[HISTORY: Adopted by the City Council of the City of Monessen 1-12-2021 by Ord. No. 14-2020. Amendments noted where applicable.]
This article may be cited as the "Monessen Human Relations Ordinance."
A.Â
In order to assure that all persons, regardless of race, color, religion,
national origin, ancestry, sex, gender identity or expression, sexual
orientation, disability, age or 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. Nothing in this article 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 article that all persons are treated fairly
and equally, and it is the express intent of this article to guarantee
fair and equal treatment under law to all people of the City of Monessen.
B.Â
The opportunity for an individual to obtain employment for which
he is qualified, and to obtain all the accommodations, advantages,
facilities and privileges of any public accommodation and of any housing
accommodation and commercial property without discrimination because
of race, color, familial status, religious creed, ancestry, disability,
age, sex, national origin, sexual orientation, the use of a guide
or support animal because of the disability of the user or because
the user is a handler or trainer of support or guide animals is hereby
recognized as and declared to be a civil right.
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
Being in compliance with the applicable standards set forth
in the following: the Fair Housing Act (Public Law 90-284, as amended,
42 U.S.C. § 3601 et seq.); the Americans with Disabilities
Act of 1990 (Public Law 101-336, 42 U.S.C. § 12101 et seq.,
as amended); the Pennsylvania Uniform Construction Code accessibility
requirements.
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.
Any person who claims to have been injured by a discriminatory
practice or believes that a discriminatory practice is about to occur.
Any building, structure or facility, or portion thereof,
which is used or 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 or lease or held for the purpose of constructing or locating
thereon any such building, structure, facility, business concern or
public accommodation.
The City of Monessen Human Relations Commission.
Herein referred to as "disability," 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 addiction 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 at 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,
or 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 or sex, gender identity or expression, sexual orientation,
disability, familial status (in housing only), age or 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 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 City
of Monessen, its departments, boards, council, commissions, and authorities,
and 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 of Monessen appropriations.
Includes 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. 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.
Self-perception, or perception by others, as male or female,
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.
Includes: Any building, structure, or 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 or lease or held for the purpose of constructing
or locating thereon any such building, structure, mobile home site
or facility. The term "housing accommodations" shall not include any
personal residence offered for rent by the owner thereof.
Housing: 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 intended for, and solely occupied by,
persons 62 years of age or older; or 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
definition, the Commission's requirements shall include but not
be limited to the following: that at least 80% of the units are occupied
by at least one person 55 years of age or older per unit; and 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. 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 definition.
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.
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.
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.
Functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working.
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 of Monessen and its departments, authorities, boards, council,
and commissions.
Public Law 744, No. 222, as amended.[1]
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,
council, 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 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.
A physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin and endocrine, or a mental
or psychological disorder, such as mental illness, and specific learning
disabilities.
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry or sex, gender identity
or expression, sexual orientation, disability, familial status (in
housing only), age or 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, or 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 or not
such perception is accurate.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.Â
It is hereby declared to be the public policy of this City to foster
the employment of all individuals in accordance with their fullest
capacities regardless of their race, color, religious creed, ancestry,
age, familial status, sex, national origin, sexual orientation, disability,
use of guide or support animals because of the disability of the user
or because the user is a handler or trainer of support or guide animals,
and to safeguard rights to obtain and hold employment without such
discrimination, to assure equal opportunities to all individuals and
to safeguard rights to public accommodation and to secure housing
accommodation and commercial property regardless of race, color, familial
status, religious creed, ancestry, age, sex, national origin, sexual
orientation, disability, use of guide or support animals because of
the disability of the user or because the user is a handler or trainer
of guide or support animals.
B.Â
This article shall be deemed an exercise of the powers granted to
the City under applicable state and federal laws for the protection
of the public welfare, prosperity, health and peace of the people
of the City of Monessen. The provisions of this article shall be construed
liberally for the accomplishment of the purposes therein.
