[Ord. 1027, 5/2/2017]
There is hereby created a commission known as the "Human Relations
Commission of the Borough of Stroudsburg."
[Ord. 1027, 5/2/2017]
1.
The purpose of the Commission is to ensure that all persons, regardless
of actual or perceived race, color, sex, height, weight, religion,
ancestry, genetic information, national origin, sexual orientation,
gender identity or expression, familial status, marital status, age,
mental or physical disability, and 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 and have equal access to postsecondary educational
institutions. Specifically, a business, person, or employer is not
permitted to deny any person the full and equal enjoyment of goods,
services, housing, facilities, privileges, advantages, and accommodations
on the basis of any protected characteristic. A business is not permitted
to exclude, refuse to provide services, offer lesser services, or
disadvantage a person because of any of the characteristics protected
by this Subpart. Additionally, a business may not advertise or post
a sign indicating that it discriminates based on these protected characteristics.
2.
It is hereby declared to be the public policy of Stroudsburg Borough
to foster the employment of all individuals in accordance with their
fullest capacities regardless of actual or perceived race, color,
sex, height, weight, religion, ancestry, genetic information, national
origin, sexual orientation, gender identity or expression, familial
status, marital status, age, veteran status, mental or physical disability,
and 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 without regard to actual or perceived race,
color, sex, height, weight, religion, ancestry, genetic information,
national origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical disability,
and use of guide or support animals and/or mechanical aids, and to
have equal access to postsecondary educational institutions without
regard to actual or perceived race, color, sex, height, weight, religion,
ancestry, genetic information, national origin, sexual orientation,
gender identity or expression, familial status, marital status, age,
mental or physical disability, and use of guide or support animals
and/or mechanical aids.
3.
Nothing in this Subpart 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 Subpart that all
persons be treated fairly and equally, and it is the express intent
of this Subpart to guarantee fair and equal treatment under the law
to all people of the Borough.
4.
This Subpart shall be deemed an exercise of the police power of Stroudsburg
Borough for the protection of the public welfare, prosperity, health,
and peace of the Stroudsburg community.
[Ord. 1027, 5/2/2017]
1.
BOROUGH
BOROUGH COUNCIL
BUSINESS
DISCRIMINATION
DISCRIMINATORY ACTS
EDUCATIONAL INSTITUTION
EMPLOYEE
EMPLOYER
ENTERTAINMENT AND RECREATION
GENDER IDENTITY OR EXPRESSION
GENETIC INFORMATION
LODGING
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
REFRESHMENTS
SEXUAL ORIENTATION
TRANSPORTATION FACILITY
The following words and phrases, when used in this Subpart, shall
have the meanings given to them in this subsection:
The Borough of Stroudsburg, County of Monroe, Commonwealth
of Pennsylvania.
The Borough Council of Stroudsburg Borough.
Any commercial establishment or person offering goods or
services to the public, including, but not limited to, professional
services, property repairs, retail stores, medical facilities, gyms,
and banks.
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, height, weight, religion,
ancestry, genetic information, national origin, sexual orientation,
gender identity or expression, familial status, marital status, age,
mental or physical disability, or use of guide or support animals
and/or mechanical aids.
All acts defined in the Pennsylvania Human Relations Act[1] 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, genetic information or
marital status shall not exempt such practice from being considered
a discriminatory act under this Subpart.
Those postsecondary programs defined as educational institutions
pursuant to the Pennsylvania Fair Educational Opportunities Act, 24
P.S. § 5001 et seq.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Any person who employs one or more employees, including the
Borough, its departments, boards and commissions, and any other government
agency within its jurisdiction.
Any establishment where the public may be provided facilities
or services for the purpose of recreation or entertainment, including,
but not limited to, dance halls, ice or roller skating rinks, adventure
services, movie theaters, concert halls, billiard halls, sports facilities,
museums, sports and entertainment venues, campgrounds, pools, bowling
alleys, shooting ranges, rock climbing facilities, and art galleries.
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 transgendered or are gender-variant.
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.A.
§ 2000ff.
Any establishment or provider of hotel, motel, room-share,
or bed-and-breakfast accommodations.
This Subpart, which shall also be known as the "Anti-Discrimination
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 other for-profit
and nonprofit organizations.
An accommodation, recreation, refreshment, entertainment,
or transportation facility of any kind, whether licensed or not, whose
goods, services, facilities, privileges, advantages or accommodations
are extended, offered, sold, solicited, or otherwise made available
to the general public, including loans, 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.
