[HISTORY: Adopted by the Board of Supervisors of the Township of Uwchlan 11-30-2020 by Ord. No. 2020-03. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Uwchlan Township Anti-Discrimination Ordinance."
In order to ensure that all persons, regardless of actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, mental or physical disability, use of guide or support animals and/or mechanical aids enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing and the use of public accommodations, and to have equal access to postsecondary educational institutions, it is necessary that appropriate legislation be enacted.
It is hereby declared to be the public policy of Uwchlan Township to foster the employment of all individuals in accordance with their fullest capacities regardless of actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, veteran status, mental or physical disability, use of guide or support animals and/or mechanical aids, and to safeguard their right to obtain and hold employment without such discrimination, to assure equal opportunities to all individuals and to safeguard their rights to public accommodation and to secure housing accommodation and commercial property without regard to actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, mental or physical disability, use of guide or support animals and/or mechanical aids, and to have equal access to postsecondary educational institutions without regard to actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, mental or physical disability, use of guide or support animals and/or mechanical aids.
Nothing in this chapter shall be construed as supporting or advocating any particular doctrine, position, point of view or religious view. To the contrary, it is the intention of this chapter that all persons be treated fairly and equally, and it is the express intent of this chapter to guarantee fair and equal treatment under the law to all people of the Township.
This chapter shall be deemed an exercise of the police power of the Uwchlan Township for the protection of the public welfare, prosperity, health and peace of the Uwchlan community.
The following words and phrases when used in this chapter shall have the meanings given to them in this subsection:
- BOARD OF SUPERVISORS
- The Board of Supervisors of Uwchlan Township.
- CONVERSION THERAPY
- Any practices or treatments that seek to change an individual's sexual orientation and/or gender identity or expression, including but not limited to efforts to change behaviors or gender expressions, or to reduce or eliminate sexual or romantic attractions or feelings toward individuals of the same gender.
- (1) Conversion therapy shall not include counseling that:
- (a) Provides assistance to a person undergoing gender transition; and/or
- (b) Provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual orientation-neutral and gender identity or expression-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation and/or gender identity or expression.
- Any discriminatory act(s) taken by any person, employer, employment agency, labor organization or public accommodation on the basis of actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, mental or physical disability, use of guide or support animals and/or mechanical aids.
- DISCRIMINATORY ACTS
- All acts defined in the Pennsylvania Human Relations Act as unlawful discriminatory practices. The fact that the Pennsylvania Human Relations Act would not define a practice as unlawful when that practice is taken on the basis of actual or perceived sexual orientation, gender identity or expression, genetic information or marital status shall not exempt such practice from being considered a discriminatory act under this chapter.
- EDUCATIONAL INSTITUTION
- Those postsecondary programs defined as educational institutions pursuant to the Pennsylvania Fair Educational Opportunities Act, 24 P.S. § 5001 et seq.
- Does not include any individuals who, as a part of their employment, reside in the personal residence of the employer.
- Any person who employs one or more employees, including the Township, its departments, boards and commissions, and any other government agency within its jurisdiction.
- GENDER IDENTITY OR EXPRESSION
- Self-perception, or perception by others, as male, female, nonbinary or another gender, and shall include an individual's appearance, behavior, or physical characteristics, that may be in accord with, or opposed to, one's physical anatomy, chromosomal sex, or sex assigned at birth, and shall include, but not be limited to, persons who are undergoing or have completed sex reassignment, are transgender, intersex, genderqueer, gender fluid, or gender nonconforming.
- GENETIC INFORMATION
- That information which is defined as genetic information in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff.
- Includes 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" shall not include any personal residence offered for rent by the owner or lessee thereof or by his or her broker, salesperson, agent or employee.
- Nothing in this chapter 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 chapter that all persons be treated fairly and equally, and it is the express intent of this chapter to guarantee fair and equal treatment under the law to all people of the Township.
- MENTAL HEALTH PROFESSIONAL
- A person who is licensed to provide professional mental health care or counseling under Pennsylvania law, or a person who performs mental health care or counseling as part of the person's professional training for any of such licensed profession.
- This chapter, which shall also be known as the "Anti-Discrimination Ordinance."
- Any natural person, fraternal, civic or other membership organization, corporation, general or limited partnership, proprietorship, limited liability company, or similar business organization, including the Township, its departments, boards and commissions, and other for-profit and nonprofit organizations.
- PUBLIC ACCOMMODATION
- Any accommodation, resort or amusement which is open to, accepts or solicits the patronage of the general public or offers goods or services, including loans, to the general public or is listed in Section 4(1) of the Pennsylvania Human Relations Act, 43 P.S. § 954(1), but shall not include any accommodations which are in their nature distinctly private.
- SEXUAL ORIENTATION
- Actual or perceived sexual and/or romantic attraction and/or feelings toward other individuals. The term includes, but is not limited to, individuals who are heterosexual, homosexual, gay, lesbian, bisexual, queer, asexual, aromantic and/or questioning.
- The Township of Uwchlan, County of Chester, Commonwealth of Pennsylvania.