A.Â
It shall be an unlawful discriminatory practice, unless based upon
a bona fide occupational qualification, or in the case of a fraternal
corporation or association, unless based upon membership in such association
or corporation, or except where based upon applicable security regulations
established by the United States, the Commonwealth of Pennsylvania,
or the City of Monessen, for any employer because of the race, color,
religious creed, ancestry, age, sex, national origin, sexual orientation,
or non-job-related disability or the use of a guide or support animal
because of the disability of any individual or independent contractor,
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.
B.Â
For any employer, employment agency or labor organization, prior
to the employment, contracting with an independent contractor or admission
to membership, to:
(1)Â
Make any inquiry, 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 race, color, religious creed,
ancestry, age, sex, national origin, sexual orientation, disability
or the use of guide or support animal because of the disability of
an applicant for employment or membership. Prior to an offer of employment,
an employee 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)Â
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
race, color, religious creed, ancestry, age, sex, national origin,
sexual orientation, non-job-related disability or the use of a guide
or support animal because of the disability of the user.
(3)Â
Deny or limit, through a quota system or otherwise, employment or
membership because of race, color, religious creed, ancestry, age,
sex, national origin, sexual orientation, non-job-related disability,
the use of a guide or support animal because of the disability of
the user.
(4)Â
Substantially confine or limit recruitment or hiring of individuals,
with intent to circumvent the spirit and purpose of this article,
to any employment agency, employment service, labor organization,
training school or training center or any other employee referring
source.
(5)Â
Deny employment because of, or a perception of, a prior disability.
(6)Â
Nothing above shall prevent the Commission from requiring reports,
information or answers to questions regarding race, color, religious
creed, ancestry, age, sex, disability, the use of a guide or support
animal, national origin or sexual orientation in connection with their
compliance procedure or affirmative action or educational programs.
C.Â
For any labor organization because of the race, color, religious
creed, ancestry, age, sex, national origin, sexual orientation, non-job-related
disability or the use of a guide or support animal because of the
disability of any individual to deny full and equal membership rights
to any individual or otherwise 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.
D.Â
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 article, or
because such individual has made a charge, testified or assisted,
in any manner, in any investigation, proceeding or hearing under this
article.
E.Â
For any person, employer, employment agency, labor organization or
employee, 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 article 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.
F.Â
For any employment agency to fail or refuse to classify properly,
refer for employment or otherwise to discriminate against any individual
because of his race, color, religious creed, ancestry, age, sex, national
origin, sexual orientation, non-job-related disability or the use
of a guide or support animal because of the disability of the user.
G.Â
For any individual seeking employment to publish or cause to be published
any advertisement which in any manner expresses a limitation or preference
as to the race, color, religious creed, ancestry, age, sex, national
origin, sexual orientation, non-job-related disability or the use
of a guide or support animal because of the disability of any prospective
employee.
H.Â
For any employer to discriminate against an employee or a prospective
employee because the employee only has a diploma based on passing
a general educational development test as compared to a high school
diploma. However, should vocational technical training or other special
training be required with regard to a specific position, then such
training or special training may be considered by the employer.
I.Â
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.
J.Â
It shall not be an unlawful employment practice for an employer to
express a preference for a certain kind of applicant where the position
to be filled requires special qualifications, skills or experience
as long as such preference is not on the basis of race, color, religious
creed, ancestry, age, sex, national origin or disability, the use
of a guide or support animal, or sexual orientation. Likewise, this
section of this article 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.
A.Â
It shall be an unlawful discriminatory practice for any person to:
(1)Â
Refuse to sell, lease, finance, or otherwise to deny, withhold, make
unavailable, any housing accommodation or commercial property from
any person, or establish, announce, or follow a policy of denying
or limiting housing opportunities through a quota or otherwise, because
of the race, color, familial status, age, religious creed, ancestry,
sex, national origin, sexual orientation, or disability of any person,
prospective owner, occupant or user of such housing accommodation
or commercial property, or to refuse to lease any housing accommodation
or commercial property to any person due to use of a guide animal
because of the disability of the user, use of a support animal because
of the disability of the user or because the user is a handler or
trainer of support or guide animals or because of the disability of
an individual with whom the person is known to have a relationship
or association.
