[Ord. 2017-2271, 3/15/2017]
1.
In order to ensure that all persons, regardless of actual or perceived
race, color, sex, religion, ancestry, national origin, sexual orientation,
gender identity or expression, familial status, marital status, age,
mental or physical disability, use of guide or support animals and/or
mechanical aids enjoy the full benefits of citizenship and are afforded
equal opportunities for employment, housing and the use of public
accommodations, it is necessary that appropriate legislation be enacted.
2.
It is hereby declared to be the public policy of the Borough to foster
the employment of all individuals in accordance with their fullest
capacities regardless of actual or perceived race, color, sex, religion,
ancestry, national origin, sexual orientation, gender identity or
expression, familial status, marital status, age, mental or physical
disability, use of guide or support animals and/or mechanical aids,
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 actual
or perceived race, color, sex, religion, ancestry, national origin,
sexual orientation, gender identity or expression, familial status,
marital status, age, mental or physical 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, 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 the Borough.
4.
This Part shall be deemed an exercise of the police power of the
Borough for the protection of the public welfare, prosperity, health
and peace of the Phoenixville community.
[Ord. 2017-2271, 3/15/2017]
1.
ACT
BOROUGH
BOROUGH COUNCIL
CHAPTER
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYEE
EMPLOYER
GENDER IDENTITY OR EXPRESSION
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases appearing with initial capital letters
when used in this Part shall have the meanings given to them in this
subsection. Unless stated otherwise, terms in this Part shall have
the meanings given to them, as defined in the Pennsylvania Human Relations
Act (PHRA).
[Amended by Ord. No. 2018-2284, 4/10/2018]
The Pennsylvania Human Relations Act.[1]
The Borough of Phoenixville, County of Chester, Commonwealth
of Pennsylvania.
The Borough Council of the Borough of Phoenixville.
This chapter which shall also be known as the "Antidiscrimination
Ordinance."
Any discriminatory act(s) taken by any person, employer,
employment agency, labor organization or public accommodation on the
basis of actual or perceived race, color, sex, religion, ancestry,
national origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical disability,
use of guide or support animals and/or mechanical aids.
All acts defined in the Pennsylvania Human Relations Act[2] as "unlawful discriminatory practices." The fact that
the Pennsylvania Human Relations Act would not define a practice as
unlawful when that practice is taken on the basis of actual or perceived
sexual orientation, gender identity or expression, or marital status
shall not exempt such practice from being considered a discriminatory
act under this Part.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer. Does
not include independent contractors, seasonal or temporary employees.
Any person who employs four or more persons, including the
Borough, its departments, boards and commissions, and any other government
agency within its jurisdiction.
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.
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 other for
profit and nonprofit organizations.
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(i) of the Pennsylvania Human Relations Act, 43 P.S. § 954(i),
but shall not include any accommodations which are in their nature
distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
2.
To the extent that words and phrases appearing in this Part are not
expressly defined herein, the words and phrases shall be defined in
accordance with the meaning given to such term in the Act.
[Ord. 2017-2271, 3/15/2017]
1.
Discrimination in housing, employment or public accommodations 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. 2017-2271, 3/15/2017]
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 religion.
[Ord. 2017-2271, 3/15/2017]
2.
The Phoenixville Human Relations Commission shall consist of five
members, who shall serve overlapping terms of three years each. Members
of the Commission shall be appointed by Borough Council. Members shall
be residents of the Borough. No member of the Phoenixville Human Relations
Commission shall hold any office in any political party. Members of
the Phoenixville Human Relations Commission shall serve without salary
but may be paid expenses incurred in the performance of their duties
as approved by the Borough Council.
3.
The Commission shall elect from its own membership its officers who
shall serve annual terms as such and may succeed themselves. The Chairperson
will be responsible for setting Commission meetings, coordinating
with the Borough Manager regarding received complaints and answers,
and generally ensuring that the duties of the Commission are fulfilled.
The Chairperson may delegate responsibility for Commission duties
to specific Commissioners or to paid staff, if applicable.
[Amended by Ord. No. 2018-2284, 4/10/2018]
4.
