[HISTORY: Adopted by the Borough Council
of the Borough of Norristown 4-6-1982 as Ch. 131 of the 1981 Code; amended in its entirety 7-3-2018 by Ord. No. 18-02[1]. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Housing Code Review Committee — See Ch. 33.
Human Relations Commission — See Ch. 37.
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Housing Discrimination" to "Discrimination."
A.
The Municipality of Norristown 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 Council of the Municipality of Norristown hereby declares it
to be the public policy of the Municipality 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 Municipality of Norristown shall be guaranteed fair
and equal treatment under law.
D.
This chapter shall be deemed an exercise of the police power of the
Municipality of Norristown, as provided or permitted by law, for the
protection of the public welfare, prosperity, health and peace of
the community of Municipality of Morristown.
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,[1] and such words, if not therein defined, shall be construed
consistently with the Pennsylvania Human Relations Act.
This chapter, which shall also be referred to as the "Norristown
Human Relations Ordinance."
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he is qualified.
The Council of the Municipality of Norristown, Pennsylvania.
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,
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 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, 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.
The term "employer" includes the Municipality, its departments,
boards and commissions, and any other governmental agency or school
district thereof and any person employing four or more persons within
the Municipality, 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 he 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.
The Municipality of Norristown, Montgomery County, Pennsylvania.
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Municipality, 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.
A.
Discrimination in employment, housing, publicly offered commercial
property transactions, or public accommodations 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 Municipality
of Norristown, which shall be known as the "Norristown Human Relations
Commission."
A.
The Norristown Human Relations Commission shall consist of five members,
who shall be appointed to terms of three years by the Board. The terms
of the members of the Commission shall be staggered, such that the
terms of 1/3 of the members of the Commission shall expire each year.
All members of the Commission shall be residents or business owners
of the Municipality of Norristown and shall serve without compensation.
B.
The Chairperson of the Commission will designate one member as needed
to receive the complaint and conduct an intake meeting with the complainants.
The member charged with this duty shall not participate in any mediations
involving parties to the complaint for which they handled the intake
nor shall this member vote on complaints brought in front of the Commission.
C.
The Human Relations 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 the 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 Norristown Human Relations 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 Norristown Human Relations 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.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
F.
The Norristown Human Relations Commission shall operate within the
scope of funds which may be allocated, on an annual basis, by the
Board and shall not exceed the annual allocation in any year, except
upon prior approval by the Board. In adopting this chapter, the Board
hereby expresses its intention that the operation of the Norristown
Human Relations Commission under this chapter shall be supported by
volunteers, unpaid staff, and volunteer efforts and shall be as close
to "zero-cost" to the Municipality 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 § 188-7B(1) of this chapter, 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; and
(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 Municipal
Administrator, or by mailing such complaints to the Municipality offices,
to the attention of the Municipal Administrator or the member of the
Commission designated to handle intake. All such complaints must be
received by the Municipality 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 Municipal Administrator shall transmit all complaints received
to the Chairperson of the Commission not later than 10 days of receipt
of the complaint. The Municipal Administrator shall conspicuously
mark the face of the complaint with the date the document was first
received in the Municipality 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, and the availability
of the Pennsylvania Human Relations Commission as an additional venue
within which the prospective complainant may seek redress when possible.
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 U.S. 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.
(1)
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:
(a)
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 County 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.
[1]
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.
[2]
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.
There is no private right of action that is created by this
chapter or money damages available to any person based on this chapter.
Notwithstanding, 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 § 188-3 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.
B.
This chapter extends the protections of the Pennsylvania Human Relations
Act to include actual or perceived sexual orientation, gender identity
or gender expression.
C.
All penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in the Norristown
Human Relations Ordinance.
