Township of West Vincent, PA Antidiscrimination

The term includes:

(a)

Any building, structure, mobile home site or facility, or portion thereof, which is used or occupied, or is designed to be used or occupied, as one or more residential units; and

(b)

Any vacant land publicly offered for sale or lease for the purpose of constructing or locating thereon any residential building, structure, mobile home site, or facility.

The term "housing accommodation" shall not include any personal residence offered for rent by the owner or lessee thereof, or by the owner's or lessee's broker, salesperson, agent, or employee.

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 Township, its departments, boards and commissions, and other for-profit and nonprofit organizations.

PERSONAL RESIDENCE

A residential building containing no more than two separate residential living units, with one such unit serving as the bona fide residence of the building's owner or lessee.

PUBLIC ACCOMMODATION

Any accommodation, resort or amusement which is open to, accepts or solicits the patronage of the general public or offers goods or services, including loans, to the general public or is listed in Section 4(l) of the Pennsylvania Human Relations Act, 43 P.S. § 954, Subdivision (l), but shall not include any accommodations which are in their nature distinctly private.

SEXUAL ORIENTATION

Actual or perceived homosexuality, heterosexuality, and/or bisexuality.

TOWNSHIP

The Township of West Vincent, County of Chester, Commonwealth of Pennsylvania.

[1]

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

§ 6-3 Unlawful practices.

The following are prohibited under this chapter:

Discrimination in housing, employment, commercial property, or public accommodations, excluding exceptions made under federal law, Pennsylvania law, or under this chapter.

Retaliation 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.

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.

§ 6-4 Exceptions.

Notwithstanding any other provision of this chapter, the following shall not be considered unlawful under this chapter, or shall otherwise not apply:

Employment practices for a religious corporation, organization, or association, not supported in whole or in part by governmental appropriations, in refusing to hire, house, employ, or otherwise accommodate an individual on the basis of such religious organization's established and demonstrated religious principles or beliefs.

Selections or preferences by a religious institution, denomination or organization, or any charitable or educational organization which is operated or controlled by a religious organization, given to a member of that same religious organization when determined by such organization to promote the established and demonstrated religious principles or beliefs of the organization.

Selections or preferences by any bona fide private or fraternal organization given to a member of that same private or fraternal organization when determined by such organization to promote the aims, purposes, or fraternal principles for which the organization is established or maintained.

Enforcement of a dress code or grooming which is reasonably related to the business or profession being conducted, provided that:

Such dress code or grooming is not a subterfuge for discriminatory purposes;

The employer reasonably accommodates the bona fide religious practices or disability of an employee; or

The enforcement of a dress code or grooming does not have a disparate impact on employees with the characteristics promoted by this chapter.

§ 6-5 Establishment of Human Relations Commission.

Pursuant to Section 962.1 of the Pennsylvania Human Relations Act, there is hereby established a Human Relations Commission in and for the Township of West Vincent (hereinafter referred to as the "West Vincent Human Relations Commission" or the "Commission").

The West Vincent Human Relations Commission shall consist of five members, who shall serve overlapping terms of five years each. Members of the Commission shall be appointed by the Board of Supervisors and may be removed at any time, with or without cause, by a majority vote of the Board of Supervisors. Members shall be residents of the Township. No member of the West Vincent Human Relations Commission shall hold any office in any political party. Members of the West Vincent Human Relations Commission shall serve without salary but may be paid expenses incurred in the performance of their duties as approved by the Board of Supervisors. If a vacancy shall occur by reason of the death, disqualification, resignation, or removal of a member, a successor shall be appointed by the Board of Supervisors to fill the remainder of the unexpired term.

One of the Commission's members shall be appointed as the Chairperson of the Commission by the Township Board of Supervisors. The Chairperson will be responsible for setting Commission meetings, coordinating with the Township Manager regarding received complaints and answers, and generally ensuring that the duties of the Commission are fulfilled. The Chairperson may delegate responsibility for Commission duties to specific Commissioners or to paid staff, if applicable.

The Commission shall be empowered to promulgate such additional procedures to those set forth herein as it determines to be necessary or desirable to implement the intent of this chapter, subject to review and approval of the Township Board of Supervisors.

The Commission shall keep a full record of its business and shall no less than annually make a written report of its activities, if any, to the Township Board of Supervisors. Interim reports may be made as often as may be necessary or as requested by the Board of Supervisors. In addition to written reports, and upon request of the Board of Supervisors, the Commission shall send a representative to attend a Board of Supervisors meeting in order to present on any matters so requested.

The Township Board of Supervisors hereby grants to the Township Human Relations Commission all of the powers necessary to execute its duties (as set forth below), provided that those powers shall not exceed those exercised by the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.

