[HISTORY: Adopted by the Borough Council of the Borough of
Carlisle 12-8-2016 by Ord. No.
2259, approved 12-8-2016. Amendments noted where applicable.]
This ordinance shall be known as the "Borough of Carlisle Human
Relations Ordinance."
A.
The Borough of Carlisle finds that it is of high public importance
to adopt appropriate legislation to ensure that all persons, regardless
of actual or perceived race, color, religious creed, ancestry, sex,
national origin, handicap, use of guide or support animals because
of blindness, deafness or physical handicap of the user or because
the user is a handler or trainer of support or guide animals, or sexual
orientation, gender identity or gender expression, enjoy the full
benefits of citizenship and are afforded equal opportunities for employment,
housing, commercial property and public accommodation.
B.
The Council of Carlisle Borough hereby declares it to be the public
policy of the Borough to foster equality and equal opportunity for
all citizens, regardless of actual or perceived race, color, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals because of 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 an individual's sexual orientation,
gender identity or gender expression, in all matters affecting employment,
housing and commercial property and public accommodation, and to safeguard
the right of all persons to remain free from discrimination or discriminatory
practices in any of the foregoing aspects of their lives.
C.
Nothing in this ordinance shall be construed as supporting, endorsing
or advocating any particular doctrine, point of view, or religious
belief. On the contrary, it is the express purpose and intent of this
ordinance that all persons be treated fairly and equally and that
all persons in Carlisle Borough be guaranteed fair and equal treatment
under law.
D.
This ordinance shall be deemed an exercise of the police power of
the Borough of Carlisle, as provided under the Pennsylvania Municipal
Code, for the protection of the public welfare, prosperity, health
and peace of the community of Carlisle Borough.
A.
AFFECTIONAL OR SEXUAL ORIENTATION
ASEXUALITY
BISEXUALITY
BOROUGH
BOROUGH COUNCIL
CORE IDENTITY
DISCRIMINATION
DISCRIMINATORY ACTS
(1)
(2)
(3)
EMPLOYEE
EMPLOYER
ETHNIC CHARACTERISTICS
GENDER IDENTITY OR EXPRESSION
HETEROSEXUALITY
HOMOSEXUALITY
INTERSEX
ORDINANCE
PERSON
PREGNANCY
RACE
(1)
(2)
(3)
(4)
(5)
RELIGIOUS BELIEFS
RELIGIOUS CREED
SEX
(1)
(2)
(3)
(4)
(5)
SEX ASSIGNED AT BIRTH
SEXUAL ORIENTATION
TRAITS ASSOCIATED WITH RACE
The following words and phrases, when appearing in this ordinance,
shall have the meanings given to them under this section:
Male, female or nonbinary heterosexuality, homosexuality,
bisexuality or asexuality by inclination, practice, identity or expression,
having a history thereof, or being perceived, presumed or identified
by others as having such an orientation.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
The lack of sexual attraction to others, or low or absent
interest in or desire for sexual or romantic activity.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Affectional, emotional, or physical attraction or behavior
which is directed towards persons of either gender.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
The Borough of Carlisle, County of Cumberland, Commonwealth
of Pennsylvania.
The Borough Council of the Borough of Carlisle.
Attributes that make a person unique as an individual, such
as fundamental beliefs and values, personal characteristics, and physical
or mental attributes.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Any discriminatory act(s) taken by any person, employer,
entity, employment agency, or labor organization, with respect to
or involving a transaction related to employment or public accommodations,
housing or commercial property on the basis of a person's actual or
perceived race, color, religious creed, ancestry, sex, national origin,
handicap or use of guide or support animals because of 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 an individual's
sexual orientation, gender identity or gender expression.
All acts or actions defined in the Pennsylvania Human Relations
Act[1] as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations on the basis of actual or perceived race, color, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals because of 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 an individual's sexual orientation,
gender identity or gender expression. The below rights are hereby
recognized as and declared to be civil rights, which shall be enforceable
as set forth in Section 3 of the Pennsylvania Human Relations Act.[2]
Employment: the opportunity for an individual to obtain employment
for which he is qualified.