(2)Â
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.
(3)Â
"Otherwise to deny" as stated above includes but is not limited to:
(a)Â
Representing to any person because of race, color, familial
status, age, religious creed, ancestry, sex, national origin, sexual
orientation, disability, or who are guide or support animal dependent,
that a dwelling is not available for sale, rental or inspection when
such dwelling is in fact available.
(b)Â
Failing to negotiate for the sale or rental of a dwelling.
(4)Â
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 the race, color, familial status, age, religious
creed, ancestry, sex, national origin, sexual orientation, disability
of any person, the use of a guide or support animal because of the
disability of the user or because the user is a handler or trainer
of support or guide animals or because of the disability of an individual
with whom the person is known to have a relationship or association.
This prohibition includes money lent for any purpose, when the loan
is secured by residential real estate.
(5)Â
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 the race, color, familial status, age, religious
creed, ancestry, sex, national origin, sexual orientation, disability
of any person, the use of a guide or support animal because of the
disability of the user or because the user is a handler or trainer
of support or guide animals or because of the disability of an individual
with whom the person is known to have a relationship or association.
(6)Â
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 modifications 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.
(7)Â
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.
(8)Â
Discriminate against any person in the terms or conditions of any
loan of money, whether or not secured by mortgage or otherwise for
the purchase, acquisition, construction, rehabilitation, repair or
maintenance of any housing accommodation or commercial property because
of the race, color, familial status, age, religious creed, ancestry,
sex, national origin, sexual orientation, or disability of any person,
the use of a guide or support animal because of the disability of
the user or because the user is a handler or trainer of guide or support
animals or because of the disability of an individual with whom the
person is known to have a relationship or association.
(9)Â
Print, publish, make, or circulate any statement, publication, notice,
or advertisement:
(a)Â
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 race, color, familial status, age, religious creed, ancestry,
sex, national origin, sexual orientation, disability or because of
the disability of an individual with whom the person is known to have
a relationship or association; or
(b)Â
Relating to the sale, lease or acquisition of any housing accommodation
or commercial property which indicates any preference, limitation,
specification or discrimination based upon use of a guide or support
animal because of the disability of the user or because the user is
a handler or trainer of support or guide animals.
(10)Â
Make any inquiry, elicit any information, make or keep any record
or use any form of application for the purchase, rental or lease of
housing accommodations or to make real estate appraisals, containing
questions or entries concerning race, color, familial status, age,
religious creed, ancestry, sex, national origin, sexual orientation,
disability or because of the disability of an individual with whom
the person is known to have a relationship or association 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 accommodation or commercial property,
or to make any inquiry, elicit any information, make or keep any record
or use any form of application containing questions or entries concerning
the use of a guide or support animal because of the disability of
the user or because the user is a handler or trainer of support or
guide animals, in connection with the lease of any housing accommodation
or commercial property.
(11)Â
Discriminate in the making or purchasing of loans or in the
appraising or brokering of residential real estate. Discrimination
in brokering includes, but is not limited to, denying access to or
membership in any multiple listing service or facility relating to
the sale or rental of dwellings based on race, color, familial status,
age, religious creed, ancestry, sex, national origin, sexual orientation,
disability, or because of the disability of an individual with whom
the person is known to have a relationship or association, or based
upon use of a guide or support animal or because the person is a handler
or trainer of guide or support animals.
(12)Â
Construct, operate, offer for sale, lease or rent or otherwise
make available housing or commercial property, which is not accessible
in accordance with federal law. This provision includes design and
construction requirements as required under § 804(f)(3)(C)
of the Fair Housing Amendments Act of 1988.
(13)Â
Discriminate in real-estate-related transactions, as described
by and subject to the following:
(a)Â
It shall be unlawful 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 race, color,
religious creed, ancestry, national origin, sexual orientation, sex,
age, disability, use of a guide or support animal because of the disability
of the user or because the user is a handler or trainer of guide or
support animals or familial status.