Borough Council shall grant the Phoenixville Human Relations Commission
powers and duties similar to those now exercised by the Pennsylvania
Human Relations Commission under the provisions of the Act so it may
enforce the present Antidiscrimination Ordinance and prohibit discriminatory
acts as defined herein.
[Amended by Ord. No. 2018-2284, 4/10/2018]
[Ord. 2017-2271, 3/15/2017]
1.
Filing a complaint.
A.
Any person(s) who claims he/she or it has been aggrieved by an unlawful practice prohibited in § 6-1103 of this Part 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 prohibited practice;
(3)
A concise statement of the facts, including pertinent dates,
constituting the alleged discriminatory practice;
(4)
If applicable, the address and a description of the dwelling
unit which is involved; and
(5)
Such other information as may be required by the Borough.
B.
Complaints may be filed in person at the Borough Manager's office,
or by mailing such complaints to the Borough Manager's office or to
the Chairperson of the Human Relations Commission. All complaints
must be received by the Borough Manager's office or by Human Relations
Commission within 90 days of the alleged act of discrimination to
be considered timely. The timelines established under this Antidiscrimination
Ordinance shall by no means toll the timelines set forth in the Pennsylvania
Human Relations Act or other applicable state or federal statute.
[Amended by Ord. No. 2018-2284, 4/10/2018]
C.
The Borough 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.
D.
In accordance with 43 P.S. § 962.1(e), the local Human
Relations Commission shall notify the Pennsylvania Human Relations
Commission of complaints received involving discriminatory acts within
that Commission's jurisdiction.
[Added by Ord. No. 2018-2284, 4/10/2018]
2.
Notification and answer.
A.
Within 30 days of its receipt of a complaint, the Human Relations
Commission shall send a copy of the complaint to the person(s) charged
with a discriminatory practice [the "respondent(s)"] and send a notice
to the person(s) aggrieved, informing them that their complaint has
been received. If the complaint alleges discrimination on a basis
proscribed under federal or state law, the notice sent to the person(s)
aggrieved shall also inform them of their right to file with the state
Human Relations Commission and/or with the federal Equal Employment
Opportunity Commission.
B.
The respondent(s) shall file a written verified answer to the complaint
within 60 days of their receipt of the complaint. An answer to a complaint
may be filed in the same manner as an original complaint. If the answer
is filed with the Borough Manager's office, it shall be conveyed by
the Borough Manager to the Chairperson of the Human Relations Commission
within 10 days of the Borough Manager's office's receipt thereof.
The Commission shall promptly send a copy of the answer to the person(s)
aggrieved.
3.
Mediation.
A.
After the answer has been received, the Commission shall, within
60 days, invite the parties to voluntarily participate in the mediation
of their dispute. The parties shall respond to the invitation to mediate
within 30 days of being invited to mediate their dispute.
B.
If mediation is elected by the parties, the parties may jointly select
a mediation service, in which case the parties shall be financially
responsible for all costs and expenses associated with mediation.
If the parties do not jointly select a mediator, the Commission shall
select a mediator, who may be a member of the Commission, a volunteer
from the community, or a contracted mediation service. The Commission
shall use cost-free volunteer mediators only, unless funds are approved
for contracted mediation services by the Borough Council, or are obtained
from an outside funding source.
C.
The parties shall notify the Commission of whether the mediation
was successful in resolving the complaint. Mediation proceedings shall
otherwise be confidential and shall not be made public unless agreed
to in writing by both parties to the dispute.
4.
Dismissal of the complaint. Provided that the Commission has not elected under Subsection 4 of this section to use expanded procedures, the Commission shall, following the mediation, promptly notify the parties that they have dismissed the complaint. If the complaint was not resolved through mediation, this notice shall also indicate that the person aggrieved has a right to pursue the matter in court by filing a lawsuit.
5.