Public accommodation: the opportunity for an individual to access
food, beverages, lodging, resorts or amusements which are open to,
accept or solicit the patronage of the general public, but shall not
include any accommodations that are in their nature distinctly private.
Commercial property or housing: the opportunity for an individual
to obtain any commercial property or housing accommodation for which
he is qualified.
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, or 3) any individual employed by said individual's parents,
spouse or child.
Any person who employs one or more employees, including the
Borough, its departments, boards and commissions, and any other government
agency within the jurisdiction of the Borough, save those of any government
agency whose laws may be deemed preemptive of this ordinance.
Physical characteristics, such as skin and hair color, body
size and facial features, typical of persons of a particular culture
or social background; linguistic characteristics such as language
or dialect; behavioral or cultural characteristics such as religion
or customs; and environmental characteristics such as living in the
same area or region
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Having, or being perceived as having, a gender-related identity,
appearance, expression or behavior which may or may not be stereotypically
associated with the person's sex assigned at birth. Gender identity
or expression may be demonstrated by consistent and uniform assertion
of the gender identity or any other evidence that the gender identity
is part of a person's core identity.
[Amended 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Affectional, emotional, or physical attraction or behavior
which is primarily directed towards persons of the other gender.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Affectional, emotional, or physical attraction or behavior
which is primarily directed towards persons of the same gender.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Describes a person born with sex characteristics that are
not typical for male or female bodies. Sex characteristics are physical
features relating to sex, including chromosomes, genitals, hormones
and other reproductive anatomy.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
This ordinance, which shall be referred to as the "Borough
of Carlisle Human Relations 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 Borough, its departments, boards and commissions, and any other
for-profit and nonprofit organizations.
Includes all of the following:
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Includes all of the following:
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Ancestry, national origin or ethic characteristics.
Interracial marriage or associations.
Traits associated with race.
Hispanic ancestry, national origin or ethnic characteristics,
including, but not limited to, persons of Mexican, Puerto Rican, Central
or South American or other Spanish origin or culture.
Persons of any other national origin or ancestry as specified
by a complainant in a complaint.
Include the following:
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Includes all aspects of religious observances, practice or
belief, and includes the failure to provide a reasonable accommodation
for a religious observance or practice.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Includes all of the following:
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Pregnancy.
Sex assigned at birth.
Gender, including a person's gender identity or gender expression.
Affectional or sexual orientation, including heterosexuality,
homosexuality, bisexuality and asexuality.
Differences of sex development, variations of sex characteristics
or other intersex characteristics.
The assignment and classification of individuals at birth,
including but not limited to male, female or intersex.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
Include, but are not limited to, hair texture and protective
hairstyles, such as braids, locks and twists.
[Added 12-14-2023 by Ord. No. 2430, approved 12-14-2023]
B.
Any terms of this ordinance not expressly defined herein shall be
construed in a manner consistent with the Pennsylvania Human Relations
Act.
A.
Discrimination in employment, housing and commercial property or
any public accommodation is prohibited under this ordinance.
B.
Retaliation against any individual because such person has opposed
any practice forbidden by this ordinance or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this ordinance is prohibited under this ordinance.
C.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this ordinance to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
ordinance, is prohibited under this ordinance.
A.
Pursuant to the authority set forth under § 962.1 of the
Pennsylvania Human Relations Act, 43 P.S. § 962.1, there
is hereby established a Human Relations Commission for the Borough
of Carlisle, which shall be known as the "Borough of Carlisle Human
Relations Commission."
B.
The Borough of Carlisle Human Relations Commission shall consist
of four members, who shall be appointed to terms of four years by
the Carlisle Borough Council. The terms of the members of the Commission
shall be staggered, such that the terms of 1/4 of the members of the
Commission shall expire each year. All members of the Commission shall
be residents or business owners of the Borough of Carlisle and shall
serve without compensation.
