[Ord. No. 1084, 1/17/2023]
1.
This Part is enacted to ensure that all persons regardless of race,
color, religion, ancestry, age, national origin, sex, sexual orientation,
gender identity or expression, source of income, disability or handicap,
presence of a service animal (public accommodations and housing, and
real estate transactions), assistance animal (housing, and real estate
transactions), pregnancy, marital or familial status or family responsibility
enjoy the full benefits of citizenship and are afforded equal opportunities,
unburdened by unjust discrimination, for housing, employment, and
use of public accommodation. In order to achieve this purpose, legislation
must be enacted with appropriate oversight and enforcement remedies
for founded violations of the provisions contained herein.
2.
It is the policy of the municipality to prohibit discrimination in
employment, housing, public accommodations, and residential real-estate-related
transactions because of race, color, religion, ancestry, national
origin, sex, sexual orientation, gender identity or expression, source
of income, disability or handicap, presence of a service animal (public
accommodation), assistance animal (housing and real estate transactions),
pregnancy, family responsibility, marital or familial status, and
to provide for the resolution of housing, public accommodation and
residential real-estate-related transaction discrimination disputes
at the local level in a timely, cost-efficient and effective manner;
and, finally, to obtain substantial equivalency with the state and
federal governments' housing and anti-discrimination enforcement
efforts.
3.
It is the policy of the municipality to ensure that employment of
all individuals is considered in accordance with their fullest capacities
and to safeguard their right to obtain all employment without discrimination
regardless of race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal (public
accommodation), assistance animal (housing and real estate transactions),
pregnancy, marital or familial status, or family responsibility.
4.
It is the policy of the municipality that the Regional Human Relations
Commission shall have jurisdiction to hear complaints brought before
it under the terms and provisions of this Part and the ordinance establishing
the Commission enacted by the participating municipalities.
[Ord. No. 1084, 1/17/2023]
As used in this Part, the following terms shall have the meanings
indicated:
Persons of those ages specified in Section 4 of the Pennsylvania
Human Relations Act, Act of 1955, P.L. 744, No. 222,[1] as amended by Act 51 of 1991.
Any person who claims to have been injured by a discriminatory
practice as defined in this section.
Animals that work, provide assistance or perform tasks for
the benefit of a person with a disability, or animals that provide
emotional support that alleviates one or more identified symptoms
or effects of a person's disability. Assistance animals perform
many disability-related functions, including but not limited to guiding
individuals who are blind or have low vision, alerting individuals
who are deaf or hard of hearing to sounds, providing minimal protection
or rescue assistance, pulling a wheelchair, fetching items, alerting
persons to impending seizures, or providing emotional assistance to
persons with disabilities who have a disability-related need for such
assistance.
The Regional Human Relations Commission was established to
enforce the provisions of this Part and adjudicate complaints filed
pursuant to this Part.
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 Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802).
Includes any difference in treatment based on race, color, religion,
age, ancestry, national origin, sex, sexual orientation, gender identity
or expression, source of income, disability or handicap, presence
of a service animal (public accommodations), assistance animal (housing
and real estate transactions), pregnancy, marital or familial status
or family responsibility.
Housing discrimination pertaining to people with a disability
or handicap includes a refusal to permit, at the expense of the person
with a disability or 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;
a refusal 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 dwelling.
Nothing in this Part requires that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to
the health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others.
Any building or structure (or portion thereof) which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure,
or portion thereof.
A person who is at least 62 years of age or a family whose
head or spouse is 62 years of age.
Any person who employs four or more employees, including
the municipality; its departments; authorities, boards, and commissions;
and any other government agency within its jurisdiction.
Includes any person regularly undertaking, with or without
compensation, to recruit, refer or place employees.
One or more individuals (who have not attained the age of 18
years) being domiciled with a parent or another 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.
Any protection 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.
Being a provider of care, or being perceived to be a provider
of care, for a family member of any age, whether in the past, present,
or future.
Self-perception, or perception by others, as male or female,
and shall include a person'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 gender-confirming surgery.
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:
Information regarding carrier status and increased likelihood
of future disease or increased sensitivity to any substance; or
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.
Provided under any federal, state, or local program that the
municipality determines is specifically designed and operated to assist
elderly persons as defined in the federal, state, or local 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.
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievance, terms or conditions of employment or of other
mutual aid or protection in relation to employment.
A person who resides with the elderly person or a person
with a disability or handicap and who:
Is determined to be essential to the care and well-being of
the elderly person or person with a disability or handicap;
Is not obligated for the support of the elderly person or person
with a disability or handicap; and
Would not be living in the unit except to provide the necessary
supportive services.
