[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."
A.
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.
B.
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.
C.
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.
D.
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.
A.
BOARD OF SUPERVISORS
CONVERSION THERAPY
(1)
(a)
(b)
DISCRIMINATION
DISCRIMINATORY ACTS
EDUCATIONAL INSTITUTION
EMPLOYEE
EMPLOYER
GENDER IDENTITY OR EXPRESSION
GENETIC INFORMATION
HOUSING
LIFESTYLE
MENTAL HEALTH PROFESSIONAL
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
TOWNSHIP
The following words and phrases when used in this chapter shall have
the meanings given to them in this subsection:
The Board of Supervisors of Uwchlan Township.
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.
Conversion therapy shall not include counseling that:
Provides assistance to a person undergoing gender transition;
and/or
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.
All acts defined in the Pennsylvania Human Relations Act[1] 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.
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.
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.
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.
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.
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.
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.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Discrimination in housing, employment, public accommodations or access
to educational institutions is prohibited under this chapter.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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").
B.
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.
C.
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.
D.
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.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Filing a complaint.
(1)
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:
(a)
The name and address of the aggrieved person(s);
(b)
The name and address of the person(s) alleged to have committed
the prohibited practice;
(c)
A concise statement of the facts, including pertinent dates,
constituting the alleged discriminatory practice;
(d)
If applicable, the address and a description of the dwelling
unit which is involved; and
(e)
Such other information as may be required by the Township.
(2)
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.
(3)
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.
B.
Notification and answer.
(1)
Within 30 days of its receipt of a complaint, the Commission shall:
(a)
Send a copy of the complaint to the person(s) charged with a
discriminatory practice [the "respondent(s)"]; and
(b)
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.
(2)
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.
C.
Fact-finding conference.
(1)
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.
(2)
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).
(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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Expanded procedures: public hearing.
(1)
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.
(2)
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.
(3)
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.
K.
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.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
L.
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.
A.
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:
(1)
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;
(2)
Emotional distress damages;
(3)
Exemplary damages;
(4)
Reasonable attorney's fees and court costs; and
(5)
Such other relief, including injunctive relief, as the court may
deem appropriate.
B.
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.
C.
Nothing in this chapter limits the right of an aggrieved person to
recover under any other applicable law or legal theory.
