organizations or denominations be required
to engage in any conduct or activity that would violate its religious
beliefs or tenets, as a condition of entering into any contract with
any agency of this Township.
3.
Nothing in this ordinance shall be interpreted as applying to any
state or federal agencies.
4.
Nothing in this Part shall be interpreted as requiring or prohibiting
the provision of benefits based on marital status.
[Ord. 11-17, 12/8/2011]
1.
Pursuant to Section 12 of the Pennsylvania Human Relations Act, a
Human Relations Commission in and for the Township of Susquehanna,
Dauphin County (hereinafter referred to as the "Susquehanna Township
Human Relations Commission" or the "Commission"), is established.
2.
The Commission shall consist of nine members who shall each serve
a three-year term. All members of the Commission shall be appointed
by the Board of Commissioners of the Township and shall be residents
of the Township except that no such member shall hold office in any
political party. At the time of appointment of the original nine members,
the Board of Commissioners shall designate which three of the original
nine members shall be appointed for a three-year term; which three
of the original nine members shall be appointed for a two-year term;
which three of the original nine members shall be appointed for a
one-year term. Thereafter, on the expiration of a term, an appointment
shall be made for a new three-year term commencing at the end of the
completed term. Vacancies in the office of the Susquehanna Township
Human Relations Commission shall be filled for the remaining unexpired
portion of the term. Members of the Commission shall serve without
compensation.
3.
Before the end of each calendar year, in a timely fashion to allow
advertising by the Township of meetings for the coming year, the Commission
shall establish its meeting schedule for the subsequent year.
4.
At its first meeting each calendar year, the Commission shall elect
from among its members a Chairperson and a Vice Chairperson. The Chairperson
shall be responsible for conducting meetings of the Commission and
coordinating all business of the Commission with the Township Manager.
The Chairperson may delegate responsibility for Commission duties
to specific Commissioners. The Vice Chairperson shall serve in the
place of the Chairperson in the absence of the Chairperson.
5.
Any Commission member involved in any investigatory proceedings,
mediation or conciliation in a specific case shall be disqualified
from any adjudicatory function in that case.
6.
The Commission shall have jurisdiction over unlawful practices committed
within Susquehanna Township.
[Ord. 11-17, 12/8/2011]
1.
The Commission shall have the following powers:
A.
Promote mutual understanding, respect and cooperation among all racial,
cultural, religious, ethnic, nationality and other groups within the
Township.
B.
Cooperate with and assist other organizations, public or private,
to improve relationships among the citizens of the Township.
C.
Conduct an educational program for furtherance of the improvement
of human relations in the Township.
D.
Act as a referral group for complaints of alleged discrimination
within the Township and, wherever possible, the Commission shall refer
the complainants to appropriate social, civic or government agencies
for further action.
E.
Encourage alternative dispute resolution of complaints by attempting
to develop and make available a list of trained mediators who may
provide their services at no charge or reduced cost to complainants
and respondents who are willing to mediate a resolution of the complaint.
F.
Receive, investigate, process and adjudicate complaints charging
unlawful discriminatory practices.
[Ord. 11-17, 12/8/2011]
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
Part, which shall include the following information:
(1)
The name and address of the aggrieved person(s);
(2)
The name and address of the person(s) alleged to have committed
the discriminatory acts;
(3)
A concise statement of the facts, including pertinent dates,
constituting the alleged discriminatory acts;
(4)
If applicable, the address and a description of the dwelling
or commercial property which is involved; and
(5)
Such other information as may be required by the Human Relations
Commission.
B.
Complaints may be filed in person at the Township Manager's office
or by mailing such complaints to the Township Manager's office. All
complaints must be received by the Township Manager's office within
180 days of the alleged act of discrimination to be considered timely.
C.
The Township Manager'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 Susquehanna Township
Human Relations Commission shall determine if the alleged act(s) are
prohibited by the Pennsylvania Human Relations Act, or any other state
or federal law for which a deferral agency has enforcement powers
and, if so, the Commission shall advise the complainant in writing
that the Susquehanna Township Commission will not accept the complaint
for filing but that the complainant has the right to file with the
Pennsylvania Human Relations Commission or any other state or federal
deferral agency within 180 days of notice of the prohibited act. If
the Susquehanna Township Commission determines that it does not have
jurisdiction hereunder to hear the complaint, it shall dismiss the
complaint and notify the aggrieved party in writing of such fact.
If the Commission determines that it has jurisdiction to hear the
complaint, it shall proceed as follows:
(1)
Send a copy of the complaint to the person(s) or entity (entities)
charged with an unlawful practice (the "respondent") with notice that
they have 30 days to file a verified answer to said complaint.
B.
The respondent shall file with the Township Manager's Office a written
verified answer to the complaint within 30 days of Respondent's receipt
of the complaint from the Susquehanna Township Human Relations Commission
and further shall send a copy of said answer to the complainant.
