[HISTORY: Adopted by the Borough Council of the Borough of
Crafton 11-23-2020 by Ord. No.
1667. Amendments noted where applicable.]
A.
In order to assure that all persons regardless of race, color, religion,
national origin, ancestry, sex, gender identity or expression, sexual
orientation, disability, age, use of a guide or support animal because
of blindness, deafness or physical 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.
B.
Nothing in this chapter shall be construed as supporting or advocating
any particular doctrine, position, point of view, life style, 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 Borough of Crafton.
The following words, terms and phrases when use in this chapter
shall be defined as follows, unless the context clearly indicates
otherwise:
Being in compliance with the applicable standards set forth
in the following:
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.
The Equal Opportunity Board of the Borough of Crafton, Pennsylvania.
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
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.
Herein referred to as disability or handicap with respect
to a person means:
Physical or mental impairment which substantially limits one
or more of such person's major life activities;
Record of such an impairment; or
Regarded as having such an impairment, but such term does not
include current, illegal use of or addition to a controlled substance,
as defined in Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802).
For employment, disability means a non-job-related disability.
A non-job-related disability is a limitation of a major life function
which does not substantially interfere with the ability to perform
the essential functions of the employment which a person applies for,
is currently working at or has worked in the past. Uninsurability
or increased cost of insurance under a group or employee insurance
plan does not render a disability job related.
Any exclusion, denial, intimidation, coercion, difference
or segregation in treatment in hiring, referring for hire, promotion,
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 race, color, religion, national origin,
ancestry, sex, gender identity or expression, sexual orientation,
disability, familial status (in housing only), age, use of a guide
or support animal because of blindness, deafness or physical disability
of any individual or independent contractor or because of the disability
of an individual with whom the person is known to have an association
Employee does not include:
Any individuals who, as a part of their employment, reside in
the personal residence of the employer; or
Any individual employed by said individual's parents, spouse
or child;
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.
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including the Borough
of Crafton, 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 Crafton appropriations.
Any person regularly undertaking with or without compensation
to procure opportunities to work or to procure, recruit, refer or
place employees.
Public Law 90-284, 42 U.S.C. § 3601 et seq., as
amended.
One or more individuals who have not attained the age of
18 years being domiciled with:
A parent or other person having legal custody of such individual
or individuals; or
The designee of such parent or other person having such custody,
with the written permission of such parent or other person.
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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.
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Self-perception, or perception by others, as male, female
or non-binary, including a person's appearance, mannerisms, expression,
behavior, or other gender-related characteristics, that may be in
accord with, or opposed to, one's physical anatomy, chromosomal
sex, or sex assigned at birth.
A dog or miniature horse that is individually trained to
do work or perform tasks for people with disabilities.
Housing accommodations include:
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
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 that is:
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; or,
Is intended for, and solely occupied by persons 62 years of
age or older; or,
Is intended and operated for occupancy by at least one person
55 years of age or older per unit.
In determining whether housing qualifies as housing for older
persons under this chapter, the Board's requirements shall include
but not be limited to the following:
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 chapter.
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.
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.
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.
A 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 Borough
of Crafton and its departments, authorities, boards and commissions.
Public Law 744, No. 222 as amended.
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.
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 or each other and use by the
owner thereof as a bona fide residence for himself and any members
of his family forming his household.
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry, sex, gender identity
or expression, sexual orientation, disability, familial status (in
housing only), age, use of a guide or support animal because of blindness,
deafness or physical disability of any individual or independent contractor,
or because of the disability of an individual with whom the person
is known to have an association.
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 4(1), but shall not include any personal professional
services which are in their nature distinctly private.
Any of the following:
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
The purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
The selling, brokering, using as collateral or appraising of
real property.
Male or female, and includes pregnancy.
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others, whether such perception
is accurate.
It shall be unlawful employment practice, because of race, color,
religion, national origin, ancestry, sex, gender identity or expression,
sexual orientation, disability, age, use of a guide or support animal
because of blindness, deafness or physical disability of any individual
or independent contractor or because of the disability of an individual
with whom the person is known to have an association:
A.
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.
(1)
The provision of this subsection shall not apply, to operation of
the terms or conditions of any bona fide retirement or pension plan
which have the effect of a minimum service requirement, 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.
(2)
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.
B.
For any employer, employment agency, or labor organization, prior
to the employment, contracting with an independent contractor or admission
to membership, to:
(1)
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.