The Municipal Manager of the municipality where the complaint
originated or his or her designee. If there's no Municipal Manager,
the Municipal Secretary shall serve in this capacity.
The state of being married, unmarried, divorced, separated
or widowed.
Any township, borough, city or home rule municipality that
is incorporated under Pennsylvania law and is a party to the Regional
Human Relations Commission as established by this Part.
Includes any person, agent, operator, firm or corporation,
having a legal or equitable interest in the property, or recorded
in the official records of the state, county or municipality as holding
title to the property.
Any person, fraternal, civic or other membership organization
or association including those acting in a fiduciary or representative
capacity, proprietorship, partnership, corporation, limited liability
company, or other for-profit or nonprofit organizations, including
the municipality, its departments, boards, and commissions.
Any accommodation, resort 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, barbershops, beauty parlors,
retail stores and establishments, theaters, motion-picture houses,
air domes, roof gardens, music halls, race courses, skating rinks,
amusement and recreation parks, fairs, bowling alleys, gymnasiums,
shooting galleries, billiard and pool parlors, public libraries, kindergartens,
primary and secondary schools, high schools, academies, colleges and
universities, extension courses and all educational institutions,
nonsectarian cemeteries, garages and all public conveyances operated
on land or water or in the air as well as the stations, terminals
and airports, financial institutions and all municipal facilities
and services, but not any accommodations which are in their nature
distinctly private.
Any person, partnership, corporation or other association
which, for a fee or other valuable consideration, manages, sells,
purchases, exchanges, or rents or negotiates, or offers or attempts
to negotiate the sale, purchase, exchange or rental of the real property
of another, or holds itself out as one engaged in the business of
managing, selling, purchasing, exchanging or renting the real property
of another and includes those engaging in real estate sales or any
other person employed by a real estate broker to perform or to assist
in the performance of his or her business.
The making of loans or providing other financial assistance
for purchasing, constructing, improving, repairing or maintaining
a dwelling, or the selling, brokering or appraising of residential
real property.
Any animal that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
The work or tasks performed by a service animal must be directly related
to the handler's disability. Examples of work or tasks include,
but are not limited to, assisting individuals who are blind or have
low vision with navigation and other tasks, alerting individuals who
are deaf or hard of hearing to the presence of people or sounds, providing
nonviolent protection or rescue work, pulling a wheelchair, assisting
an individual during a seizure, alerting individuals to the presence
of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability
to individuals with mobility disabilities, and helping persons with
psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors. The crime deterrent effects of
an animal's presence and the provision of emotional support,
well-being, comfort, or companionship do not constitute work or tasks
for the purposes of this definition. While dogs are the most common
type of service animal, other animals can also be service animals.
An inherent or immutable enduring emotional, romantic or
sexual attraction to men, women, or both sexes as well as the genders
that accompany them including the perception or status of an individual's
same sex, opposite sex or bisexual orientation. Actual or perceived
homosexuality, heterosexuality, lesbian, gay, bisexual, transgender,
queer, pansexual, intersex, nonbinary and/or bisexuality.
Income received through any legal means including, but not
limited to, wages, salaries, interest, dividends, child support, alimony,
public assistance, pensions or others retirement benefits, social
security or other documentation of ability to pay.
[1]
Editor's Note: See 43 P.S. § 954.
[Ord. No. 1084, 1/17/2023]
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 government 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 that is exempt from federal taxation under Section 501(c)(3)
of the Internal Revenue Code, or any organization affiliated with
that religious organization, from engaging in any conduct or activity
that is required by, or that implements or expresses, its religious
beliefs or tenets of faith. Further, nothing in this chapter shall
be interpreted to require any such religious organization to engage
in any conduct or activity that is prohibited by its religious beliefs
or tenets of faith.
3.
Nothing in this Part shall be interpreted as applying to any state
or federal agencies.
4.
The provisions regarding familial and marital status and family responsibility
in this Part shall not apply to housing provided by educational institutions
which is restricted to occupancy by students of such institution who:
5.
Age-Restricted Housing. The provisions of this Part regarding familial
status and age in this Part shall not apply to housing for older persons
if it meets the conditions in this section. In determining whether
housing qualifies as housing for older persons under this clause,
the municipality's requirements shall include, but not be limited
to, the following:
A.
At least 80% of the units are occupied by at least one person 55
years of age or older per unit;
B.