C.
The Chairperson of the Commission will designate one member as needed
to receive a complaint and conduct an intake meeting with the complainants.
The member charged with this duty shall not participate in any mediations
involving parties to the complaint for which he or she handled the
intake, nor shall this member vote on complaints brought in front
of the Commission.
D.
The Human Relations Commission shall, annually, designate one member
to serve as Chairperson of the Commission. The Chairperson shall be
responsible for coordinating the activities, meetings, and operations
of the Commission, as set forth under this ordinance. The Chairperson
shall also report, quarterly, to the Borough Manager regarding the
activities of the Commission.
E.
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary to acquaint themselves with the functioning of
the Borough of Carlisle Human Relations Commission under this ordinance,
as well as the terms, conditions and provisions of the Pennsylvania
Human Relations Act,[1] and the operation of the Pennsylvania Human Relations Commission. Such training and education shall be as directed by the Chairperson and shall be performed by current trained members of the Commission or in conjunction with the State Human Relations Commission. Alternate members appointed by Borough Council as provided in § 83-5H below shall also receive training in the same manner as Commission members.
[Amended 1-9-2020 by Ord. No. 2356; approved 1-9-2020]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
F.
The Carlisle Borough Human Relations Commission shall have all of
those powers necessary to execute the duties set forth under this
ordinance, provided that such powers shall not exceed those exercised
by the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
G.
The Carlisle Borough Human Relations Commission shall operate within
the scope of funds that may be allocated, on an annual basis, by the
Borough Council and shall not exceed the annual allocation in any
year, except upon prior approval by the Borough Council. In adopting
this ordinance, the Borough Council hereby expresses its intention
that the operation of the Carlisle Borough Human Relations Commission
under this ordinance shall be supported by volunteers, unpaid staff,
and volunteer efforts and shall be as close to "zero cost" to the
Borough as reasonably feasible.
H.
Borough Council shall appoint two alternate members to the Borough
of Carlisle Human Relations Commission who shall serve as members
of the Commission in the event of the absence or disqualification
by conflict or other reason of any regular member. The first alternate
member shall be appointed to a term to expire February 29, 2020, and
the second alternate member shall be appointed to a term to expire
February 28, 2022. Thereafter, alternate members shall be appointed
to a term of four years. The Chairperson of the Commission, or, in
the absence of the Chairperson, the Commission members present, shall
designate one or both of the alternate members to sit as members of
the Commission. Upon such appointment, the alternate member or alternate
members shall be entitled to participate in and vote on such matters
as may come before the Commission during the meeting for which the
appointment has been made. In addition, the appointed alternate members
may participate in outreach and educational efforts of the Commission.
[Added 3-8-2018 by Ord.
No. 2297, approved 3-8-2018]
A.
Any person claiming to be aggrieved by a practice that is made unlawful under this ordinance may make, sign and file a verified complaint, as provided under Subsection B of this section, alleging violations of this ordinance. Such complaint shall, at a minimum, contain the following information:
(1)
The name, telephone number, mailing address and e-mail address (if
applicable) of the aggrieved person(s);
(2)
The name, telephone number, mailing address and e-mail address (if
applicable) of the person(s) alleged to have committed the prohibited
practice;
(3)
A concise statement of the facts, including pertinent dates, time,
locations, people, and acts involved constituting the alleged discriminatory
practice;
(4)
Such other information as may be required by the Commission.
B.
Complaints may be filed in person at the office of the Borough Manager
or by mailing such complaints to the Borough offices to the attention
of the Borough Manager or the member of the Commission designated
to handle intake. All such complaints must be received by the Borough
within 180 days of the occurrence of the last act giving rise to the
complaint, or such complaint shall be dismissed as untimely.
C.