The Board of Supervisors shall appoint up to two alternate members to the Commission who may be called by the Commission Chairperson to assist with complaint procedures, including, but not limited to, mediation, investigation, and/or public hearings for such complaints, during the actual or anticipated absence, disqualification, or conflict of a Commission member. Alternate members shall possess the qualifications required for Commission membership. The term of office for an alternate member shall be five years. Any Commission alternate shall continue to serve on the Commission in all proceedings involving the matter for which the alternate was initially called until such time as the Commission has made a final determination of the matter. When so called by the Commission Chairperson, an alternate member shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for the Commission members, including specifically the right to cast a vote as a voting member during any proceedings.

§ 6-6 Procedures.

Filing a complaint.

Any person(s) who claims he/she or it has been aggrieved by an unlawful practice prohibited in § 6-3 of this chapter [the "complainant(s)"] may make, sign and file a verified complaint alleging violations of this chapter, which shall include the following information:

(a)

The name, address, and contact information of the aggrieved person(s);

(b)

The name, address, and known contact information of the person(s) alleged to have committed the prohibited practice;

(c)

A concise statement of the facts, including pertinent dates, locations, and persons involved in or witness to the alleged discriminatory practice;

(d)

If applicable, the address and a description of the public accommodation, dwelling, commercial property, or housing accommodation which is involved; and

(e)

Such other information as may be required by the Township.

Complaints may be filed in person at the Township Manager's office or by mailing such complaints to the Township office to the Township Manager's attention. All complaints must be received by the Township office within 180 days of the alleged act of discrimination to be considered timely.

The Township Manager shall convey all original complaints received by the Township office to the Chairperson of the Human Relations Commission within 10 days of the office's receipt of the complaint. The Township Manager shall return to the submitter any complaint deemed incomplete or not in technical compliance with this section, along with an explanation for the rejection.

(4)

The Township office 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 requirements of this section can be clearly determined from the document submitted.

Notification and answer.

Within 30 days of its receipt of a complaint, the Human Relations Commission shall send a copy of the complaint to the person(s) charged with a discriminatory practice [the "respondent(s)"] and send a notice to the complainant, informing them that their complaint has been received. If the complaint alleges discrimination on a basis proscribed under federal or Pennsylvania law, the notice sent to the person(s) aggrieved shall also inform them of their right to file with the Pennsylvania Human Relations Commission and/ or with the Federal Equal Employment Opportunity Commission.

The respondent(s) shall file a written verified answer to the complaint within 30 days of their receipt of the complaint. An answer to a complaint shall be filed in the same manner as an original complaint. The Township Manager shall convey the answer received by the Township office to the Chairperson of the Human Relations Commission within 10 days of the office's receipt of the answer. The Commission shall promptly send a copy of the answer to the complainant.

Mediation.

Mediation conference. If an answer to the complaint has been received, or 10 days following the deadline to answer the complaint if no answer was received, the Commission shall invite the parties to voluntarily participate in a mediation conference concerning the dispute. The parties shall respond to the invitation to participate in a mediation conference within 15 days of being invited to participate.

Conference procedures. If mediation is elected by the parties, the parties may jointly select a mediator, in which case they shall be jointly responsible for all financial costs and expenses associated with mediation and may allocate the costs of mediation as they agree. If the parties do not jointly select a mediator, or agree to allocation of costs pursuant to approved procedures of the Commission, the Chairperson of the Commission shall select a mediator, who may be either a member of the Commission or a volunteer from the community. The parties shall meet with mediator at a location mutually agreeable to the parties within 30 days of the agreement to participate in the mediation, unless otherwise extended by the Chairperson of the Commission. Mediation proceedings shall otherwise be confidential. Neither the results thereof nor any record made in connection therewith shall be made public unless agreed to, in writing, by both parties to the dispute.

Conciliation. The mediator shall notify the Commission of whether the mediation conference resulted in a resolution of the complaint within 10 days of the date of such resolution or, alternatively, 10 days from the date that the mediator determines that mediation will not be possible. In the event the complaint is resolved through the mediation, the Commission shall notify the parties that the complaint has been dismissed.

Dismissal of the complaint. Provided the Commission has not elected under Subsection E of this section to use expanded procedures, the Commission shall, following the mediation, promptly notify the parties that they have dismissed the complaint. If the complaint was not resolved through mediation, this notice shall also state that the complainant may pursue any available remedy under law or equity, including, but not limited to, pursuing the matter in court or pursuing any available claims under the Pennsylvania Human Relations Commission and/or the Federal Equal Employment Opportunity Commission. Failure of the complainant to respond to the Commission's inquiries in a timely manner, attend a scheduled mediation conference, or otherwise participate or cooperate with any of the Commission's proceedings or investigation shall result in a dismissal of the complaint, with notice being provided to both parties by the Commission of such dismissal and the reasons therefor.