Any eating and drinking establishment, including, but not
limited to, restaurants, bars, nightclubs, food trucks, diners, lunch
stands, bakeries, coffee shops, snack shops, wineries, and breweries.
Actual or perceived homosexuality, heterosexuality, and/or
bisexuality.
Any private provider of transportation services, including,
but not limited to, taxicabs, taxi companies, pedicabs, carriages,
bicycle vendors, or ride-sharing services.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
2.
To the extent words and phrases appearing in this Subpart are not
expressly defined herein, the meaning of this Subpart shall be construed
consistently with the Pennsylvania Human Relations Act.
[Ord. 1027, 5/2/2017]
1.
Discrimination in housing, employment, public accommodations, or
access to educational institutions is prohibited under this Subpart.
2.
Advertisements or signs indicating that a business discriminates
based on characteristics protected under this Subpart are prohibited
under this Subpart.
3.
Prohibiting a transgender person from using the restroom, locker
room, or changing facility consistent with the gender identified or
expressed by that person is prohibited under this Subpart. Note that
this Subpart does not require the elimination of separate men's and
women's facilities and does not require a business to provide new
or special restroom facilities. A business may object to a nontransgender
person seeking to use a restroom or changing facility for a false
reason, may require persons who do not have the protected characteristics
of gender identity or gender expression to use the appropriate restroom
or changing facility, and may file a trespassing complaint with the
police if the person does not comply; such enforcement is not deemed
to be discrimination under this Subpart. Pennsylvania indecent exposure
laws remain valid in all restrooms and changing facilities within
the Borough.
4.
Retaliation against any individual because such individual has opposed
any practice forbidden by this Subpart, or because such individual
has made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing under this Subpart is prohibited under this
Subpart.
5.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this Subpart to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
Subpart is prohibited under this Subpart.
[Ord. 1027, 5/2/2017]
Notwithstanding any other provision of this Subpart, exceptions
shall be granted to the following:
1.
To a private 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.
2.
To a private religious educational institution or private educational
institution operated, supervised, or controlled by a religious institution
or organization which gives preference to applicants of the same religion.
3.
With respect to age only, to the sale, rental or lease of housing
accommodations meeting the requirements of federal, state or local
housing programs for senior citizens, or accommodations otherwise
intended, advertised, designed or operated, bona fide, for the purpose
of providing housing accommodations for persons 50 years of age or
older.
4.
With respect to gender only, to a private educational institution
which now or hereafter provides an education to only persons of one
gender.
5.
To any action regulated by a governmental entity or agency where
a person's qualification is expressly limited by statute, charter,
ordinance or policy as otherwise provided by law.
[Ord. 1027, 5/2/2017]
1.
Pursuant to 43 P.S. § 962.1 of the Pennsylvania Human Relations
Act, there is hereby established a Human Relations Commission in and
for Stroudsburg Borough (hereinafter referred to as the "Stroudsburg
Human Relations Commission" or the "Commission").
2.
The Stroudsburg Human Relations Commission shall consist of no fewer
than five and no more than seven members, who shall serve overlapping
terms of three years each. At all times there shall be an odd number
of members. All members of the Commission shall be appointed by the
Borough Council. The Commission may elect up to three nonvoting, ex
officio members to broaden the diversity that serves on the Commission.
Members shall be residents of the Borough or individuals who work
full-time within Stroudsburg Borough. No voting member of the Stroudsburg
Human Relations Commission shall hold any office in any political
party. Members of the Stroudsburg 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. Paid staff may
be hired, as approved by the Borough Council, to assist in the performance
of the duties of the Commission.
3.
One of the Commission's members shall be appointed as the Chairperson
of the Commission by the Borough Council. The Chairperson will be
responsible for setting Commission meetings, coordinating with Stroudsburg
Borough 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.
4.
The Borough Council hereby grants to the Human Relations Commission
all of the powers necessary to the execution of its duties (as set
forth below), provided that those powers shall not exceed those exercised
by the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
[Ord. 1027, 5/2/2017]
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
Subpart, 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 or property involved; and
(5)
Such other information as may be required by the Borough.
B.
Complaints may be filed in person at the Borough office or by mailing
such complaints to the Borough office or to the Chairperson of the
Human Relations Commission. All complaints must be received by the
Borough office or by the Human Relations Commission within 180 days
of the alleged act of discrimination to be considered timely.
C.
