[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township 4-1-2019 by Ord.
No. 1696. Amendments noted where applicable.]
This chapter shall be known as the "Upper Moreland Township
Human Relations Ordinance."
A.
Upper Moreland Township finds that it is of high public importance
to adopt appropriate legislation to ensure 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; 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 Upper Moreland Township Board of Commissioners hereby declares
it to be the public policy of the Township 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; sexual orientation,
gender identity or gender expression in all matters affecting 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 Upper Moreland Township shall be guaranteed fair and equal
treatment under the law.
D.
This chapter shall be deemed an exercise of the police power of Upper
Moreland Township, as provided under the Pennsylvania First Class
Township Code, to maintain peace, good government and the welfare
of the Township, and to protect the health, safety, morals and general
welfare of the Township's inhabitants.
A.
BOARD OF COMMISSIONERS or BOARD
CHAPTER
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 Board of Commissioners of Upper Moreland Township, Montgomery
County, Pennsylvania.
This chapter, the "Upper Moreland Township Human Relations
Ordinance."
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he or she 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[1] 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.
The term does not include any individuals who, as a part
of their employment, reside in the personal residence of the employer.
The term includes the Township, its departments, boards and
commissions, any other governmental agency or school district thereof,
and any person employing four or more persons within the Township,
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 or she 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 Ordinance, which shall be referred to as the "Upper
Moreland Township 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 Township, 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 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 the Pennsylvania Human
Relations Act, 43 P.S. § 962.1, there is hereby established
a Human Relations Commission for Upper Moreland Township, which shall
be known as the "Upper Moreland Township Human Relations Commission."
A.
The Upper Moreland Township Human Relations Commission shall consist
of six 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 Upper Moreland Township, and shall serve without
compensation.
B.
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, such meetings
which shall occur a minimum of twice per year. The Chairperson shall
also report, from time to time, to the Township Manager regarding
the activities of the Commission.
C.
The Chairperson of the Commission will designate one member as needed
to receive complaints 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.
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 Upper Moreland Township 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 Upper Moreland Township 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 Upper Moreland Township Human Relations Commission shall operate
within the scope of funds which may be allocated, on an annual basis
by the Board of Commissioners 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 Upper Moreland Township 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 Township 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 § 16-7B(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 e-mail (if applicable)
of the aggrieved person(s);
(2)
The name, telephone number, mailing address and e-mail (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 Township Manager,
or by mailing such complaints to the Township offices, to the attention
of the Township Manager or the member of the Commission designated
to handle intake. All such complaints must be received by the Township
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 Township Manager shall transmit all complaints received to the
Chairperson of the Commission not later than 10 days of receipt of
the complaint. The Township Manager shall conspicuously mark the face
of the complaint with the date the document was first received in
the Township 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 § 16-7A 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 him or her 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 his or her 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.
(3)
The Commission shall notify the Pennsylvania Human Relations Commission
of the filing of any complaint that may be deemed to be within the
jurisdiction of that Commission, as required under the Pennsylvania
Human Relations Act.
(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)
Mediation.
(a)
In the event that both parties have consented to mediation,
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.
(b)
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.
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 § 16-4 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&2), Sections 9.2, 9.3, and Sections 10 and 11 of the Pennsylvania Human Relations Act. 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.
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 Upper
Moreland Township Human Relations Ordinance.
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, the Upper Moreland Township
Board of Commissioners 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 enactment.