Borough of Royersford, PA Human Relations Commission

Royersford Borough finds that it is of high public importance to adopt appropriate legislation to insure that all persons, regardless of actual or perceived race, color, religious creed, ancestry, sex, national origin, age, handicap, use of guide, support or comfort animals because of blindness, deafness or physical handicap of the user, or the user is a handler or trainer of guide, support or comfort 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.

The Borough Council of Royersford Borough 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, religious creed, ancestry, sex, national origin, age, handicap or use of guide, support or comfort animals because of blindness, deafness or physical handicap of the user, or because the user is a handler or trainer of guide, support or comfort animals, or because of an individual's 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.

Nothing in this article 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 article that all persons be treated fairly and equally, and that all persons in Royersford Borough shall be guaranteed fair and equal treatment under law.

This article shall be deemed an exercise of the police power of Royersford Borough, as provided under the Pennsylvania Borough Code[1] and as set forth in the Royersford Borough Code, for the protection of the public welfare, prosperity, health and peace of the community of Royersford Borough.

[1]

Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

§ 19-24 Definitions.

The following words and phrases, when appearing in this article, shall have the meanings given to them under this section.

BOROUGH

The Borough of Royersford, Montgomery County, Commonwealth of Pennsylvania.

BOROUGH COUNCIL

The Council of the Borough of Royersford, Montgomery County.

COMMERCIAL PROPERTY OR HOUSING

The opportunity for an individual to obtain any commercial property or housing accommodation for which he/she is qualified.

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 or public accommodations, on the basis of a person's actual or perceived race, color, religious creed, ancestry, sex, national origin, age, handicap or use of guide, support or comfort animals because of blindness, deafness or physical handicap of the user or because the user is a handler or trainer of guide, support or comfort 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[1] as unlawful discriminatory practices as related to employment, public accommodations, publicly offered commercial property or housing accommodations, actual or perceived race, color, religious creed, ancestry, sex, national origin, age, handicap or use of guide, support or comfort animals because of blindness, deafness or physical handicap of the user, or because the user is a handler or trainer of guide, support or comfort animals, or 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

Any person who employs four or more employees, including the Borough, its departments, boards and commissions, and any other government agency within the jurisdiction of the Borough, save those of any government agency whose laws may be deemed preemptive of this article.

EMPLOYMENT

The opportunity for an individual to obtain employment for which he/she 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 or who are transgender or gender-variant.

GENETIC INFORMATION

That information which is defined as genetic information in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.A. § 2000ff.

ORDINANCE

This article, which shall be referred to as the "Royersford Borough Human Relations Ordinance."

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 Borough, its departments, boards and commissions, and any other for-profit and nonprofit organization.

PUBLIC ACCOMMODATION

The opportunity for an individual to access food, beverages, 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.

SEXUAL ORIENTATION

Actual or perceived homosexuality, heterosexuality and/or bisexuality.

[1]

Editor's Note: See 43 P.S. § 951 et seq.

Any terms of this article not expressly defined herein shall be construed in a manner consistent with the Pennsylvania Human Relations Act.[2]

[2]

Editor's Note: See 43 P.S. § 951 et seq.

§ 19-25 Unlawful practices.

Discrimination in employment, housing and commercial property or any public accommodation is prohibited under this article.

Retaliation against any individual because such person has opposed any practice forbidden by this article, or because such person has made a charge, testified, or assisted in any manner in any investigation or proceeding under this article, is prohibited under this article.

Aiding, abetting, inciting, compelling or coercing the doing of any act declared by this article to be an unlawful practice, or obstructing or preventing any person from complying with the provisions of this article, is prohibited under this article.

§ 19-26 Exceptions.

Notwithstanding any other provision of this article, it shall not be an unlawful practice for a religious corporation or association to commit any of the acts as defined in § 19-25 of this article.

§ 19-27 Establishment of Commission.

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 Royersford, which shall be known as the "Royersford Borough Human Relations Commission."

The Royersford Borough Human Relations Commission shall consist of four members: three regular members and one alternate member, 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 Royersford and shall serve without compensation.

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 he/she or she handled the intake, nor shall this member vote on complaints brought in front of the Commission.

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 article. The Chairperson shall also report, from time to time, to the President of Borough Council regarding the activities of the Commission.

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 Royersford Borough Human Relations Commission under this article, 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.

The Royersford Borough Human Relations Commission shall have all of those powers necessary to execute the duties set forth under this article, provided that such powers shall not exceed those exercised by the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.

The Royersford 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 article, Borough Council hereby expresses its intention that the operation of the Royersford Borough Human Relations Commission under this article shall be supported by volunteers, unpaid staff, and volunteer efforts and shall be as close to "zero-cost" to the Borough as reasonably feasible.

§ 19-28 Complaints and procedures for filing complaints.

Complaints.

(1)

Any person claiming to be aggrieved by a practice which is made unlawful under this article may make, sign and file a verified complaint, as provided under Subsection B of this section, alleging violations of this article. Such complaint shall, at a minimum, contain the following information:

(a)

The name, telephone number, mailing address and e-mail (if applicable) of the aggrieved person(s);

(b)

The name, telephone number, mailing address and e-mail (if applicable) of the person(s) alleged to have committed the prohibited practice;

(c)

A concise statement of the facts, including pertinent dates, time, locations, people, and acts involved, constituting the alleged discriminatory practice;

(d)

Such other information as may be required by the Commission.

(2)

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 90 days of the occurrence of the last act giving rise to the complaint or such complaint shall be dismissed as untimely.

(3)

The Borough Manager shall transmit all complaints received to the Chairperson of the Commission not later than 10 days from 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.

(4)

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 article so long as the facts set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.

(5)

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 article, 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.

Notifications and answer.

(1)

Within 30 days of receipt of a complaint, the Commission shall:

(a)

Send a copy of the complaint to the person(s) charged with a discriminatory act or practice under this article (the "respondent"), together with a copy of this article.

(b)

Send a notice to the complainant, informing him/her 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.

(c)

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 Human Relations Act.

(d)

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.

(2)

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.

Mediation.

(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, under Subsection B(1)(d) of this section, 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.

(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 Montgomery County.

§ 19-29 Nonlimitation of remedies.

Nothing contained in this article shall be deemed to limit the right of an aggrieved person to recover under any other applicable law or legal theory.

§ 19-30 Multiple filings.

This article shall have no jurisdiction over 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.

§ 19-31 Violations and penalties.

Any person who shall violate any provision of § 344 of this article 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), 9.2, 9.3, 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this article shall mirror any future changes to the Pennsylvania Human Relations Act as adopted by the General Assembly and approved by the Governor.

This article extends the protections of the Pennsylvania Human Relations Act to include actual or perceived sexual orientation, gender identity or gender expression.

All penalties included in the Pennsylvania Human Relations Act shall be extended to include all protected classes enumerated in the Royersford Borough Human Relations Ordinance.

[1]

Editor's Note: See, respectively, 43 P.S. §§ 959(f)(1) and (2), 959.2, 959.3, 960 and 961.