The Borough Manager shall transmit all complaints received to the
Chairperson of the Commission not later than 10 days after receipt
of the complaint. The Borough Manager shall conspicuously mark the
face of the complaint with the date the document was first received
in the Borough offices.
D.
The Commission may promulgate forms for use by persons wishing to file a complaint; however, complaints that are prepared without the use of an approved form shall be deemed acceptable under this ordinance so long as the facts set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.
E.
The Commission may provide for a process by which persons seeking
to file a complaint may consult with a volunteer or other staff person
affiliated with the Commission who is trained to assist the prospective
complainant in discerning the facts relevant to the prospective complaint.
Such process shall also include referral of additional information
to the prospective complainant concerning the content of this ordinance,
the content of the Pennsylvania Human Relations Act,[1] and the availability of the Pennsylvania Human Relations
Commission as an additional venue within which the prospective complainant
may seek redress when possible.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Within 30 days of the receipt of a complaint, the Commission shall:
(1)
Send a copy of the complaint to the person(s) charged with a discriminatory
act or practice under this ordinance (the "respondent"), together
with a copy of this ordinance.
(2)
Send a notice to the complainant, informing him or her that the complaint
has been accepted and processed by the Commission. If the complaint
alleges discrimination on a basis prescribed under federal or state
law, the notice shall also inform the complainant of his or her right
to file a complaint with the Pennsylvania Human Relations Commission
or the federal Equal Employment Opportunity Commission, as well as
the United States Department of Housing and Urban Development, where
applicable.
(4)
Include a notice to both the complainant and the respondent(s) of
their option to elect to proceed to voluntary mediation in order to
resolve the matters giving rise to the complaint.
B.
The respondent(s) shall file a written verified answer to the complaint
within 30 days of service of the complaint. An answer shall be filed
in the same manner as a complaint.
A.
Within 30 days of receipt of an answer to a complaint or, where no answer is filed, within 60 days of service of the complaint upon the respondent(s), the Commission shall proceed in accordance with the following options, in the event that both parties have consented to mediation under § 83-7A(4):
(1)
The Commission shall refer the matter to a recognized alternative
dispute-resolution service, which same service may be provided through
Cumberland County, the Cumberland County Bar Association, or any other
professional mediation service provider, or may refer the matter to
a licensed member of the Pennsylvania Bar who may be willing to perform
service to the Commission as a volunteer mediator. Any costs or expenses
that may be associated with the mediation shall be the responsibility
of the parties.
(2)
The parties shall jointly select the mediator; however, the Commission
shall retain the authority to act as the mediator in the event that
the parties have agreed to mediation but cannot jointly agree on a
mediator. Mediation sessions conducted by the Commission may proceed
with a minimum of two eligible Commission members. Mediation sessions
shall remain private and not otherwise subject to public attendance.
B.
When mediation has resulted in an amicable resolution of the complaint
and the complaint is resolved, the Commission shall notify the parties
that the complaint has been dismissed and shall record the result
of the mediation in the notice of dismissal.
C.
In the event that the complaint has not been resolved through mediation,
the parties are entitled to proceed to the Court of Common Pleas in
Cumberland County.
Nothing contained in this ordinance shall be deemed to limit
the right of an aggrieved person to recover under any other applicable
law or legal theory.
This ordinance shall have no jurisdiction over matters that
are the subject of pending or prior filings made by an aggrieved person
before any state or federal court or agency of competent jurisdiction.
Any person who shall violate any provision of § 83-4 of this ordinance may be subject by the Cumberland County Court of Common Pleas, or by any court of competent jurisdiction, to the penalties enumerated in Section 9(f)(1) and (2) and Sections 9.2, 9.3, 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this ordinance shall mirror
any future changes to the Pennsylvania Human Relations Act[2] as adopted by the General Assembly and approved by the
Governor.
A.
This ordinance extends the protections of the Pennsylvania Human
Relations Act to include actual or perceived sexual orientation, gender
identity or gender expression.
B.
The penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in the Borough
of Carlisle Human Relations Ordinance.