The Borough office shall convey all original complaints received
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 Human Relations
Commission shall:
(1)
Send a copy of the complaint to the person(s) charged with a
discriminatory practice [the "respondent(s)"]; and
(2)
Send a notice to the person(s) aggrieved, informing them that
the complaint has been received. If the complaint alleges discrimination
on a basis prescribed under federal or state law, the notice sent
to the person(s) aggrieved shall also inform them of the 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 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 office, it shall be conveyed by the Borough
to the Chairperson of the Human Relations Commission within 10 days
of the Borough office's receipt thereof. The Commission shall promptly
send a copy of the answer to the person(s) aggrieved.
3.
Fact-Finding Conference.
A.
After the answer has been received, the Commission shall, within
60 days, invite the parties to voluntarily participate in a fact-finding
conference concerning the dispute. The parties shall respond to the
invitation to participate in a fact-finding conference within 30 days
of being invited to participate.
B.
If the parties agree to participate in a fact-finding conference, the parties shall meet with a Commission member at a location mutually agreeable to the parties within 30 days of the agreement to participate. Each party will be invited at the fact-finding conference to present evidence and documents relevant to the complaint. The fact-finding conference will not be a public event, and no record of the conference will be created, excepting the findings of fact detailed in Subsection 3C.
C.
The parties shall notify the Commission of whether the fact-finding
conference resulted in a resolution of the complaint. In the event
the complaint is resolved, the Commission shall notify the parties
that the complaint has been dismissed. In the event the complaint
is not resolved through the fact-finding conference, then the Commissioner,
within 30 days, shall prepare findings of fact and a conclusion as
to whether the Commissioner finds probable cause that an unlawful
practice has occurred.
4.
Disposition of the Complaint. Provided the Commission has not elected under Subsection 5 of this section to use expanded procedures, and if the complaint is not resolved through the fact-finding conference, the Commission shall, at the second Commission meeting following the fact-finding conference, consider the findings prepared by the Commissioner who conducted the fact-finding conference. The Commission shall accept or reject the findings by public vote. The Commission shall provide the parties with the findings of fact and conclusion and shall notify the parties of the outcome of the vote, and 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. The Commission shall have the authority to elect to adopt expanded procedures as set forth in Subsections 6 through 13 of this section, subject to approval by the Borough Council and appropriation of funding for such procedures. 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 a fact-finding conference. If the Commission has adopted expanded procedures, it may also, by majority vote and in its sole discretion, eliminate such procedures.
6.
Expanded Procedures: Dismissal or Nondismissal of the Complaint. If the fact-finding conference was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection 3C of this section for dismissing the complaint. If the fact-finding conference 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 13 of this section.
7.
Expanded Procedures: Investigation. The Commission shall, in a timely
fashion, 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, or to give sworn
testimony, as necessary to assist in its investigation.
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 he/she has 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, conference, or conciliation,
the Commission shall cause to be issued and served a written notice,
together with a copy of the complaint, which informs the respondent
that the respondent 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 pro bono counsel, by Commission
staff or by the Borough Solicitor. 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.
11.
Expanded Procedures: 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 discriminatory practice as defined in this Subpart,
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 the Pennsylvania
Human Relations Act.
12.
Expanded Procedures: Finding of No Discrimination. If, upon all the
evidence, the Commission shall find that a respondent has not engaged
in any unlawful discriminatory practice, 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.
13.
The determination as to whether a business does or does not provide
a place of public accommodation is made on a case-by-case basis by
the Human Relations Commission in reviewing a complaint.
[Ord. 1027, 5/2/2017]
1.
Any person(s) aggrieved by a violation of this Subpart shall have
a right of action in the Monroe County Court of Common Pleas or any
other court of competent jurisdiction and may recover for each violation
the following remedies:
A.
Back pay, front pay and other actual damages, as those remedies are
defined in the Pennsylvania Human Relations Act and case law interpreting
the same;
B.
Emotional distress damages;
C.
Exemplary damages;
D.
Reasonable attorneys' fees and court costs; and
E.
Such other relief, including injunctive relief, as the court may
deem appropriate.
2.
The right of action created by this Subpart 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 one year 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 Subpart must be brought by the aggrieved person
within one year from the date of receipt of said notice or it will
be barred. Equitable principles such as waiver, estoppel and equitable
tolling shall apply to the time limitations for the filing of any
complaint or other pleading under this Subpart.
3.
Nothing in this Subpart limits the right of an aggrieved person to
recover under any other applicable law or legal theory.
