[Amended 4-4-2002 by Ord.
No. 13964]
A. In order to assure that all persons, regardless of real or perceived
race, color, religion, national origin, ancestry, sex, gender identity,
sexual orientation, disability, marital status, familial status, source
of income, and age (except cases of public accommodation), and all
persons who are users or trainers of support or guide animals for
blindness, deafness, or physical and mental disability, enjoy the
full benefits of citizenship and are afforded equal opportunities
for employment, housing and use of public accommodation facilities,
it is necessary that appropriate legislation be enacted.
[Amended 7-15-2020 by Ord. No. 15617]
B. Nothing in this chapter shall be construed as supporting or advocating
any particular doctrine, position, point of view, lifestyle, or religious
view. To the contrary, it is the intention of this chapter that all
persons are treated fairly and equally, and it is the express intent
of this chapter to guarantee fair and equal treatment under law to
all people of the City.
The following words, terms and phrases when used in this chapter
shall be defined as follows, unless the context clearly indicates
otherwise:
ACCESSIBLE
Being in compliance with the applicable standards set forth
in the following:
[Amended 4-4-2002 by Ord.
No. 13964]
A.
The Fair Housing Act (Public Law 90-284 as amended, 42 U.S.C.
§ 3601 et seq.);
B.
Americans with Disabilities Act of 1990 (Public Law 101-336,
42 U.S.C. § 12101 et seq.);
C.
Act of September 1, 1965, P.L. 459, No. 235, as amended; "An
act requiring that certain buildings and facilities adhere to certain
principles, standards and specifications to make the same accessible
to and usable by persons with physical disabilities and providing
for enforcement."
AGE
Includes any person 40 years of age or older and shall also
include any other person so protected by further amendment to the
Federal Age Discrimination in Employment Act.
COMMERCIAL PROPERTY
A.
Any building, structure or facility, or portion thereof, which
is used, occupied or is intended, arranged or designed to be used
or occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation; and
B.
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
facility, business concern or public accommodation.
COMMISSION
The Human Relations Commission of the City of Allentown.
DISABILITY or HANDICAP
Herein referred to as "disability," with respect to a person,
means:
[Amended 4-4-2002 by Ord.
No. 13964]
A.
Physical or mental impairment which substantially limits one
or more of such person's major life activities;
B.
Record of such an impairment; or
C.
Regarded as having such an impairment, but such term does not
include current, illegal use of or addiction to a controlled substance,
as defined in Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802).
D.
For employment, disability means a job-related disability which
does not substantially interfere with the ability to perform the essential
functions of the employment which a person with a disability applies
for, is engaged in or has been engaged in. Uninsured or increased
cost of insurance under a group or employee insurance plan does not
render a disability job related.
[Amended 7-15-2020 by Ord. No. 15617]
DISCRIMINATION
[Amended 4-4-2002 by Ord.
No. 13964; 11-3-2010 by Ord. No. 14834]
A.
Any exclusion, denial, intimidation, coercion, difference or
segregation in treatment in hiring, referring for hire, promoting,
training; in membership in employee or labor organizations, in the
advertisement, sale, lease, rental, financing or zoning of housing;
or in rendering service in places of public accommodation because
of protected class based upon real or perceived race, color, religion,
national origin, ancestry, sex, gender identity, sexual orientation,
disability, marital status, familial status (in housing only), source
of income, age (except cases of public accommodation), of any individual
or independent contractor or because of the disability of an individual
with whom the person is known to have an association. This shall also
include all individuals or independent contractors who are users or
trainers of support or guide animals for blindness, deafness or physical
or mental disability.
[Amended 7-15-2020 by Ord. No. 15617]
B.
For the purpose of this chapter, an employer's granting of benefits
to married persons, as defined by the law of the Commonwealth of Pennsylvania
that are greater than those benefits granted to nonmarried persons,
shall not constitute unlawful discrimination under this chapter.
C.
It shall not be an act of unlawful discrimination based on sexual
orientation under this chapter for an employer to provide employment
benefits to same-sex partners that are not provided to nonmarried
opposite sex partners.
EMPLOYEE
Does not include:
A.
Any individuals who, as a part of their employment, reside in
the personal residence of the employer; or
B.
Any individual employed by said individual's parents, spouse
or child;
C.
Those employed by religious, fraternal, charitable or sectarian
corporations or associations in the direct provision of services of
the organization wherein membership is a bona fide occupational qualification,
except such corporations or associations supported, in whole or in
part, by government appropriations.
EMPLOYER
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including the City
of Allentown, its departments, boards, commissions and authorities,
any other governmental agency within its jurisdiction, but excluding
any religious, fraternal, charitable or sectarian organization which
is not supported in whole or part by any City appropriations.