(2)
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.
(3)
Deny or limit, through a quota system, employment or membership because
of protected class.
(4)
Substantially confine or limit recruitment or hiring of individuals,
with intent to circumvent the spirit and purpose of this act, 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.
(5)
Deny employment because of a prior disability.
(6)
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.
(7)
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.
(8)
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 act, or because
such individual has made a charge, testified or assisted, in any manner,
in any investigation, proceeding or hearing under this act; or 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 act
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.
(9)
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.
(10)
This section 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 engage in.
(11)
Nothing in this section shall bar any institution or organization
for persons with disabilities from limiting or giving preference in
employment or membership to disabled person.
It shall be unlawful housing practice for any person to:
A.
Because of race, color, religion, national origin, ancestry, sex,
gender identity or expression, sexual orientation, disability, familial
status (in housing only), age, use of a guide or support animal because
of blindness or because the user is a handler or trainer of support
or guide animals, deafness or physical disability of any individual
or independent contractor or because of the disability of an individual
with whom the person is known to have an association:
(1)
Refuse to sell, lease, finance or otherwise to deny or withhold any
housing accommodation or commercial property because of protected
class to any person, prospective owner, occupant or user of such housing
accommodation or commercial property.
(2)
Evict or attempt to evict an occupant of any housing accommodation
before the end of the term of a lease because of pregnancy or the
birth of a child.
B.
Refuse to lend money, whether or not secured by mortgage or otherwise
for the acquisition, construction, rehabilitation, repair or maintenance
of any housing accommodation or commercial property or otherwise withhold
financing of any housing accommodation or commercial property from
any person because of protected class.
C.
Discriminate against any person in the terms or conditions of selling
or leasing any housing accommodation or commercial property or in
furnishing facilities, services or privileges in connection with the
ownership, occupancy or use of any housing accommodation or commercial
property because of protected class.
D.
Refuse to permit, at the expense of a person with a disability, reasonable
modifications of existing premises occupied or to be occupied by such
person if such modification may be necessary to afford such person
full enjoyment of the premises, except that, in the case of a rental
the landlord may, where it is reasonable to do so, grant permission
for a modification if the renter agrees to restore the interior of
the premises to the condition that existed before the modification,
with reasonable wear and tear excepted.
E.
Refuse to make reasonable accommodations in rules, policies, practices
or services when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a housing accommodation.
F.
Discriminate against any person in the terms or conditions of any
loan of money, whether or not secured by mortgage or otherwise for
the acquisition, construction, rehabilitation, repair or maintenance
of housing accommodation or commercial property because of protected
class.
G.
Print, publish, circulate or cause to be made any statement or advertisement:
relating to the sale, lease or acquisition of any housing accommodation
or commercial property or the loan of money, whether or not secured
by mortgage, or otherwise for the acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or commercial property
which indicates any preference, limitation, specification, or discrimination
based upon protected class.
H.
Make any inquiry, elicit any information, make or keep any record
or use any form of application, containing questions or entries concerning
protected class in connection with the sale or lease of any housing
accommodation or commercial property or loan of any money whether
or not secured by mortgage or otherwise for the acquisition, construction,
rehabilitation, repair or maintenance of any housing combination or
commercial property.
I.
Construct, operate, offer for sale, lease or rent or otherwise make
available housing or commercial property which is not accessible.
It shall be unlawful real estate practice to:
A.
Deny any person access to or membership or participation in any multiple
listing service, real estate brokers' organization or other service,
organization, or facility relating to the business of selling or renting
dwellings or commercial property, or to discriminate against him in
the terms or condition of such access, membership, or participation,
on account of protected class.
B.
For any person or other entity whose business includes engaging in
real estate related transactions to discriminate against any person
in making available such a transaction, or in the terms or conditions
of such a transaction, because of protected class.
C.
Induce, solicit or attempt to induce or solicit for commercial profit
any listing, sale or transaction involving any housing accommodation
or commercial property by representing that such housing accommodation
or commercial property is within any neighborhood, community or area
adjacent to any other area in which there reside, or do not reside,
persons of any particular protected class.
D.
Discourage, or attempt to discourage, the purchase or lease of any
housing accommodation or commercial property by representing that
such housing accommodation or commercial property is within any neighborhood,
community or area adjacent to any other area in which there reside,
or may in the future reside in increased or decreased numbers, persons
of any protected class.
E.