(b)Â
It shall be unlawful for any real estate broker or real estate
sales person or agent, or any other person for business or economic
or other purposes to induce, directly or indirectly, or to attempt
to induce, directly or indirectly, the sale or rental or the listing
for sale or rental, of a housing accommodation by representing that
a change has occurred or will or may occur with respect to the racial,
age, religious, ethnicity, gender, disability, the use of a guide
or support animal, familial status or sexual orientation, composition
of the street, block, neighborhood or area in which such housing accommodation
is located.
(c)Â
Nothing in this article 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, sexual orientation, sex, age, disability, use of a guide or
support animal because of the disability of the user or because the
user is a handler or trainer of guide or support animals or familial
status.
(14)Â
Discriminate by engaging in certain real estate practices, including:
(a)Â
Inducing, soliciting or attempting 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 a particular race, color, familial status, age,
religious creed, ancestry, sex, national origin, sexual orientation,
disability, or who are guide or support animal dependent.
(b)Â
Discouraging, or attempting to discourage, for commercial profit,
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 a particular race, color, familial
status, age, religious creed, ancestry, sex, national origin, sexual
orientation, disability, or who are guide or support animal dependent.
(c)Â
Misrepresenting, creating or distorting 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 a particular race, color, familial status, age, religious creed,
ancestry, sex, national origin, sexual orientation, disability, or
who are guide or support animal dependent within such neighborhood,
community or area.
(d)Â
In any way misrepresenting or otherwise misadvertising 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 a particular race, color, familial status,
age, religious creed, ancestry, sex, national origin, sexual orientation,
disability, or the use of a guide or support animal because of the
disability of the user.
(15)Â
For any person with the intention of defeating the purposes
of this article to sell, lease or transfer or attempt to sell, lease,
or transfer or offer, advertise, or make available for sale, lease,
or transfer any housing accommodation which is the subject of a written
verified complaint filed with the Commission until final determination
of the complaint.
(16)Â
For any person, after a complaint regarding a housing accommodation
has been filed and prior to final determination by the Commission,
to fail to include a notice of the complaint in any subsequent lease
or agreement of sale involving that housing accommodation.
(17)Â
Nothing in this clause regarding age or familial status shall
apply with respect to housing for older persons.
(18)Â
Nothing in this clause shall bar any religious or denominational
institution or organization or any charitable or educational organization
which is operated, supervised or controlled by or in connection with
a religious organization or any bona fide private or fraternal organization
from giving preference to persons of the same religion or denomination
or to members of such private or fraternal organization or from making
such selection as is calculated by such organization to promote the
religious principles or the aims, purposes or fraternal principles
for which it is established, or maintained. This exemption requires
that the dwelling be owned and operated for other than a commercial
purpose.
(19)Â
The religious organization exemption applies only when membership
in the religion is not restricted on account of race, color, ancestry,
national origin, sexual orientation, sex, age or disability.
(20)Â
The exemption for a fraternal organization is only for a private
club not in fact open to the public and applies only to lodgings provided
as an incident to the club's primary purpose.
(21)Â
Nothing in this clause shall apply:
(a)Â
With respect to discrimination based on sex, to the rental or
leasing of housing accommodations in a single-sex dormitory.
(b)Â
To the rental of rooms in a landlord occupied rooming house
with a common entrance. This exemption is limited to rooms or units
containing living quarters occupied or intended to be occupied by
no more than two families living independently of each other, if the
owner actually maintains and occupies one of such living quarters
as his or her residence. NOTE: A "family" includes one person.
(22)Â
Nothing above shall prevent the Commission from requiring reports,
information or answers to questions regarding race, color, familial
status, religion, creed, ancestry, age, sex, national origin, sexual
orientation or disability, or the use of a guide or support animal
because of the disability of the user or because the user is a handler
or trainer of support or guide animals, in connection with their compliance
procedure of affirmative action or educational programs.