[Amended 4-4-2002 by Ord.
No. 13964]
EMPLOYMENT AGENCY
Includes any person regularly undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer or place employees.
FAMILIAL STATUS
A.
One or more individuals who have not attained the age of 18
years being domiciled with:
(1)
A parent or other person having legal custody of such individual
or individuals; or
(2)
The designee of such parent or other person having such custody,
with the written permission of such parent or other person.
B.
The protections afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant or is
in the process of securing legal custody of any individual who has
not attained the age of 18 years.
GENDER IDENTITY
Self-perception, or perception by others, as male or female,
including a person's appearance, behavior, or physical characteristics,
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or sex assigned at birth.
[Amended 4-4-2002 by Ord.
No. 13964]
HOUSING ACCOMMODATIONS
Includes:
A.
Any building, structure, mobile home site or facility, or portion
thereof, which is used or occupied or is intended, arranged or designed
to be used or occupied as the home residence or sleeping place of
one or more individuals, groups or families, whether or not living
independently of each other; and
B.
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
mobile home site or facility. The term "housing accommodation" shall
not include any personal residence offered for rent by the owner thereof.
HOUSING FOR OLDER PERSONS
Housing:
[Amended 4-4-2002 by Ord.
No. 13964]
A.
Provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons as defined in the state or
federal program;
B.
Is intended for, and solely occupied by persons 62 years of
age or older; or
C.
Is intended and operated for occupancy by at least one person
55 years of age or older per unit.
(1)
In determining whether housing qualifies as housing for older persons under this Subsection
C, the Commission's requirements shall include but not be limited to the following:
(a)
That at least 80% of the units are occupied by at least one
person 55 years of age or older per unit; and
(b)
The publication of, and adherence to, policies and procedures
which demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older.
(2)
Housing shall not fail to meet the requirements for housing for older persons by reason of unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of this Subsection
C.
INDEPENDENT CONTRACTOR
Includes any person who is subject to the provisions governing
any of the professions and occupations regulated by state licensing
laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act
(Public Law 90-284, as amended, 42 U.S.C. § 3601 et seq.).
LABOR ORGANIZATION
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment or of other
mutual aid or protection in relation to employment.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business
of lending money or guaranteeing loans.
OWNER
Includes lessee, sublessee, assignee, manager, agent, or
any other person having the right of ownership or possession or the
authority to sell, rent or lease any housing accommodation, including
the City and its departments, authorities, boards and commissions.
PERSON
Includes one or more individuals, partnerships, associations,
organizations, corporations, legal representatives, trustees in bankruptcy
or receivers. It also includes, but is not limited to, any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, lending institution and all authorities, boards
and commissions thereof.
PERSONAL RESIDENCE
A building or structure containing living quarters occupied
or intended to be occupied by no more than two individuals, two groups
or two families living independently of each other and used by the
owner thereof as a bona fide residence for himself and any members
of his family forming his household.
PROTECTED CLASS
Any person legally protected from discrimination based upon
real or perceived race, color, religion, national origin, ancestry,
sex, gender identity, sexual orientation, disability, marital status,
familial status (in housing only), source of income, age (except cases
of public accommodation) of any individual or independent contractor,
or because of the disability of an individual with whom the person
is known to have an association. This shall also include all individuals
or independent contractors who are users or trainers of support or
guide animals for blindness, deafness or physical and mental disability.
[Amended 4-4-2002 by Ord.
No. 13964; 7-15-2020 by Ord. No. 15617]
PUBLIC ACCOMMODATION RESORT OR AMUSEMENT
Any place which is open to, accepts or solicits the patronage
of the general public or offers goods or services to the general public,
including loans, or is listed in the Pennsylvania Human Relations
Act, Section 5(i), but shall not include any accommodations which are in
their nature distinctly private, personal and confidential.
[Amended 7-15-2020 by Ord. No. 15617]
REAL ESTATE-RELATED TRANSACTION
Any of the following:
A.
The making or purchasing of loans or providing other financial
assistance for purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
B.
The purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
C.
The selling, brokering, using as collateral or appraising of
real property.
SEX
Male or female, and includes the gender of a person, as perceived,
presumed or assumed by others.
[Amended 4-4-2002 by Ord.
No. 13964]
SEXUAL ORIENTATION
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others.
[Amended 4-4-2002 by Ord.
No. 13964]
[Amended 4-4-2002 by Ord.