Misrepresent, steer, create or distort a circumstance, condition
or incident for the purpose of fostering the impression or belief,
on the part of any owner, occupant or prospective owner or occupant
of any housing accommodation or commercial property, that such housing
accommodation or commercial property is within any neighborhood, community
or area adjacent to any other area which would be adversely impacted
by the residence, or future increased or decreased residence, of persons
of any protected class.
F.
In any way misrepresent or otherwise misadvertise within a neighborhood
or community, whether or not in writing, that any housing accommodation
or commercial property within such neighborhood or community is available
for inspection, sale, lease, sublease or other transfer, in any context
where such misrepresentation or misadvertising would have the effect
of fostering an impression or belief that there has been or will be
an increase in real estate activity within such neighborhood or community
due to the residence, or anticipated increased or decreased residence,
of persons of any protected class.
G.
For any person to harass, threaten, intimidate, harm, damage or otherwise
penalize any person, group or business because he or they exercised
or encouraged others to exercise their rights under this chapter,
or because he or they have complied with the provisions of this chapter,
or enjoyed the benefits of this chapter, or because he or they have
made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing hereunder.
H.
For any person to aid, abet, incite, induce, compel or coerce the
doing of an unlawful practice prohibited by this chapter or to obstruct
or prevent any person from complying with the provisions of this chapter
or any order issued hereunder.
I.
For any person who with intent to mislead in any proceeding under
this Act to destroy or mutilate, falsify, alter or refuse to supply
records and documents produced pursuant to subpoena or other lawful
order under this section.
J.
Exceptions:
(1)
Nothing in this Act prohibits a person engaged in the business of
furnishing appraisals of real property to take into consideration
factors other than race, color, religious creed, ancestry, national
origin, sex, gender identity or expression, sexual orientation, age,
disability, use of a guide or support animal because of a physical
disability or because the user is a handler or trainer of guide or
support animals, or familial status.
(2)
Nothing in this Act, regarding age or familial status, shall apply
with respect to housing for older persons.
(3)
Nothing in this Act shall prohibit a religious organization, association,
or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious organization,
association, or society, from limiting the sale, rental or occupancy
of dwellings which it owns operates for other than a commercial purpose
to persons of the same religion, or from giving preference to such
persons, unless membership in such religion is restricted on account
of race, color, ancestry or national origin.
(4)
Nothing in this Act shall prohibit a private club not in fact open
to the public, which as an incident to its primary purpose or purposes
provides lodgings which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of such lodgings to
its members or from giving preference to its members.
(5)
Nothing in this Act shall apply with respect to discrimination based
on sex in the rental or leasing of housing accommodations in a single-sex
dormitory.
It shall be unlawful public accommodation practice for any person
being the owner, lessee, proprietor, manager, superintendent, agent
or employee of any public accommodation, resort or amusement because
of race, color, religion, national origin, ancestry, sex, gender identity
or expression, sexual orientation, disability, use of a guide or support
animal because of blindness or the training of such animal, deafness
or physical disability of any individual or independent contractor
or because of the disability of an individual with whom the person
is known to have an association to:
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 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.
A.
Establishment.
(1)
There is hereby established the Equal Opportunity Board of Crafton.
It shall be composed of five members, who shall be residents of Crafton
and shall be appointed by the Council of the Borough of Crafton ("Borough
Council"). Members shall serve without compensation, except for payment
of expenses. In the event the requirements of the position and/or
availability of volunteers cannot be found within Crafton then the
members need not be residents of Crafton but must be either a Crafton
taxpayer, maintain a business, be employed or go to school in Crafton.
(2)
Members shall be 18 years or older. The Borough Council shall initially
appoint a member to serve a one-year term, a two-year term, a three-year
term, a four-year term, and a five-year term. Thereafter, all terms
shall be five-year terms. The Borough Council may remove members at
any time for any reason.
B.
Powers and duties. The Board is hereby vested with the authority
to administer and enforce this chapter and to carry out the following
powers and duties:
(1)
To meet and function at any place within Crafton.
(2)
To adopt, promulgate, amend and rescind rules and regulations to
effect the policies and provisions of this chapter and to make recommendations
to the Borough Council thereof to effect such policies;
(3)
To initiate, receive, investigate and pass upon complaints charging
unlawful discriminatory practices in violation of this chapter taking
place within Crafton.
(4)
To study the problems of discrimination and foster, through community
effort or otherwise, good will among the groups and elements of the
population of Crafton.
