The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section. To the extent
words and phrases appearing in this chapter are not expressly defined
herein, their meanings for purposes of this chapter shall be the same
as such words are defined in the Pennsylvania Human Relations Act,
and such words, if not therein defined, shall be construed consistently
with the Pennsylvania Human Relations Act.
BOROUGH
The Borough of West Conshohocken, County of Montgomery, Commonwealth
of Pennsylvania.
DISCRIMINATION
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, public accommodations,
commercial property or housing accommodations, on the basis of a person's
actual or perceived sexual orientation, gender identity or gender
expression.
DISCRIMINATORY ACTS
All acts or actions defined in the Pennsylvania Human Relations
Act as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations, when those acts or actions are taken on the basis
of a person's actual or perceived sexual orientation, gender
identity or gender expression.
EMPLOYER
With respect to discriminatory practices, includes people,
corporations, organizations and associations employing four or more
persons within the Borough. The term "employer" excludes persons acting
in a supervisory capacity unless they are an owner of the entity employing
the complainant.
GENDER EXPRESSION
The manner in which a person's gender identity is communicated
to others, through appearance, behavior, or physical characteristics,
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or sex at birth and shall include, but is not limited
to, persons who are undergoing or have completed sex change.
GENDER IDENTITY
The gender(s), or lack thereof, a person self-identifies
as, whether or not based on biological fact.
HOUSING ACCOMMODATIONS
Includes 1) any building, structure, mobile home site or
facility, or portion thereof which is used or occupied or is intended,
arranged or designed to be used or occupied as the home residence
or sleeping place of one or more individuals, groups or families,
whether or not living independently of each other; and 2) any vacant
land publicly offered for sale or lease for the purpose of constructing
or locating thereon any such building, structure, mobile home site
or facility. The term "housing accommodation" shall not include any
personal residence offered for accommodation by the owner or lessee
thereof or by his or her broker, salesperson, agent or employee.
PERSON
One or more individuals, partnerships, associations, organizations,
corporations, limited liability entities, legal representatives, trustees
in bankruptcy or receivers, including but not limited to any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, lending institution and the Commonwealth of
Pennsylvania and all political subdivisions, authorities, boards and
commissions.
PUBLIC ACCOMMODATION
Any accommodation for the provision of food, beverages or
lodging, resort or amusement which is open to, accepts or solicits
the patronage of the general public, but shall not include any accommodations
which are in their nature distinctly private.
Notwithstanding any other provision of this chapter, it shall
not be an unlawful practice for a religious corporation, organization
or association, not supported in whole or in part by governmental
appropriations, to refuse to hire, employ, house or otherwise accommodate
an individual on the basis of actual or perceived sexual orientation,
gender identity or gender expression, nor shall an employer be prevented
from enforcing a dress code which is reasonably related to the business
or profession being conducted.
Having exhausted the administrative remedies set forth herein,
an aggrieved person shall have the right to pursue any rights or causes
of action at law or in equity to which such person may be entitled.