There is a 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;
C.
The housing complies with regulations promulgated by the Pennsylvania
Human Relations Commission for verification of occupancy. Regulations
under this paragraph shall do all of the following:
(1)
Provide for verification by reliable surveys and affidavits.
Surveys and affidavits under this subparagraph shall be admissible
in administrative and judicial proceedings for the purpose of verification
under this paragraph; and
(2)
Include examples of the types of policies and procedures relevant
to a determination of compliance with the requirement of Subsection
5C.
D.
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 of
this clause.
6.
Local Limits on Maximum Occupancy of a Dwelling. Nothing in this
Part shall limit the applicability of any local, state or federal,
or any reasonable private land use restrictions, condominium articles,
or bylaws regarding the maximum number of occupants permitted to occupy
a dwelling.
7.
Controlled Substances. Nothing in this Part with respect to housing
shall prohibit conduct against a person because such person has been
convicted by any court of competent jurisdiction of the illegal manufacture
or distribution of a controlled substance, as defined in Section 102
of the Controlled Substances Act (21 U.S.C. § 802).
8.
Owner-Occupied Dwellings. This Part shall not apply to owner-occupied
dwellings containing four units or less, providing the landlord occupies
one of the units as his/her primary residence.
9.
Subleasing a Dwelling Unit. This Part shall not apply to the subleasing
of a dwelling unit where one or more of the tenants named on the lease
in effect at the time of the subleasing will continue to reside in
the unit.
10.
Nothing herein shall be construed to mean a landlord must rent to
someone who does not have the ability to pay.
[Ord. No. 1084, 1/17/2023]
1.
It shall be an unlawful housing practice, except as otherwise provided
in this Part:
A.
For any owner, real estate broker or any other person to refuse to
discuss or confer with a view to reaching an agreement for a sale,
lease, sublease, rental, assignment or other transfer of the title,
leasehold or other interest in any dwelling to any person, or to represent
that any dwelling is not available for any inspection, sale, lease,
sublease, rental, assignment or other transfer when, in fact, it is
so available, or otherwise to deny or withhold any dwelling from any
person because of race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of service animal, pregnancy,
marital or familial status or family responsibility or to discriminate
against, segregate or assign quotas to any person or group of persons
in connection with the sale, lease, sublease, rental, assignment or
other transfer of title, leasehold or other interest in any dwelling
or dwellings.
B.
For any person, including any owner or real estate broker, to include
in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any dwelling any clause, condition
or restriction discriminating against or requiring any other person
to discriminate against any person in the use or occupancy of such
dwelling because of race, color, religion, ancestry, age, national
origin, sex, sexual orientation, gender identity or expression, source
of income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility.
C.
For any person, including any owner or real estate broker, to refuse
to permit, at the expense of the person with a disability or 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. In the case of a rental, the
landlord may, where it is reasonable to do so, condition permission
for a modification on the renter agreeing to restore the condition
of the interior of the premises to the condition that existed before
the modification, reasonable wear and tear excepted. Where it is necessary
in order to ensure, with reasonable certainty, that funds will be
available to pay for the restorations at the end of the tenancy, the
landlord may negotiate as part of such restoration agreement a provision
requiring that the tenant pay into an interest-bearing escrow, over
a reasonable period, a reasonable amount of money not to exceed the
cost of the restorations. The interest in any such account shall accrue
to the benefit of the tenant. The application of this Subsection 3
of this section may be illustrated by the following examples:
(1)
Example 1: A tenant with a disability or handicap asks his or
her landlord for permission to install grab bars in the bathroom at
his or her own expense. It is necessary to reinforce the walls with
blocking between studs in order to affix the grab bars. It is unlawful
for the landlord to refuse to permit the tenant, at the tenant's
own expense, from making the modifications necessary to add the grab
bars. However, the landlord may condition permission for the modification
on the tenant agreeing to restore the bathroom to the condition that
existed before the modification, reasonable wear and tear excepted.
It would be reasonable for the landlord to require the tenant to remove
the grab bars at the end of the tenancy. The landlord may also reasonably
require that the wall to which the grab bars are to be attached be
repaired and restored to its original condition, reasonable wear and
tear excepted. However, it would be unreasonable for the landlord
to require the tenant to remove the blocking, since the reinforced
walls will not interfere in any way with the landlord's or the
next tenant's use and enjoyment of the premises and may be needed
by some future tenant.