Discrimination in housing, employment, public accommodations or access to educational institutions is prohibited under this chapter.
Retaliation against any individual because such individual has opposed any practice forbidden by this chapter, or because such individual has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing under this chapter, is prohibited under this chapter.
Aiding, abetting, inciting, compelling or coercing the doing of any act declared by this chapter to be an unlawful practice, or obstructing or preventing any person from complying with the provisions of this chapter, is prohibited under this chapter.
It is a prohibited form of discrimination under this ordinance for a mental health professional to engage in conversion therapy with a person under 18 years of age.
Notwithstanding any other provision of this chapter, it shall not be an unlawful employment practice for a religious corporation or association, not supported in whole or in part by governmental appropriations, to refuse to hire or employ an individual on the basis of religion.
Nothing in this chapter shall be interpreted to prohibit a religious organization, religious denomination, or association of religious organizations or denominations that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code, or any organization affiliated with that religious organization, religious denomination, or association of religious organizations or denominations, from engaging in any conduct or activity that is required by, or that implements or expresses its religious beliefs or tenets of faith. Nor shall anything in this chapter be interpreted to require any such religious organization, religious denomination, or association of religious organizations or denominations, or any organization affiliated with that religious organization, religious denomination, or association of religious organizations or denominations to engage in any conduct or activity that is prohibited by its religious beliefs or tenets of faith.
Pursuant to 43 P.S. § 962.1 of the Pennsylvania Human Relations Act, there is hereby established a Human Relations Commission in and for Uwchlan Township (hereinafter referred to as the "Uwchlan Township Human Relations Commission" or the "Commission").
The Uwchlan Township Human Relations Commission shall consist of no fewer than three and no more than five members, who shall serve overlapping terms of three years each. There shall be an odd number of members, though the Commission may continue to operate with an even number of members pending appointment of new members, if necessary. All members of the Commission shall be appointed by the Board of Supervisors. The Commission may elect up to three nonvoting, ex officio members to broaden the diversity that serves on the Commission. Members shall be residents of the Township or individuals who work full-time within Uwchlan Township. Members of the Uwchlan Township Human Relations Commission shall serve without salary but may be paid expenses incurred in the performance of their duties, as approved by Board of Supervisors. Paid staff may be hired, as approved by Board of Supervisors, to assist in the performance of the duties of the Commission.
One of the Commission's members shall be appointed as the Chairperson of the Commission by the members of the Commission. The Chairperson will be responsible for setting Commission meetings, coordinating with the Uwchlan Township Secretary regarding received complaints and answers, and generally ensuring that the duties of the Commission are fulfilled. The Chairperson may delegate responsibility for Commission duties to specific Commissioners or to paid staff, if applicable.
Board of Supervisors hereby grants to the Uwchlan Township Human Relations Commission all of the powers necessary to the execution of its duties (as set forth below), provided that those powers shall not exceed those exercised by the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.
Filing a complaint.
Any person(s) claiming to be aggrieved by an unlawful practice may make, sign and file a verified complaint alleging violations of this chapter, which shall include the following information:
The name and address of the aggrieved person(s);
The name and address of the person(s) alleged to have committed the prohibited practice;
A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory practice;
If applicable, the address and a description of the dwelling unit which is involved; and
Such other information as may be required by the Township.
Complaints may be filed in person at the Township office or by mailing such complaints to Township office or to the Chairperson of the Commission. All complaints must be received by the Township Secretary or by the Commission within 180 days of the alleged act of discrimination to be considered timely.
The Township Manger shall convey all original complaints received by that office to the Chairperson of the Commission within 10 days of the office's receipt of such complaints.
Notification and answer.
Within 30 days of its receipt of a complaint, the Commission shall:
Send a copy of the complaint to the person(s) charged with a discriminatory practice [the "respondent(s)"]; and
Send a notice to the person(s) aggrieved, informing them that the complaint has been received. If the complaint alleges discrimination on a basis prescribed under federal or state law, the notice sent to the person(s) aggrieved shall also inform them of the right to file with the state Human Relations Commission and/or with the federal Equal Employment Opportunity Commission.
The respondent(s) shall file a written verified answer to the complaint within 30 days of receipt of the complaint. An answer to a complaint may be filed in the same manner as an original complaint. If the answer is filed at Township Hall, it shall be conveyed by the Township Manager to the Chairperson of the Commission within 10 days of the Township's receipt thereof. The Commission shall promptly send a copy of the answer to the person(s) aggrieved.
After the answer has been received (or after 60 days following the filing of the Complaint if no answer is received) the Commission shall, within 30 days, invite the parties to voluntarily participate in a fact-finding conference concerning the dispute. The parties shall respond to the invitation to participate in a fact-finding conference within 30 days of being invited to participate.
If either of the parties agree to participate in a fact-finding conference, the parties shall meet with a Commission member at a location mutually agreeable to the parties within 30 days of the agreement to participate. Each party will be invited at the fact-finding conference to present evidence and documents relevant to the complaint. The fact-finding conference will not be a public event, and no record of the conference will be created, excepting the findings of fact detailed in Subsection C(3).
