The following words and phrases, when used in this Subpart, shall
have the meanings given to them in this subsection:
BOROUGH
The Borough of Stroudsburg, County of Monroe, Commonwealth
of Pennsylvania.
BUSINESS
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.
DISCRIMINATION
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.
DISCRIMINATORY ACTS
All acts defined in the Pennsylvania Human Relations Act 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.
EDUCATIONAL INSTITUTION
Those postsecondary programs defined as educational institutions
pursuant to the Pennsylvania Fair Educational Opportunities Act, 24
P.S. § 5001 et seq.
EMPLOYEE
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
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.
ENTERTAINMENT AND RECREATION
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.
GENDER IDENTITY OR EXPRESSION
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.
GENETIC INFORMATION
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.A.
§ 2000ff.
LODGING
Any establishment or provider of hotel, motel, room-share,
or bed-and-breakfast accommodations.
ORDINANCE
This Subpart, which shall also be known as the "Anti-Discrimination
Ordinance."
PERSON
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.
PUBLIC ACCOMMODATION
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.
REFRESHMENTS
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.
SEXUAL ORIENTATION
Actual or perceived homosexuality, heterosexuality, and/or
bisexuality.
TRANSPORTATION FACILITY
Any private provider of transportation services, including,
but not limited to, taxicabs, taxi companies, pedicabs, carriages,
bicycle vendors, or ride-sharing services.