Option of the Commission to elect for expanded procedures. Subject to the approval of the Board of Supervisors, and provided funding is available to implement such procedures, the Commission shall have the authority to elect to adopt expanded procedures, as set forth below. The Commission may obtain funding for expanded procedures from any available source, including federal or state government entities, private foundations, and other funding sources. A majority of Commission members must vote in favor of adopting expanded procedures in order for such procedures to be adopted. In the event that such procedures are adopted, they must, while in effect, be applied to all complaints that are not resolved through mediation. If the Commission has adopted expanded procedures, it may also, by majority vote and in its sole discretion, eliminate such procedures. Upon a majority of Commission members voting in favor of adopting expanded procedures, it shall be solely within the discretion of the Township Board of Supervisors to decide whether to adopt or eliminate expanded procedures, and no person shall have the right to make any claim, bring any action, or otherwise contest the Commission and/or Township decision to adopt, decline to adopt, or eliminate expanded procedures.

Expanded procedures: dismissal or nondismissal of the complaint. If mediation was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection D of this section for dismissing the complaint. If mediation was not successful in resolving the complaint, the Commission shall not dismiss the complaint but shall instead undertake the procedures set out in Subsections G through I of this section.

Expanded procedures: investigation. The Commission shall, in a timely fashion, investigate the allegations of discrimination set forth in the complaint. The Commission may, in the conduct of such investigation, issue subpoenas to any person charged with an unlawful practice to furnish information, records or other documents, as necessary to assist in its investigation.

Expanded procedures: finding of no cause. If it shall be determined after the Commission's investigation that there is no basis for the allegations of the complaint, the Commission shall cause to be issued and served upon the parties written notice of such determination. This notice shall inform the complainant that the complainant may proceed to pursue any available remedy under law or equity, including, but not limited to, pursing the matter in court or pursing any available claims under the Pennsylvania Human Relations Commission and/or the Federal Equal Employment Opportunity Commission.

Expanded procedures: conciliation. If the Commission, after investigation, determines that probable cause exists for the allegations of the complaint, the Commission shall immediately endeavor to eliminate the unlawful practice complained of by persuasion, conference, and conciliation.

Expanded procedures: public hearing.

If the Commission, in its discretion, finds it is not possible to eliminate the unlawful practices by persuasion, the Commission shall cause to be issued and served a written notice, together with a copy of the complaint, which informs the respondent that they must answer the charges of such complaint at a hearing before the Commission at a time and place to be specified in such notice.

The Commission may designate one or more of its members to preside at such a hearing, or it may, at its election, conduct such hearing en banc. Any Commission member who acted as a mediator, investigator or conciliator shall not participate in such public hearing except as a witness to present the results of the investigation.

At the public hearing, the case in support of or against the complaint shall be presented to the Commission by the respective parties or their attorneys. The complainant must appear at the hearing to provide testimony; otherwise, the complaint shall be dismissed. The Commission shall be represented by the Township Solicitor. A court reporter shall make a formal record of the proceedings. If the respondent does not appear at the hearing, the complainant shall still present testimony to substantiate the complaint. Both the complainant and the respondent may introduce the testimony of additional witnesses and may submit other relevant evidence. The Commission and the parties shall not be bound by the strict rules of evidence at the hearing, but irrelevant or unduly repetitious evidence may be excluded by the Commission in its discretion.

Expanded procedures: finding of discrimination. If, upon consideration of all of the evidence at the hearing, the Commission finds by a preponderance of the evidence that a respondent has engaged in or is engaging in any unlawful discriminatory act as defined in this chapter, the Commission shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such additional action as the Commission deems appropriate. The Commission shall have the authority to order any remedies available to the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.

Expanded procedures: finding of no discrimination. If, upon consideration of all of the evidence, the Commission finds by a preponderance of the evidence that a respondent has not engaged in any unlawful discriminatory act as defined in this chapter, the Commission shall state its findings of fact and shall issue and cause to be served on the parties an order dismissing the complaint as to such respondent. The Commission shall also provide a notice to the complainant that the complainant may proceed to pursue any available remedy under law or equity, including, but not limited to, pursing the matter in court or pursing any available claims under the Pennsylvania Human Relations Commission and/or the Federal Equal Employment Opportunity Commission. Furthermore, if, upon all the evidence at the hearing, the Commission finds that a respondent has not engaged in or is not engaging in any unlawful practice, and also finds that the complaint was brought by the complainant in bad faith, or the complainant fails to appear at the public hearing without a reasonable excuse, the Commission may award attorneys' fees and costs to the prevailing respondent and shall order the complainant to pay for the Township's attorneys' fees and public hearing costs.

Expanded procedures: appeal. Any order of the Commission may be appealed to the Court of Common Pleas of Chester County within 60 days of its date as provided by law. The Township shall retain the right to intervene in any appeal.

Expanded procedures: enforcement. When the Commission has heard and decided any complaint brought before it, enforcement of its order shall be initiated by the filing of a petition in court, together with a transcript of the record of the hearing before the Commission, and issuance and service of a copy of said petition as in proceedings in equity.

§ 6-7 Private right of action and nonlimitation of remedies.

Any person(s) aggrieved by a violation of this chapter shall have a right of action in the Chester County Court of Common Pleas or any other court of competent jurisdiction and may recover for each violation the following remedies:

Back pay, front pay and other actual damages;

Emotional distress damages;