(5)
To issue such publications and such results of investigations and
research as, in its judgment, will tend to promote good will and minimize
or eliminate discrimination.
(6)
From time to time, but not less than once a year, to report to the
Borough Council describing in detail the investigations, proceedings,
hearings and studies it has conducted and their outcome, the decisions
it has rendered and the other work performed by it, and make recommendations
for such further legislation concerning abuses and discrimination.
(7)
The exercise of any powers and duties are subject to and contingent
upon the following:
(a)
The Board must have a minimum of three active members;
(b)
The Borough Crafton will have budgeted adequate funds for the
Board to function;
(c)
The Manager will have provided adequate staff for the Board
to function;
(d)
The Board will have adopted proper procedures and regulations
as are necessary and desirable for it to function, which procedures
and regulation have been approved by the solicitor;
(e)
The powers and duties to be exercised are not the responsibility
of or have been delegated to another party such as the Pennsylvania
Human Relations Commission, through a work sharing agreement or memorandum
of understanding or otherwise, and
(f)
The Borough Council has certified to the Board that it is not
pursuing such an agreement or memorandum and, in such event, the Borough
Council will have also certified, which, if any, powers and duties
the Borough Council wish the Board to exercise.
A.
Filing a complaint. Any individual claiming to be aggrieved or showing
evidence an injury is about to occur by an unlawful discriminatory
practice, may make, sign and file with the Board a verified complaint
in writing which shall state the name and address of the person or
persons alleged to have committed the unlawful practice and the particulars
thereof. The complaint shall also contain such other information as
may be required by the Board. The Board, upon its own initiative,
may in like manner sign and file a complaint.
B.
Amendment. The complainant shall have the power reasonably and fairly
to amend any complaint.
C.
Time period for filing a complaint. Any complaint filed pursuant
to this section must be so filed within 180 days after the alleged
act of discrimination, unless otherwise required by the Fair Housing
Act.
D.
Withdrawing a complaint. Any complaint may be withdrawn at any time
by the party filing the complaint.
E.
Initial action/preliminary investigation:
(1)
After the filing of any complaint, the Board shall take one or more
of the following actions:
(a)
Referral to the Pennsylvania Human Relations Commission. Referral shall always be required if the Borough of Crafton is or may become a party. Referral shall also be required unless the conditions in § 95-2 are met.
(b)
Investigation. Investigation may be appropriate when there is
reason to believe an unlawful discriminatory practice has been committed.
The Board may make a prompt investigation. In the conduct of such
investigation the Board may issue subpoenas to any person charged
with an unlawful practice to furnish information, records or other
documents. The Board may seek enforcement of its subpoena by petition
to the Court of Common Pleas of Allegheny County.
(c)
Conciliation.
(d)
Notice of dismissal.
(e)
Hearing.
(2)
The Board shall send a copy of the complaint to the named respondent
within 30 days from the date of docketing the complaint, unless otherwise
required by the Fair Housing Act.
(3)
A respondent shall file a written, verified answer to the complaint
within 30 days of service of the complaint, unless otherwise required
by the Fair Housing Act. The Board, upon request of the respondent,
may grant an extension of not more than 30 additional days, unless
otherwise required by the Fair Housing Act.
(4)
After service of the complaint, the Board shall encourage voluntary
and informed predetermination settlements between parties.
F.
Notice of dismissal. If it shall be determined after that there is
no basis for the allegations of the complaint, the Board shall, within
10 days from such determination, cause to be issued and served upon
the complainant written notice of such determination. The notices
shall also state that the complaint will be dismissed unless within
10 days after such service the complainant or his attorney file, with
the Board, a request for a review. The Board shall, upon request for
such a review, provide the complainant and his attorney, if any, an
opportunity to appear before the Board, a member thereof or a staff
representative of the Board, at the election of the Board to present
such additional information as may be available to support the allegations
of the complaint.
G.
Conciliation. If the parties agree or the Board determines that mediation
will be useful, including when probable cause exists for the allegations
of the complaint, the Board shall immediately endeavor to schedule
a mediation to eliminate the unlawful practice complained of by persuasion,
conference and conciliation. The Board and staff shall not disclose
identities of the parties except as required by the Fair Housing Act.
Mediation may be conducted by one member of the Equal Opportunity
Board or a third party appointed by the Board.
H.