(23)Â
Everything in this section is subject to Subtitle B at Title
24 of the Code of Federal Regulations (CFR) Part 100, Discriminatory
Conduct Under the Fair Housing Act. Specifically, the exemptions at
§ 100.10 are not subject to § 804 [except (c)]
but are subject to §§ 805, 806 and 818 of the Fair
Housing Amendments Act of 1988.
B.Â
Prohibited interference, coercion or intimidation.
(1)Â
It shall be unlawful to coerce, intimidate, threaten, or interfere
with any person in the exercise or enjoyment of, or on account of
that person having exercised or enjoyed, or on account of that person
having aided or encouraged any other person in the exercise or enjoyment
of, any right granted or protected by this article, in accordance
with the Fair Housing Act § 818.
(2)Â
Conduct made unlawful under this section includes, but is not limited
to, the following:
(a)Â
Coercing a person, either orally, in writing, or by other means,
to deny or limit the benefits provided that person in connection with
the sale or rental of a dwelling or in connection with a residential
real-estate-related transaction because of race, ancestry, age, color,
religion, sex, disability, familial status, sexual orientation or
national origin.
(b)Â
Threatening, intimidating or interfering with persons in their
enjoyment of a dwelling because of race, ancestry, age, color, religion,
sex, disability, familial status, sexual orientation or national origin
of such persons, or of visitors or associates of such person.
(c)Â
Threatening an employee or agent with dismissal or an adverse
employment action, or taking such adverse employment action, for any
effort to assist a person seeking access to the sale or rental of
a dwelling or seeking access to any residential real estate related
transaction, because of the race, ancestry, age, color, religion,
sex, disability, familial status, sexual orientation or national origin
of that person or any person associated with that person.
(d)Â
Intimidating or threatening any person because that person is
engaging in activities designed to make other persons aware of, or
encouraging such other persons to exercise, rights granted or protected
by this article.
(e)Â
Retaliating against any person because that person has made
a complaint, testified, assisted, or participated in any manner in
a proceeding under this article or the Fair Housing Act.
It shall be an unlawful discriminatory practice for any person
being the owner, lessee, proprietor, manager, superintendent, agent
or employee of any public accommodation, resort or amusement to:
A.Â
Refuse, withhold from, or deny to any person because of his race,
color, sex, religious creed, ancestry, national origin, sexual orientation,
or disability, or to any person due to use of a guide or support animal
because of the disability of the user or because the user is a handler
or trainer of support or guide animals, either directly or indirectly,
any of the accommodations, advantages, facilities or privileges of
such public accommodation, resort or amusement.
B.Â
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 from or
denied to any person on account of race, color, religious creed, sex,
ancestry, national origin, sexual orientation, disability, or to any
person due to use of a guide or support animal because of the disability
of the user, or because the user is a handler or trainer of support
or guide animals, or that the patronage or custom thereat of any person,
belonging to, or purporting to be of any particular age, race, color,
religious creed, sex, ancestry, national origin, sexual orientation
or disability, or to any person due to use of a guide or support animal
because of the disability of the user or because the user is a handler
or trainer of support or guide animals, is unwelcome, objectionable
or not acceptable, desired or solicited.
C.Â
Exclude or otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations or other opportunities to a person because
of the disability of an individual with whom the person is known to
have a relationship or association.
D.Â
Construct, operate or otherwise make available such place of public
accommodation, resort or amusement, which is not accessible.
E.Â
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 section
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.
F.Â
For any person subject to this article to fail to post and exhibit
prominently in his place of business any fair practices notice prepared
and distributed by the Pennsylvania Human Relations Commission or
the Monessen Human Relations Commission.
G.Â
Nothing in this article shall bar any religious or denominational
institution or organization, or any religious or denominational organization
operated for charitable or educational purposes, which is operated,
supervised or controlled by or in connection with a religious organization,
from limiting admission to or giving preference to persons of the
same religion or denomination with regard to the occupancy, leasing,
sale or purchase of real estate, or from making such selection as
is calculated by such organization to promote the religious principles
for which it is established or maintained, provided that such selection
or preference is not on the basis of race, color, familial status,
ancestry, age, sex, national origin, sexual orientation, disability,
or the use of a guide or support animal because of the disability
of the user or because the user is a handler or trainer of support
or guide animals.
