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.
CHAPTER
This chapter, which shall also be referred to as the "Norristown
Human Relations Ordinance."
COMMERCIAL PROPERTY OR HOUSING
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he is qualified.
COUNCIL
The Council of the Municipality of Norristown, 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,
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.
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 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.
EMPLOYEE
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
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.
EMPLOYMENT
The opportunity for an individual to obtain employment for
which he is qualified.
GENDER IDENTITY OR EXPRESSION
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.
MUNICIPALITY
The Municipality of Norristown, Montgomery County, Pennsylvania.
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 Municipality, its departments, boards and commissions, and any
other for-profit and nonprofit organization.
PUBLIC ACCOMMODATION
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.
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.
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.
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.