To the extent
words and phrases appearing in this chapter are not expressly defined
herein, the meanings of the words and phrases in this chapter shall
be construed consistently with the Pennsylvania Human Relations Act. The following words and phrases, when used in this chapter,
shall have the following meanings:
CHAPTER
This chapter, which shall also be known as the "Antidiscrimination
Ordinance."
DISCRIMINATION
Any discriminatory act(s) taken by any person, employer,
employment agency, labor organization or public accommodation on the
basis of actual or perceived sexual orientation, gender identity or
expression.
DISCRIMINATORY ACTS
All acts defined in the Pennsylvania Human Relations Act,
Title VII of the Civil Rights Act of 1991, the Age Discrimination
in Employment Act and/or any other federal law addressing discrimination
based on any protected characteristic protected by this chapter, or
any acts of discrimination regardless of whether such actions would
otherwise be lawful under state or federal law. The fact that the
Pennsylvania Human Relations Act would not define a practice as unlawful
when that practice is taken on the basis of actual or perceived sexual
orientation, gender identity or expression, genetic information, veteran
status, or marital status shall not exempt such practice from being
considered a discriminatory act under this chapter.
EMPLOYEE
A person who is hired for a wage, salary, fee, or payment
to perform work for an employer on a regular basis. A person will
be deemed to be an employee if such person regularly performs services
for the employer for compensation and the employer controls what work
will be done by the person and how it will be done. An 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 one or more employees, including the
Township, its departments, boards and commissions, and any other government
agency within its jurisdiction.
GENDER IDENTITY OR EXPRESSION
Self-perception, or perception by others, as male or female,
and shall include an individual'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, and shall
include, but is not limited to, persons who are undergoing or have
completed sex reassignment.
GENETIC INFORMATION
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.
§ 2000ff.
HOUSING ACCOMMODATION
(1)
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.
(2)
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.