[HISTORY: Adopted by the Council of the Borough of Lansdale 8-15-2018 by Ord. No. 2018-1917.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
43 but was renumbered to maintain the organization of the Code.
This chapter shall be known as the "Lansdale Borough Human Relations
Ordinance."
A.
The Borough of Lansdale finds that it is of high public importance
to adopt appropriate legislation to insure that all persons, regardless
of actual or perceived race, color, age, religious creed, ancestry,
sex, national origin, handicap, use of guide or support animals because
of blindness, deafness or physical handicap of the user or 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 and public
accommodation.
B.
The Borough Council of the Borough of Lansdale 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, age, 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
effecting employment, housing and commercial property and public accommodation,
and to safeguard the right of all persons to remain free of discrimination
or discriminatory practices in any of the foregoing aspects of their
lives.
C.
Nothing in this chapter 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
chapter that all persons be treated fairly and equally, and that all
persons in the Borough of Lansdale shall be guaranteed fair and equal
treatment under law.
A.
BOROUGH
BOROUGH COUNCIL
COMMERCIAL PROPERTY OR HOUSING
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYEE
EMPLOYER
EMPLOYMENT
GENDER IDENTITY OR EXPRESSION
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases, when appearing in this chapter,
shall have the meanings given to them under this section:
The Borough of Lansdale, Montgomery County, Pennsylvania.
The elected Borough Council of the Borough of Lansdale, Montgomery
County.
The opportunity for an individual to obtain any commercial
property or housing accommodation for which the individual is qualified.
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,
publicly offered commercial property, or housing accommodations on
the basis of a person's actual or perceived race, color, age, 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 as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property, or housing
accommodations on the basis of a person's actual or perceived race,
color, age, 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, though not set forth in
the Pennsylvania Human Relations Act,[1] because of an individual's sexual orientation, gender
identity or gender expression.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Includes the Borough, its departments, boards, and commissions,
and any other governmental agency or school district thereof, and
any person employing four or more persons within the Borough, but
except as hereinafter provided, does not include religious fraternal,
charitable or sectarian corporations or associations, except such
corporations or associations supported, in whole or in part, by governmental
appropriations.
The opportunity for an individual to obtain employment for
which the individual is qualified.
Self-perception, or perception by others, as male or female,
including an individual's appearance, behavior, or physical characteristics,
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or assigned sex at birth, and shall include, but
is not limited to, persons who are undergoing or who have completed
sex reassignment, are transgender or gender variant.
This chapter, which shall be referred to as the "Lansdale
Borough 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 organization.
The opportunity for an individual to access 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.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
B.
Any terms of this chapter 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 chapter.
B.
Retaliation against any individual because such person has opposed
any practice forbidden by this chapter, or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this chapter is prohibited under this chapter.
C.
Aiding, abetting, inciting, compelling, or coercing the doing of
any act declared by this chapter to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
chapter is prohibited under this chapter.
Nothing in this chapter shall bar any religious or denominational
institution or organization or any charitable or educational organization
which is operated, supervised or controlled by or in connection with
any religious organization or any bona fide private or fraternal organization
from giving preference to persons of the same religion or denomination
or to members of such private or fraternal organization from making
such selection as is calculated by such organization to promote the
religious principles or the aims, purposes or fraternal principles
for which it is established or maintained. Nor shall it apply to rental
of rooms in a landlord-occupied rooming house with a common entrance,
nor with respect to discrimination based on sex, the advertising,
the rental or leasing of housing accommodations in a single-sex dormitory
or rooms in one's personal residence in which common living areas
are shared.
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 Lansdale, which shall be known as the "Lansdale Borough Human Relations
Commission" (the "Commission").
A.
The Commission shall consist of five members, who shall be appointed
to terms of three years by Borough Council. The terms of the members
of the Commission shall be staggered, such that the terms of no more
than two members of the Commission shall expire each year. All members
of the Commission shall be residents or business owners of the Borough
of Lansdale and shall serve without compensation. The initial terms
of the members of the Commission shall be: two members: three years;
two members: two years; one member: one year.
B.
The Chairperson of the Commission will designate one member as needed
to receive complaints and conduct an intake meeting with the complainant.