H.Â
It shall be an unlawful discriminatory practice for any person to
interfere with the exercise of one's rights under this article,
harass, threaten, intimidate, harm, damage or otherwise penalize any
person, group or business because he or they exercised his or their
rights under this article, or because he or they have complied with
the provisions of this article, or enjoyed the benefits of this article,
or because he or they have made a charge, testified or assisted in
any manner in any investigation, proceeding or hearing hereunder.
I.Â
It shall be an unlawful discriminatory practice for any person to
aid, abet, incite, induce, compel or coerce the doing of an unlawful
employment, housing, or public accommodation practice prohibited by
this article or to obstruct or prevent any person from complying with
the provisions of this article or any order issued hereunder.
A.Â
It shall be an unlawful discriminatory practice for any employer
to prohibit, prevent or disqualify any person from, or otherwise to
discriminate against any person in, obtaining or holding employment
because of such person's observance of any particular day or
days or any portion thereof as a Sabbath or other holy day in accordance
with the requirements of the person's religion.
B.Â
Except as may be required in an emergency or where personal presence
is indispensable to the orderly transaction of public business, no
employee shall be required to remain at the place of employment during
any day or days or portion thereof that, as a religious requirement,
the person observes as the Sabbath or other holy day, including a
reasonable time prior and subsequent thereto for travel between the
place of employment and home; provided, however, that any such absence
from work shall, wherever practicable in the judgment of the employer,
be made up by an equivalent amount of time and work at some other
mutually convenient time, or shall be charged against any leave with
pay ordinarily granted, other than sick leave; provided further, however,
that any such absence not so made up or charged, may be treated by
the employer of such person as leave taken without pay.
C.Â
This section shall not be construed to apply to any position dealing
with the public health or safety where the person holding such position
must be available for duty whenever needed, or to any position or
class of positions duties of which are such that the personal presence
of the holder of such position is regularly essential on any particular
day or days or portion thereof for the normal performance of such
duties with respect to any applicant therefor or holder thereof who,
as a religious requirement, observes such as the Sabbath or other
holy day.
A.Â
There is hereby established the City of Monessen Human Relations
Commission. The Commission shall be composed of five members, at least
three of whom shall be City residents, selected from a broadly representative
cross-section of the City's racial, ethnic and economic groups,
sympathetic with the principles and purposes of this article, appointed
by the Mayor, and subject to the approval and confirmation of Council.
All appointments shall be for five-year terms, and members shall serve
without compensation. Appointments shall follow the City of Monessen's
appointment procedures for boards, authorities and commissions, as
laid out in Resolution 11 of 2020.
(1)Â
Any vacancy on the Commission arising from expiration of term or
other cause shall be filled for the unexpired terms in the same manner
as original appointments. All reasonable efforts will be made to fill
any vacancy within 60 days from the date of its occurrence with a
duly appointed, approved, and confirmed Commissioner.
(2)Â
A Commissioner whose term has expired shall continue to serve until
replaced by a duly appointed, approved, and confirmed Commissioner.
(3)Â
Three members of the Commission or a majority of those duly appointed
and qualified shall constitute a quorum for transacting business,
and a majority vote of those present at any meeting shall be sufficient
for any official action taken by the Commission.
B.Â
The Commission is hereby vested with the authority to administer
and this article (except that the Commission shall have no authority
to engage in enforcement proceedings or proceed with any claim or
cause of action, including on behalf of or for any aggrieved person,
against any person alleged to have violated any provision of this
article) and in connection therewith it shall have the following powers
and duties:
(1)Â
To establish and maintain a central office in the City.
(2)Â
To meet and function at any publicly accessible place within the
City.