Establishment of hearing:
(1)
If the Board, in its discretion, finds it is not possible to address
or eliminate such unlawful practices by conference, conciliation and
persuasion, the Board shall cause to be issued and served a written
notice of, together with a copy of such complaint as the same may
have been amended requiring the party named in such complaint, hereinafter
referred to as respondent, to answer the charges of such complaint
at a hearing before the Board at a time and place to be specified
in such notice. The Board may appoint a hearing examiner or designate
one or more of its members to preside at such a meeting.
(2)
When notice of hearing is given as set forth in § 95-8H(1) and an election procedure is required by the Fair Housing Act, either party may elect, as an alternative to Public Hearing before the Board, to have the claims asserted in the complaint decided in a civil action brought under the original jurisdiction of Allegheny County Court of Common Pleas. The written notice of the Board shall be sent to all parties and will inform them of their right to take civil action. An election must be made within 20 days after receipt of the notice of hearing. A party making this election shall notify the Board and all other parties. If an election for civil action is made by either party, the Board shall, within 30 days from the date of election, dismiss the complaint without prejudice or may commence and maintain a civil action on behalf of the Complainant. In any action brought under this subsection:
(a)
If, after a trial, Court of Common Pleas finds that a respondent
engaged in or is engaging in any unlawful discriminatory practice
as defined in this act, the Court may award attorney's fees and
costs to the complainant on whose behalf the Board commenced the action
in addition to attorney's fees and costs incurred by the Board.
(b)
If, after a trial, Court of Common Pleas finds that a respondent
has not engaged in or is not engaging in any unlawful discriminatory
practice as defined in this act, the Court may award attorney's
fees and costs to the prevailing respondent if the respondent proves
that the complaint upon which the civil action was based was brought
in bad faith.
I.
Hearing. The case in support of the complaint shall be presented
to the Board or before a hearing examiner designated by the Board
for the purpose of hearing said complaint. The respondent may appear
at such hearing in person or otherwise, with or without counsel, and
submit testimony. The complainant may likewise appear at such hearing
in person or otherwise, with or without counsel, and submit testimony.
The Board or the complainant shall have the power reasonably and fairly
to amend any complaint, and the respondent shall have like power to
amend any answer. The Board shall not be bound by the strict rules
of evidence prevailing in courts of law or equity. The testimony taken
at the hearing shall be under oath and be transcribed.
J.
Findings:
(1)
If upon all evidence at the hearing, the Board shall find that a
respondent has engaged in or is engaging in any unlawful discriminatory
practice as defined in this act, the Board 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 affirmative action, including,
but not limited to, reimbursement of certifiable travel expenses in
matters involving the complaint, compensation for loss of work in
matters involving the complaint, hiring, reinstatement or upgrading
of employees, with or without back pay, admission or restoration to
membership in any respondent labor organization, the making of reasonable
accommodations, or selling or leasing specified housing accommodations
or commercial property upon such equal terms and conditions and with
such equal facilities, services and privileges or lending money, whether
or not secured by mortgage or otherwise for the acquisition, construction,
rehabilitation, repair or maintenance of housing accommodations or
commercial property, upon such equal terms and conditions to any person
discriminated against or all persons, any other verifiable, reasonable
out-of-pocket expenses caused by unlawful discriminatory practice,
or other compensation as provided under the Pennsylvania Human Relations
Act.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
(2)
In those cases alleging a violation of § 95-4 or 95-5 and violations of the Fair Housing Act, the Board may award actual damages including damages caused by humiliation and embarrassment as, in the judgment of the Board, will effectuate the purposes of this act, and including a requirement for report of the manner of compliance.
(b)
If upon all the evidence at the hearing, in those cases alleging a violation of § 95-4 or 95-5, the Board finds that a respondent has not engaged in or is not engaging in any unlawful discriminatory practice as defined in this act, the Board may award attorney's fees and costs to a prevailing respondent if the respondent proves that the complaint was brought in bad faith.
K.
Commonwealth license. When the respondent is a licensee of the Commonwealth
of Pennsylvania. The Board shall inform the appropriate state licensing
authority of the order with the request that the licensing authority
take such action as it deems appropriate against such licensee.
L.
Complaint dismissal. If, upon all the evidence, the Board shall find
that a respondent has not engaged in any such unlawful discriminatory
practice, the Board shall state its findings of fact, and shall issue
and cause to be served on the complainant an order dismissing the
said complaint as to such respondent.
M.