The member charged with this duty shall not participate in any mediations
involving parties to the complaint for which they handled the intake.
C.
The 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 chapter. The Chairperson shall also report,
from time to time, to the President of Borough Council regarding the
activities of the Commission.
D.
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 Commission under this chapter, as well as the terms, conditions
and provisions of the Pennsylvania Human Relations Act, and the operation
of the Pennsylvania Human Relations Commission. Such training and
education shall be as directed by the Chairperson and shall be performed
in conjunction with the state Human Relations Commission.
E.
The Commission shall have all of those powers necessary to execute
the duties set forth under this chapter, provided that such powers
shall not exceed those exercised by the Pennsylvania Human Relations
Commission under the Pennsylvania Human Relations Act.
F.
The Commission shall operate within the scope of funds which may
be allocated, on an annual basis by Borough Council and shall not
exceed the annual allocation in any year, except upon prior approval
by Borough Council. In adopting this chapter, Borough Council hereby
expresses its intention that the operation of the Commission under
this chapter shall be supported by volunteers, unpaid staff, and volunteer
efforts and shall be as close to "zero-cost" to the Borough as reasonably
feasible.
A.
Complaints. Any person claiming to be aggrieved by a practice which is made unlawful under this chapter may make, sign, and file a verified complaint, as provided under Subsection B(1), alleging violations of this chapter. Such complaint shall, at a minimum, contain the following information:
(1)
The name, telephone number, mailing address and email (if applicable)
of the aggrieved person(s);
(2)
The name, telephone number, mailing address and email (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.
Procedure.
(1)
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.
(2)
The Borough Manager shall transmit all complaints received to the
Chairperson of the Commission not later than 10 days of 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.
(3)
The Commission may promulgate forms for use by persons wishing to file a complaint, however, complaints which are prepared without the use of an approved form shall be deemed acceptable under this chapter so long as the facts set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.
(4)
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 chapter,
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.
C.
Notifications and answer. Within 30 days of 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 chapter (the "respondent"), together with
a copy of this chapter.
(2)
Send a notice to the complainant, informing them that the complaint
has been accepted and processed by the Commission. If the complaint
alleges discrimination on a basis proscribed under federal or state
law, the notice shall also inform the complainant of their 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)
The Commission shall also 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.
(5)
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.
D.
Procedure following notification and answer. 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:
(1)
In the event that both parties have consented to mediation then the
Commission shall refer the matter to a recognized alternative dispute
resolution service, which same service may be provided through Montgomery
County, the Montgomery 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 which
may be associated with the mediation shall be the responsibility of
the parties. The parties shall jointly select the mediator; however,
the Commission shall retain the authority to act as the mediator in
the event 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.
(a)
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.
(b)
In the event the complaint has not been resolved through mediation
the parties are entitled to proceed to the Court of Common Pleas in
Montgomery County and/or the Pennsylvania Human Relations Commission
if appropriate.
Nothing contained in this chapter shall be deemed to limit the
right of an aggrieved person to recover under any other applicable
law or legal theory.
This chapter shall not apply to matters which are the subject
of pending or prior filings made by an aggrieved person before any
state or federal court or agency of competent jurisdiction.
A.
Any person who shall violate any provision of § 225-4 of this chapter may be subject by the Montgomery County Court of Common Pleas or any court of competent jurisdiction to the penalties enumerated in Section 9(f)(1 and 2), Sections 9.2, 9.3, and Sections 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this chapter shall mirror any
future changes to the Pennsylvania Human Relations Act as adopted
by the General Assembly and approved by the Governor.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
The terms, conditions and provisions of this chapter are hereby
declared to be severable, and, should any portion, part, or provision
of this chapter be found by a court of competent jurisdiction to be
invalid, unenforceable or unconstitutional, Borough Council hereby
declares its intent that the chapter shall have been enacted without
regard to the invalid, unenforceable, or unconstitutional portion,
part, or provision of this chapter.
Any and all other ordinances or parts of ordinances in conflict
with the terms, conditions and provisions of this chapter are hereby
repealed to the extent of such irreconcilable conflict.
This chapter shall be effective 90 days after its legal enactment.