(2)
Example 2: An applicant for rental housing has a child who uses
a wheelchair. The bathroom door in the dwelling unit is too narrow
to permit the wheelchair to pass. The applicant asks the landlord
for permission to widen the doorway at the applicant's own expense.
It is unlawful for the landlord to refuse to permit the applicant
to make the modification. Further, the landlord may not, in usual
circumstances, condition permission for the modification on the applicant
paying for the doorway to be narrowed at the end of the lease because
a wider doorway will not interfere with the landlord's or the
next tenant's use and enjoyment of the premises.
D.
For any person, including any owner or real estate broker, to refuse
to make reasonable accommodations in rules, policies, practices or
services (except for federally regulated lending institutions) when
such accommodations may be necessary to afford a person with a disability
or handicap the opportunity to use and enjoy a dwelling. The application
of this Subsection 4 of this section may be illustrated by the following
examples:
(1)
Example 1: An applicant with a vision impairment for rental
housing wants to live in a dwelling unit with a Seeing Eye Dog. The
building has a policy that prohibits tenants from keeping pets. It
is a violation for the owner or manager of the apartment complex to
refuse to permit the applicant to live in the apartment with a Seeing
Eye Dog because, without the Seeing Eye Dog, the person with a vision
impairment will not have an equal opportunity to use and enjoy a dwelling.
(2)
Example 2: An applicant for an apartment dwelling that does
not typically reserve spaces for tenants has a disability that precludes
him or her from walking more than a short distance. It is a violation
for the owner or manager of the apartment dwelling to refuse to reserve
a space for him or her within a short walking distance to the dwelling.
Because the applicant may not be able to live in the dwelling without
this accommodation, it is necessary to provide the accommodation to
provide the applicant equal opportunity to use and enjoy the dwelling.
This is considered a reasonable accommodation because it is feasible
and practical considering the circumstances.
E.
For any person, including any owner or real estate broker, to discriminate
in the providing of any facilities or services (except for federally
funded lending institutions) for any dwelling because of race, color,
religion, ancestry, age, national origin, sex, sexual orientation,
gender identity or expression, source of income, disability or handicap,
presence of a service animal, pregnancy, marital or familial status
or family responsibility.
F.
For any person, including any owner or real estate broker, to publish,
circulate, issue or display, or cause to be published, circulated,
or displayed, any communication, notice, advertisement, or sign of
any kind relating to the sale, rental, lease, sublease, assignment,
transfer or listing of a dwelling or dwellings which indicates any
orientation, limitation, specification or discrimination based on
race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence a service animal, pregnancy, marital or familial
status or family responsibility.
G.
For any person, including any owner or real estate broker or associate,
or any other person for business or economic purposes, to induce directly
or indirectly, or to attempt to induce directly or indirectly, the
sale or rental or the listing for sale or rental of a dwelling by
representing that a change has occurred or will or may occur with
respect to the race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility composition of
the street, block, neighborhood or area in which said dwelling is
located.
H.
For any person, including any real estate broker or associate, to
deny a person access to membership or participation in a multiple
listing service, real estate brokers' organization or other service
because of race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility.
I.
For any person, including any real estate broker or associate, to
aid, incite, compel, coerce or participate in the doing of any act
declared to be an unlawful housing practice under this Part, to obstruct
or prevent enforcement or compliance with the provisions of this Part
or any rule or regulation, or to attempt directly or indirectly to
commit any act declared by this Part to be an unlawful housing practice.
J.
For any person or entity whose business includes engaging in residential
real-estate-related transactions to discriminate against any person
in making available such a transaction or in the terms or conditions
of such a transaction because of race, color, religion, ancestry,
age, national origin, sex, sexual orientation, gender identity or
expression, source of income, disability or handicap, presence a service
animal, pregnancy, marital or familial status or family responsibility.
2.
The notice provided to the respondent as referenced in Section 211(B)[1] will advise the respondent that retaliation against any
person because he or she made a complaint or testified, assisted or
participated in an investigation or mediation under this Part is a
discriminatory practice that is prohibited by this Part.
[Ord. No. 1084, 1/17/2023]
1.
It shall be an unlawful public accommodations practice, except as
otherwise provided in this Part, for any person being the owner, lessee,
proprietor, manager, superintendent, agent or employee of any public
accommodation to:
A.
Refuse, withhold from, or deny to any person because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender
identity or expression, source of income, disability or handicap,
presence of a service animal, pregnancy, marital or familial status
or family responsibility either directly or indirectly, any of the
accommodations, advantages, facilities or privileges of such public
accommodation.
B.