3.
Mediation.
A.
After the answer has been received, the Commission shall, within
15 days invite the parties to voluntarily participate in the mediation
of their dispute. The parties shall respond to the invitation to mediate
within 15 days of being invited to mediate. Mediation shall be conducted
in accordance with procedures promulgated by the Commission and approved
by the Board of Commissioners.
B.
If the mediation has successfully resolved the complaint, the Commission
shall promptly notify the parties that it has dismissed the complaint.
C.
If the mediation has not successfully resolved the complaint, and
only if the complaint alleges a violation of this Part which is not
otherwise proscribed under the Pennsylvania Human Relations Act and
over which the Pennsylvania Human Relations Commission does not have
jurisdiction, the Commission shall proceed to investigation.
4.
Investigation. The Commission shall, in a timely fashion, investigate
the allegations of an unlawful practice set forth in the complaint
by designating an investigator, who may be a member of the Commission.
The Commission may, in the conduct of such investigation and upon
review and approval by the Township Solicitor, issue subpoenas to
any person charged with an unlawful practice, commanding such person
to furnish information, records, or other documents, as necessary
to assist in the Commission's investigation.
A.
Finding of No Cause. If it shall be determined, after the Commission's
investigation, that there is no probable cause for crediting the allegations
of the complaint, the Commission shall cause to be issued and served
upon the parties written notice of such determination and dismissal
of the complaint. This notice shall inform the aggrieved that he/she
has the right to pursue the matter in court.
B.
Conciliation. If the Commission, after investigation, determines
that probable cause exists for crediting the allegations of the complaint,
the Commission shall immediately endeavor to eliminate the unlawful
practice complained of by persuasion, conference and conciliation.
If the Commission determines that conciliation may be a useful approach,
the Commission shall designate one of its members as conciliator,
who shall undertake conciliation following approved procedures of
the Commission.
5.
Public Hearing. If the Commission finds it is not possible to eliminate
the unlawful practice by persuasion, conference, and conciliation,
the Commission shall cause to be issued and served a written notice
scheduling a hearing before the Commission at a time and place to
be specified in such notice.
A.
The Commission may designate a panel of three members to preside
at such a public hearing or it may, at its election, conduct such
hearing with all members. Any Commission member who acted as a mediator,
investigator or conciliator or any Commission member otherwise conflicted
due to an association with a party or individual in the case shall
not participate in such public hearing except as a witness to present
the results of the investigation or to testify to other facts relevant
to the case.
B.
At the public hearing, both the complainant and respondent shall
be given the opportunity to appear, with or without counsel, to provide
testimony and submit evidence. Formal rules of evidence shall not
apply, but irrelevant or unduly repetitious evidence may be excluded
by the Commission in its discretion. In addition, both the complainant
and the respondent may introduce testimony of additional witnesses
and may submit documentary evidence.
C.
At the public hearing, the Commission shall be represented by the
Township Solicitor. A court reporter shall make a formal record of
the proceedings.
6.
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 practice as defined in this Part, the Commission shall state
its findings of fact and shall issue and cause to be served on such
a respondent an order requiring such respondent to cease and desist
from such unlawful 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. Those remedies
which may be ordered include, but are not limited to, reimbursement
of certifiable travel expenses in matters involving the complaint;
reimbursement of any other verifiable, reasonable out-of-pocket expenses
caused by such unlawful discriminatory practice; compensation for
loss of work in matters involving the complaint; hiring, reinstatement
or upgrading of employees, with or without back pay; admission or
restoration to membership in any respondent labor organization; the
making of reasonable accommodations; the selling or leasing of specified
housing accommodations or commercial property upon equal terms and
conditions and with equal facilities, services and privileges; or
the lending of money for the acquisition, construction, rehabilitation,
repair or maintenance of housing accommodations or commercial property,
upon such equal terms and conditions to any person discriminated against.
7.
Private Right of Action and Nonlimitation of Remedies.
A.
Any person(s) aggrieved by a violation of this Part shall have a
right of action in the Court of Common Pleas of Dauphin County or
any other court of competent jurisdiction and may recover, for each
violation, the following remedies:
B.
The right of action created by this Part 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 180 days 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 Part must be brought by the aggrieved person within
180 days from the date of receipt of said notice or it will be barred.
Equitable principles such as waiver, estoppels and equitable tolling
shall apply to the time limitations for the filing of any complaint
or other pleading under this Part.
C.
In the event the complainant exercises his or her right to file a
private action, he or she shall notify the Susquehanna Township Human
Relations Commission which shall close any on-going investigation
upon receipt of said notice.
8.
Reports. The Susquehanna Township Human Relations Commission shall
keep records of its meetings and activities. The Susquehanna Township
Human Relations Commission shall provide advisory reports to the Board
of Commissioners as needed, or requested.