(3)Â
Duties include, but are not limited to:
(a)Â
Act as an advisory, educational, and research-based board, that
shall study any issues related to the subject matter laid out in this
article.
(b)Â
To make recommendations to agencies of the City and Mayor and
Council to effectuate such policies and procedures as seen fit by
research in the subject matter, as laid out in this article.
(c)Â
To study the problems of discrimination in all or specific fields
of human relationships when based on race, color, familial status,
religious creed, ancestry, age, sex, national origin, disability,
sexual orientation or the use of a guide or support animal because
of the disability of the user or because the user is a handler or
trainer of support or guide animals, and foster, through community
effort or otherwise, good will among the groups and elements of the
population of the City.
(d)Â
To issue such publications and such results of studies and research
as, in its judgment, will tend to promote good will and minimize or
eliminate discrimination because of race, color, familial status,
religious creed, ancestry, age, sex, national origin, disability,
sexual orientation or the use of a guide or support animal because
of the disability of the user or because the user is a handler or
trainer of support or guide animals.
(e)Â
From time to time, but not less than once a year, a report to
Council, describing in detail any findings, studies, or other relevant
business, 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
because of race, color, familial status, religious creed, ancestry,
age, sex, national origin, disability, sexual orientation or the use
of a guide or support animal because of the disability of the user
or because the user is a handler or trainer of support or guide animals,
as may be desirable.
(f)Â
To elect one of its members as chairperson and such other officers
as it may deem necessary.
(g)Â
To request other departments, boards and commissions of the
City government to assist in the performance of its duties and such
other departments, boards and commissions shall cooperate fully with
the Commission.
(h)Â
To inspect, upon request, such records of the commonwealth or
any other political subdivision, board, department, commission or
school district thereof as it may deem necessary or advisable to carry
into effect the provisions of this article.
(i)Â
To investigate where no complaint has been filed, but with the
consent of at least four of the members of the Commission, any problem
of racial discrimination with the intention of avoiding and preventing
the development of racial tension, for research and educational purposes.
(j)Â
On the request of Council, and in coordination with the Monessen
Police Accountability and Internal Affairs Board, to provide research
or studies conducted, when claims of excessive use of force by police
in civil rights protest activities exist within the City, or on any
other relevant matter.
The provisions of this article shall be construed liberally
for the accomplishment of the purposes thereof, and any law inconsistent
with any provisions hereof shall not apply.
When a provision of this article is found to be in conflict
with a provision of any other City ordinance, or 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.
County government or other governmental subdivisions of Westmoreland
County may elect to be affiliated with the Commission in accordance
with the following procedures:
A.Â
A statement of intent and a record of the proceedings shall be certified
to the City Solicitor by a representative of the governmental unit
seeking affiliation.
B.Â
Amendments to this article shall be drafted by the representatives
of Council, the Commission and the governmental unit electing to affiliate,
in order to resolve problems of affiliation relating to financial
support, representation, reporting changes in name and other relationships.
C.Â
The governmental unit electing to affiliate shall, after the conditions of participation have been agreed upon by their representatives as provided in Subsection B hereof, transmit to the City Solicitor the resolutions and proceedings of the governmental subdivision, stating the conditions of affiliation.
D.Â
Upon acceptance of such affiliation by Council, by resolution duly
adopted by it, which includes the conditions of affiliation, the provisions
of this article shall be applicable to such governmental unit, in
accordance with the conditions of affiliation.
If any clause, sentence, paragraph or part of this article,
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 article 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 article would
have been adopted had such provisions not been included or such persons
or circumstances been expressly excluded from their coverage.
All ordinances or resolutions or parts of ordinances or resolutions
or code sections insofar as they are inconsistent herewith are hereby
repealed and rescinded to the extent of any such conflict.
Nothing in this article shall be construed to abridge or alter
the remedies now existing at common law, by statute or by ordinance,
but the provisions of this article are in addition to such remedies.
This article shall become effective immediately upon approval
because it is an article providing for the preservation of public
peace, health, safety, and the general welfare.