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 race, color, religion, ancestry, national
origin, sex, sexual orientation, gender identity or expression, source
of income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility, or that the patronage
or custom thereat of any person, belonging to or purporting to be
of any particular race, color, religion, ancestry, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility, is unwelcome,
objectionable or not acceptable, desired or solicited.
C.
Exclude or otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations or other opportunities to a person because
of the disability or handicap of an individual with whom the person
is known to have a relationship or association.
D.
Construct such place of public accommodation which is not accessible.
E.
Refuse to remove any barrier to accessibility to such existing place
of public accommodation, where barrier removal is readily achievable,
meaning easily accomplishable and able to be carried out without much
difficulty or expense. Where barrier removal is not readily achievable,
it shall be unlawful to refuse to take any readily achievable alternative
steps to make such public accommodation accessible.
2.
The notice provided to the respondent as referenced in Section 211(B)[1] will advise the respondent that retaliation against any
person because he or she made a complaint or testified, assisted or
participated in an investigation or mediation under this Part is a
discriminatory practice that is prohibited by this Part.
[Ord. No. 1084, 1/17/2023]
1.
It shall be unlawful for any person or entity whose business includes
engaging in residential real-estate-related transactions to discriminate
against any person in making available loans or other financial assistance
for a dwelling, or which is or is to be secured by a dwelling, because
of race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence of a service animal, pregnancy, marital or familial
status or family responsibility.
2.
It shall be unlawful for any person or entity engaged in the making
of loans or in the provision of other financial assistance relating
to the purchase, construction, improvement, repair or maintenance
of dwellings or which are secured by residential real estate to impose
different terms or conditions for the availability of such loans or
other financial assistance because of race, color, religion, ancestry,
age, national origin, sex, sexual orientation, gender identity or
expression, source of income, disability or handicap, presence of
a service animal, pregnancy, marital or familial status or family
responsibility.
3.
The notice provided to the respondent as referenced in Section 211(B)[1] will advise the respondent that retaliation against any
person because he or she made a complaint or testified, assisted or
participated in an investigation or mediation under this Part is a
discriminatory practice that is prohibited by this Part.
[Ord. No. 1084, 1/17/2023]
1.
It shall be unlawful for any employer to discriminate against any
employee or prospective employee in employment practices because of
race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence of a service animal, pregnancy, marital or familial
status or family responsibility.
2.
Retaliation against any person, either directly or by aiding, inciting,
compelling, coercing or participating, because such person has opposed
any practice forbidden by this Part, or because such person has made
a charge, testified or assisted in any manner in any investigation,
proceeding or hearing authorized by this Part is prohibited.
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. No. 1084, 1/17/2023]
It shall be unlawful for any person, whether or not within the
named classifications set forth in this Part, to aid, incite, compel,
coerce or participate in the doing of any act declared to be an unlawful
practice under this Part, or to obstruct or prevent enforcement of
compliance with the provisions of this Part or any rule, regulation
or order of the municipality to be an unlawful practice.
[Ord. No. 1084, 1/17/2023]
A complaint must be filed with the Manager's office within
180 days of the alleged act of discrimination. Applicants may also
wish to file a complaint with the PHRC and/or EEOC, as applicable,
to preserve any filing deadlines with those agencies, but, if such
filings are made by the complainant, the Commission will have no further
jurisdiction over the complaint.
[Ord. No. 1084, 1/17/2023]
Any person who shall violate any provision of this Part or who
resists or interferes with any authorized representative of the municipality
in the performance of his or her duties shall, upon conviction thereof
before any District Justice, be guilty of a misdemeanor and sentenced
to pay a fine of not less than $100 nor more than $500 and the costs
of prosecution and, in default of payment of any such fine and costs,
may be committed to a term of imprisonment not to exceed 30 days.
Each time that a violation occurs shall constitute a separate offense.
[Ord. No. 1084, 1/17/2023]
This Part shall have no effect over matters which are the subject
of pending or prior filings made by an aggrieved person before any
state or federal court or agency of competent jurisdiction. Nothing
contained herein shall prohibit any aggrieved person from pursuing
any civil, state or federal remedy available following completion
of proceedings under this Part, provided that all time frames and
statutes of limitation prescribed by this Part and all applicable
state and federal legislation shall occur contemporaneously and the
process for investigation and adjudication by all relevant jurisdictions
shall not be held in abeyance while another jurisdiction carries out
its procedures. The Regional Human Relations Commission shall not
file on behalf of the complainant with another agency or court of
competent jurisdiction.
