This article may be cited as the "Monessen Human Relations Ordinance."
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
ACCESSIBLE
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.
AGE
Includes any person 40 years of age or older, and shall also
include any other person so protected by further amendment to the
Federal Age Discrimination in Employment Act.
AGGRIEVED PERSON
Any person who claims to have been injured by a discriminatory
practice or believes that a discriminatory practice is about to occur.
COMMERCIAL PROPERTY
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.
COMMISSION
The City of Monessen Human Relations Commission.
DISABILITY or HANDICAP
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.
DISCRIMINATION
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.
EMPLOYEE
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.
EMPLOYER
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.
EMPLOYMENT AGENCY
Includes any person regularly undertaking, with or without
compensation, to procure opportunities to work or to procure, recruit,
refer or place employees.
FAMILIAL STATUS
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.
GENDER IDENTITY OR EXPRESSION
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.
GUIDE OR SUPPORT ANIMAL
A dog or miniature horse that is individually trained to
do work or perform tasks for people with disabilities.
HOUSING ACCOMMODATIONS
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 FOR OLDER PERSONS
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.
INDEPENDENT CONTRACTOR
Includes any person who is subject to the provisions governing
any of the professions and occupations regulated by state licensing
laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act.
LABOR ORGANIZATION
Includes any organization, which exists for the purpose,
in whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment or of other
mutual aid or protection in relation to employment.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business
of lending money or guaranteeing loans.
MAJOR LIFE ACTIVITIES
Functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working.
OWNER
Includes lessee, sublessee, assignee, manager, agent, or
any other person having the right of ownership or possession or the
authority to sell, rent or lease any housing accommodation, including
the City of Monessen and its departments, authorities, boards, council,
and commissions.
PERSON
Includes one or more individuals, partnerships, associations,
organizations, corporations, legal representatives, trustees in bankruptcy
or receivers. It also includes, but is not limited to, any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, lending institution and all authorities, boards,
council, and commissions thereof.
PERSONAL RESIDENCE
A building or structure containing living quarters occupied
or intended to be occupied by no more than two individuals, two groups
or two families living independently of each other and used by the
owner thereof as a bona fide residence for himself and any members
of his family forming his household.
PHYSICAL OR MENTAL IMPAIRMENT
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.
PROTECTED CLASS
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.
PUBLIC ACCOMMODATION RESORT OR AMUSEMENT
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.
REAL-ESTATE-RELATED TRANSACTION
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.
SEX
Male or female, and includes pregnancy.
SEXUAL ORIENTATION
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others, whether or not
such perception is accurate.
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. 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. 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. 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. Construct, operate or otherwise make available such place of public
accommodation, resort or amusement, which is not accessible.
E. 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. 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. 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. 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. 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.
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. 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. 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. 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. 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.