Option of the Commission to elect for expanded procedures. Subject to the approval of Borough Council, and provided that funding is available to implement such procedures, the Commission shall have the authority to elect to adopt expanded procedures, as set forth in Subsections 6 through 12 of this section. The Commission may obtain funding for expanded procedures from any available source, including federal or state government entities, private foundations, and other funding sources. A majority of Commission members must vote in favor of adopting expanded procedures in order for such procedures to be adopted. In the event that such procedures are adopted, they must, while in effect, be applied to all complaints that are not resolved through mediation. If the Commission has adopted expanded procedures it may also by majority vote, and in its sole discretion, eliminate such procedures. Provided funds are available, it shall be solely within the discretion of the Commission and the Borough Council to decide whether to adopt or eliminate expanded procedures, and no person shall have the right to make any claim, bring any action, or otherwise contest the Commission and/or Council's decision to adopt, decline to adopt, or eliminate expanded procedures. This section does not create any private right or entitlement to have expanded procedures implemented, even if funding is available for such procedures.
6.
Expanded procedures: dismissal or nondismissal of the complaint. If mediation was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection D of this section for dismissing the complaint. If mediation was not successful in resolving the complaint, the Commission shall not dismiss the complaint, but shall instead undertake the procedures set out in Subsections 7 through 9 of this section.
7.
Expanded procedures: investigation. The Commission shall, within
30 days, begin to investigate the allegations of discrimination set
forth in the complaint. The Commission may, in the conduct of such
investigation, issue subpoenas to any person charged with an unlawful
practice to furnish information, records or other documents, as necessary
to assist in its investigation.
[Amended by Ord. No. 2018-2284, 4/10/2018]
8.
Expanded procedures: finding of no cause. If it shall be determined
after the Commission's investigation that there is no basis for the
allegations of the complaint, the Commission shall cause to be issued
and served upon the parties written notice of such determination.
This notice shall inform the person aggrieved that they have the right
to pursue the matter in court by filing a lawsuit.
9.
Expanded procedures: conciliation. If the Commission, after investigation,
determines that probable cause exists for the allegations of the complaint,
the Commission shall immediately endeavor to eliminate the unlawful
practice complained of by persuasion, conference and conciliation.
10.
Expanded procedures: public hearing.
A.
If the Commission, in its discretion, finds it is not possible to
eliminate the unlawful practices by persuasion, the Commission shall
cause to be issued and served a written notice, together with a copy
of the complaint, which informs the respondent that they must answer
the charges of such complaint at a hearing before the Commission at
a time and place to be specified in such notice.
B.
The Commission may designate one or more of its members to preside
at such a hearing, or it may at its election conduct such hearing
"en banc."
C.
At the public hearing, the case in support of the complaint shall
be presented to the Commission by counsel for the complainant or by
Commission staff. The case in support of the complaint may instead
be presented by the complainant's attorney, if the complainant is
represented. Both the complainant and the respondent may appear at
the hearing with or without counsel, and provide testimony. In addition,
both the complainant and the respondent may introduce the testimony
of additional witnesses, and may submit documentary evidence. The
Commission and the parties shall not be bound by the strict rules
of evidence at the hearing.
D.
The Commission shall use the services of a court stenographer so
that a record of the hearing can be made.
[Added by Ord. No. 2018-2284, 4/10/2018]
11.
Expanded procedures: findings. If, upon consideration of all of the
evidence at the hearing, the Commission finds that a respondent has
engaged in or is engaging in any unlawful discriminatory act as defined
in this chapter, the Commission shall state its findings of fact,
and shall issue and cause to be served on such respondent an order
requiring such respondent to cease and desist from such unlawful discriminatory
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 53 P.S. § 959 of the Pennsylvania Human Relations
Act. The Commission has no authority to issue remedies beyond those
provided by the PHRA.
[Amended by Ord. No. 2018-2284, 4/10/2018]
12.
Expanded procedures: finding of no discrimination. If, upon consideration
of all of the evidence, the Commission finds that a respondent has
not engaged in any unlawful discriminatory act as defined in this
Part, the Commission shall state its findings of fact, and shall issue
and cause to be served on the parties an order dismissing the complaint
as to such respondent.
[Ord. 2017-2271, 3/15/2017; as amended by Ord. No. 2018-2284, 4/10/2018]
Nothing in this chapter limits the right of an aggrieved person
to recover under any other applicable law or legal theory.
