[HISTORY: Adopted by the Borough Council of New Britain Borough 2-12-2019 by Ord. No. 394. Amendments noted where applicable.]
This chapter shall be known as the "New Britain Borough Human
Relations Ordinance."
A.
The Borough of New Britain finds that it is of high public importance
to adopt appropriate legislation to insure that all persons, regardless
of upon actual or perceived ethnicity, race, color, ancestry, religion,
national origin, gender, gender identity or expression, marital and
familial status, age, sexual orientation, mental or physical disability,
use, handling, or training of guide or support animals, use of mechanical
aids, and/or source of income 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 New Britain 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 ethnicity,
race, color, ancestry, religion, national origin, gender, gender identity
or expression, marital and familial status, age, sexual orientation,
mental or physical disability, use, handling, or training of guide
or support animals, use of mechanical aids, and/or source of income
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 New Britain shall be guaranteed fair and
equal treatment under law.
D.
This chapter shall be deemed an exercise of the police power of the
Borough of New Britain, as provided under the Pennsylvania Borough
Code, for the protection of the public welfare, prosperity, health
and peace of the community of New Britain Borough.
The following words and phrases, when appearing in this chapter,
shall have the meanings given to them under this section. Any terms
of this chapter not expressly defined herein shall be construed in
a manner consistent with the Pennsylvania Human Relations Act.[1]
The Borough of New Britain, Bucks County, Pennsylvania.
The elected Borough Council of the Borough of New Britain,
Bucks County, Pennsylvania.
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he is qualified.
The treatment or consideration, or making a distinction in
favor of or against, a person based on the group, class, or category
to which that person belongs rather than on individual merit. For
purposes of this chapter, "discrimination" shall specifically include
any discriminatory act(s) taken by any person, agency, employer, employment
agency, labor organization, or public accommodation on the basis of
actual or perceived ethnicity, race, color, ancestry, religion, national
origin, gender, gender identity or expression, marital and familial
status, age, sexual orientation, mental or physical disability, use,
handling, or training of guide or support animals, use of mechanical
aids, and/or source of income, or any other group, class or category
which is recognized under federal or state law, including the Pennsylvania
Human Relations Act,[2] as entitled to protection under this chapter.
All acts defined in the Pennsylvania Human Relations Act[3] as unlawful discriminatory practices in education, housing,
employment and public accommodations, extending the protections afforded
under the Act to all persons protected by this chapter.
Does not include any individuals who, as a part of their
employment, resides in the personal residence of the employer.
The term "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 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.
This chapter, which shall be referred to as the "New Britain
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, or is listed in § 4(1)
of the Pennsylvania Human Relations Act, 43 P.S. § 954(1),
but shall not include any accommodations which are in their nature
distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
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.
A.
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 New Britain, which shall be known as the "New Britain Borough Human
Relations Commission."
B.
The New Britain Borough Human Relations 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 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 Borough of New Britain and shall serve without
compensation.
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 Borough
Council regarding the activities of the Commission.
D.
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.
E.
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 New Britain Borough Human Relations Commission under this chapter,
as well as the terms, conditions and provisions of the Pennsylvania
Human Relations Act,[1] 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.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
F.
The New Britain Borough 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.[2]
[2]
Editor's Note: See 43 P.S. § 951 et seq.
G.
The New Britain Human Relations Commission shall be charged with
the duty to provide public education, promote diversity and inclusion
within the Borough, to act as a liaison to community groups and civic
organizations and to serve, generally, as a community resource regarding
diversity, antidiscrimination, and equality of opportunity in all
aspects of the common welfare of the Borough.
H.
The New Britain Borough Human Relations 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 New Britain Borough 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 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) of § 27-7 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; 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 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
Bucks County, the Bucks 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.
(2)
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.
(3)
In the event the complaint has not been resolved through mediation,
the parties are entitled to proceed to the Court of Common Pleas in
Bucks 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 § 27-4 of this chapter may be subject by the Bucks County Court of Common Pleas or any Court of competent jurisdiction to the penalties enumerated in § 9(f)(1) and (2), 9.2, 9.3, 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 all classes identified and protected herein.
C.
All penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in the New
Britain Borough Human Relations Ordinance.