The parties shall notify the Commission of whether the fact-finding conference resulted in a resolution of the complaint. In the event the complaint is resolved, the Commission shall notify the parties that the complaint has been dismissed. In the event the complaint is not resolved through the fact-finding conference, then the Commissioner, within 30 days, shall prepare findings of fact and a conclusion as to whether the Commissioner finds probable cause that an unlawful practice has occurred.
Disposition of the complaint. Provided that the Commission has not elected under Subsection E of this section to use expanded procedures, and if the complaint is not resolved through the fact-finding conference, the Commission shall, at the second Commission meeting following the fact-finding conference, consider the findings prepared by the Commissioner who conducted the fact-finding conference. The Commission shall accept or reject the findings by public vote. The Commission shall provide the parties with the findings of fact and conclusions, shall notify the parties of the outcome of the vote, and this notice shall also indicate that the person aggrieved has a right to pursue the matter in court by filing a lawsuit.
Option of the Commission to elect for expanded procedures. The Commission shall have the authority to elect to adopt expanded procedures as set forth in Subsections F through L of this section subject to approval by the Board of Supervisors and appropriation of funding for such procedures. A majority of Commission members must vote in favor of adopting expanded procedures in order for such procedures to be adopted. In the event that such procedures are adopted, they must, while in effect, be applied to all complaints that are not resolved through a fact-finding conference. If the Commission has adopted expanded procedures, it may also, by majority vote and in its sole discretion, eliminate such procedures.
Expanded procedures: dismissal or nondismissal of the complaint. If the fact-finding conference was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection C(3) of this section for dismissing the complaint. If the fact-finding conference was not successful in resolving the complaint, the Commission shall not dismiss the complaint but shall instead undertake the procedures set out in Subsections F through L of this section.
Expanded procedures: investigation. The Commission shall, in a timely fashion, investigate the allegations of discrimination set forth in the complaint. The Commission may, in the conduct of such investigation, issue subpoenas to any person charged with an unlawful practice to furnish information, records or other documents, or to give sworn testimony, as necessary to assist in its investigation.
Expanded procedures. Finding of no cause. If it shall be determined after the Commission's investigation that there is no basis for the allegations of the complaint, the Commission shall cause to be issued and served upon the parties written notice of such determination. This notice shall inform the person aggrieved that he/she has the right to pursue the matter in court by filing a lawsuit.
Expanded procedures. Conciliation. If the Commission, after investigation, determines that probable cause exists for the allegations of the complaint, the Commission shall immediately endeavor to eliminate the unlawful practice complained of by persuasion, conference and conciliation.
Expanded procedures: public hearing.
If the Commission, in its discretion, finds it is not possible to eliminate the unlawful practices by persuasion, conference or conciliation, the Commission shall cause to be issued and served a written notice, together with a copy of the complaint, which informs the respondent that the respondent must answer the charges of such complaint at a hearing before the Commission at a time and place to be specified in such notice.
The Commission may designate one or more of its members to preside at such a hearing or it may, at its election, conduct such hearing en banc.
At the public hearing, the case in support of the complaint shall be presented to the Commission by pro bono counsel, by Commission staff or by the Township Solicitor's office. The case in support of the complaint may instead be presented by the complainant's attorney, if the complainant is represented. Both the complainant and the respondent may appear at the hearing with or without counsel and provide testimony. In addition, both the complainant and the respondent may introduce the testimony of additional witnesses and may submit documentary evidence. The Commission and the parties shall not be bound by the strict rules of evidence at the hearing.
Expanded procedures: findings. If upon all the evidence at the hearing the Commission shall find that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this chapter, the Commission shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such additional action as the Commission deems appropriate. The Commission shall have the authority to order any remedies available to the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.
Expanded procedures. Finding of no discrimination. If upon all the evidence the Commission shall find that a respondent has not engaged in any unlawful discriminatory practice, the Commission shall state its findings of fact and shall issue and cause to be served on the parties an order dismissing the complaint as to such respondent.
Any person(s) aggrieved by a violation of this chapter shall have a right of action in the Chester County Court of Common Pleas or any other court of competent jurisdiction and may recover for each violation the following remedies:
Back pay, front pay and other actual damages, as those remedies are defined in the Pennsylvania Human Relations Act and case law interpreting the same;
Emotional distress damages;
Reasonable attorney's fees and court costs; and
Such other relief, including injunctive relief, as the court may deem appropriate.
The right of action created by this chapter may be brought upon receipt by the aggrieved person(s) of notice that the Commission has dismissed the complaint or, if no such notice is received, after one year from the date of the filing of the complaint. If the person aggrieved has received notice that the Commission has dismissed the complaint, an action under this chapter must be brought by the aggrieved person within one year from the date of receipt of said notice or it will be barred. Equitable principles such as waiver, estoppel and equitable tolling shall apply to the time limitations for the filing of any complaint or other pleading under this chapter.
Nothing in this chapter limits the right of an aggrieved person to recover under any other applicable law or legal theory.