Rules and records of hearing. The Board may establish rules of practice
to govern, expedite and effectuate the foregoing procedure and its
own actions thereunder. Three or more members of the Board or a hearing
examiner designated by the Board shall constitute the Board for any
hearing required to be held by the Board under this act. The recommended
findings, conclusions and order made by said members or hearing examiner
shall be reviewed and approved or reversed by the Board before such
order may be served upon the parties to the complaint. The recommended
findings, conclusions and order made by said members or hearing examiner
shall become a part of the permanent record of the proceeding and
shall accompany any order served upon the parties to the complaint.
If any clause, sentence, paragraph or part of this act, 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 act 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 act would have been adopted
had such provisions not been included or such persons or circumstances
been expressly excluded from their coverage.
A.
Injunction. If the Board concludes, at any time following the filing
of a complaint under this chapter, that prompt judicial action is
necessary to prevent immediate and irreparable harm, the Board may
commence an action in Court of Common Pleas, and that court may grant
an appropriate preliminary or special injunction pending final disposition
of the complaint. Any such order or relief shall be granted in accordance
with Pennsylvania Rules of Civil Procedure Section 1531.
B.
Enforcement.
(1)
The complainant, or the Board may secure enforcement of the order
of the Board or other appropriate relief. When the Board 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 Board, and
issuance and service of a copy of said petition as in proceedings
in equity.
(2)
The Board's copy of the testimony shall be available at all
reasonable times to all parties for examination without cost, and
for the purpose of enforcement or judicial review of the order. Any
failure to obey an order of the court may be punishable by such court
as contempt thereof.
C.
Enforcement by private person.
(1)
In cases involving a claim of discrimination, if a complainant invokes
the procedures set forth in this act, that individual's right
of action in the courts of the Commonwealth shall not be foreclosed.
If within one year after the filing of a complaint with the Board,
the Board dismisses the complaint or for whatever reason, closes the
complainant's case, or has not entered into a conciliation agreement
to which the complainant is a party, the Board must so notify the
complainant. On receipt of such a notice the complainant shall be
able to bring an action in the Courts of Common Pleas of the Commonwealth
based on the right to freedom from discrimination granted by this
act.
(2)
An action under this subsection shall be filed within two years after
the date of notice from the Board closing the complaint. Any complaint
so filed shall be served on the Board at the time the complaint is
filed in court. The Board shall notify the complainant of this requirement.
(3)
If the court finds that the respondent has engaged in or is engaging
in an unlawful discriminatory practice charged in the complaint, the
court shall enjoin the respondent from engaging in such unlawful discriminatory
practice and order affirmative action which may include, but is not
limited to, reinstatement or hiring of employees, granting of back
pay, or any other legal or equitable relief as the court deems appropriate.
Back pay liability shall not accrue from a date more than three years
prior to the filing of a complaint charging violations of this act.
(4)
The court shall serve upon the Board any final order issued in any
action brought under this subsection.
(a)
If, after a trial held pursuant to § 95-10C, the Court of Common Pleas finds that a defendant engaged in or is engaging in any unlawful discriminatory practice as defined in this act, the court may award attorney's fees and costs as provided under the Pennsylvania Human Relations Act,[1] to the prevailing plaintiff.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
(b)
If, after a trial held pursuant to § 95-10C, the Court of Common Pleas finds that a defendant has not engaged in or is not engaging in any unlawful discriminatory practice as defined in this act, the court may award attorney's fees and costs to the prevailing defendant if the defendant proves that the complaint was brought in bad faith.
D.
Penalties. Any person who shall willfully resist, prevent, impede
or interfere with the Board, its members, agents or agencies in the
performance of duties pursuant to this act, or shall willfully violate
an order of the Board, shall be guilty of a summary offense and, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$600.
E.
Construction. The provisions of this act shall be construed liberally
for the accomplishment of the purposes thereof and any law inconsistent
with any provisions hereof shall not apply.
F.
The time limits for filing under any complaint or other pleading
under this act shall be subject to waiver, estoppel and equitable
tolling.
G.
Except as otherwise provided, any order of the Board may be reviewed
under the provisions of the Act of December 2, 1968, P.L. 1133 (53
P.S. § 11300) known as the "Local Agency Law," as amended.
H.
Where a provision of this chapter is found to be in conflict with
a provision of any other ordinance of the Borough of Crafton, or in
any regulation issued under the authority of such ordinance, the provisions
which establish the higher standard for the protection of health,
safety and welfare shall prevail.