No. 13964]
A. It shall be an unlawful employment practice for any person or company
to engage in the following actions against any individual or independent
contractors identified as a member of a protected class:
[Amended 7-15-2020 by Ord. No. 15617]
(1) For any employer to refuse to hire or employ or contract with, or
to bar or to discharge from employment such individual or independent
contractor, or to otherwise discriminate against such individual or
independent contractor with respect to compensation, hire, tenure,
terms, conditions or privileges of employment or contract, if the
individual or independent contractor is the best able and most competent
to perform the services required.
(a)
The provision of this subsection shall not apply to:
[1] Operation of the terms or conditions of any bona fide retirement
or pension plan which have the effect of a minimum service requirement;
[2] Age limitations placed upon entry into bona fide apprenticeship programs
of two years or more approved by the State Apprenticeship and Training
Council of the Department of Labor and Industry.
(b)
Notwithstanding any provision of this section, it shall not
be an unlawful employment practice for a religious corporation or
association to hire or employ on the basis of sex in those certain
instances where sex is a bona fide occupational qualification because
of the religious beliefs, practices, or observances of the corporation,
or association.
(2) For any employer, employment agency, or labor organization, prior
to the employment, contracting with an independent contractor or admission
to membership, to:
(a)
Elicit any information or make or keep a record of or use any
form of application or application blank containing questions or entries
concerning the protected class of any applicant for employment or
membership. Prior to an offer of employment, an employer may not inquire
as to whether an individual has a disability or as to the severity
of such disability. An employer may inquire as to the individual's
ability to perform the essential functions of the employment.
(b)
Print or publish or cause to be printed or published any notice
or advertisement relating to employment or membership indicating any
preference, limitation, specification or discrimination based upon
protected class.
(c)
Deny or limit, through a quota system, employment or membership
because of protected class.
(d)
Substantially confine or limit recruitment or hiring of individuals,
with intent to circumvent the spirit and purpose of this chapter,
to any employment agency, employment service, labor organization,
training school or training center or any other employee-referring
source which services individuals who are predominantly of the same
protected class.
(e)
Deny employment because of a prior disability.
(f)
To exclude or otherwise deny equal jobs or benefits to a person
because of the disability of an individual with whom the person is
known to have a relationship or association.
(g)
For any labor organization, because of protected class, to deny
full and equal membership rights to any individual or otherwise to
discriminate against such individuals with respect to hire, tenure,
terms, conditions or privileges of employment or any other matter,
directly or indirectly, related to employment.
(h)
For any person, employer, employment agency, or labor organization,
to discriminate in any manner against any individual because such
individual has opposed any practice forbidden by this chapter, or
because such individual has made a charge, testified or assisted,
in any manner, in any investigation, proceeding or hearing under this
chapter; or for any person to aid, abet, incite, compel or coerce
the doing of any act declared by this section to be an unlawful discriminatory
practice, or to obstruct or prevent any person from complying with
the provisions of this chapter or any order issued thereunder, or
to attempt, directly or indirectly, to commit any act declared by
this section to be an unlawful discriminatory practice.
(i)
For any employment agency to fail or refuse to classify properly,
refer for employment or otherwise to discriminate against any individual
because of protected class.
(j)
Section
27-3 shall not be construed to prohibit the refusal to hire or the dismissal of a person who is not able to function properly in the job applied for or engaged in.
B. Nothing in §
27-3 shall bar any institution or organization for persons with disabilities from limiting or giving preference in employment or membership to disabled persons.
[Amended 4-4-2002 by Ord.
No. 13964; 7-15-2020 by Ord. No. 15617]
It shall be an unlawful public accommodation practice for any
person or company to engage in the following actions against any individuals
or independent contractors identified as a member of a protected class:
A. Refuse, withhold from or deny to any person because of protected
class, either directly or indirectly, any of the accommodations, advantages,
facilities, services or privileges of such place of public accommodation,
resort or amusement.
B. Publish, circulate, issue, display, post or mail, either directly
or indirectly, any written or printed communication notice or advertisement
to the effect that any of the accommodations, advantages, facilities
and privileges of any such place shall be refused, withheld or denied
to any person on account of protected class objectionable or not acceptable,
desired or solicited.
C. Obstruct any person from enjoyment of his rights under this chapter
relating to public accommodations.
D. Construct, operate or otherwise make available such place of public
accommodation, resort or amusement which is not accessible.
If any clause, sentence, paragraph or part of this chapter,
or the application thereof, to any person or circumstance, shall,
for any reason be adjudged by a court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter nor the application of such clause, sentence,
paragraph or part to other persons or circumstances, but shall be
confined in its operation to the clause, sentence, paragraph or part
thereof and to the persons or circumstances directly involved in the
controversy in which such judgment shall have been rendered. It is
hereby declared to be the legislative intent that this chapter would
have been adopted had such provisions not been included or such persons
or circumstances been expressly excluded from their coverage.