[Ord. 6267, passed 2-27-1969; Ord. 6465, passed 2-15-1973]
(a) Legislative findings.
(1)
The population of the City consists of people of every race,
color, religion, ancestry, sex, national origin and place of birth,
many of whom by reason of their race, color, religion, ancestry, sex,
national origin or place of birth are discriminated against in employment
opportunities, places of public accommodation, resort, recreation
and amusement and housing facilities.
(2)
Discrimination because or race, color, religion, ancestry, sex,
national origin or place of birth is contrary to the Constitutions,
laws and policies of the Commonwealth of Pennsylvania and the United
States of America.
(3)
Discrimination in employment prevents the gainful employment
of large segments of citizens of the City, tends to impair the City's
productive capacity, reduce the public revenues, impose substantial
financial burdens upon the public for relief and welfare, and tends
to create breaches of the peace and depressing living conditions which
breed crime, vice, juvenile delinquency and disease, and is detrimental
to the public safety, economic growth and general welfare of the City.
(4)
Discrimination in housing results in overcrowded, segregated
areas with substandard, unsafe and unsanitary living conditions which
cause increased mortality, disease, crime, vice and juvenile delinquency,
fires and risk of fire, intergroup tensions and other evils, all of
which increase the cost of government and reduce the public revenues,
and result in injury to the public safety, health and welfare of the
City.
(5)
Discrimination in places of public accommodation, resort, recreation,
amusement and places of business cause humiliation, embarrassment
and inconvenience to citizens of and visitors to the City, tends to
create breaches of the peace, intergroup tensions and conflicts and
similar evils, and is detrimental to the public safety, general welfare
and economic growth of the City.
(b) Declaration of policy.
(1)
It is hereby declared to be the policy of the City of New Castle,
in the exercise of its powers for the protection of the public safety
and the general welfare for the maintenance of peace and good government
and for the promotion of the City's trade, commerce and manufactures,
to assure the right and opportunity of all persons to participate
in the social, cultural, recreational and economic life of the City
and to assure equal opportunity for all persons to live in decent
housing facilities, free from restrictions because of race, color,
religion, ancestry, sex, national origin or place of birth.
(2)
To accomplish these goals it shall be the public policy of the
City to prohibit discrimination because of race, color, religion,
ancestry, sex, national origin or place of birth in employment, housing
and places of public accommodation, resort, recreation or amusement.
[Ord. 6267, passed 2-27-1969]
This article applies to the discriminatory practices, including
but not limited to discrimination in employment, housing and public
accommodations, which occur within the territorial limits of the City
and to employment contracted for, performed or to be performed within
these limits, and to housing accommodations and places of public accommodation,
resort, recreation and amusement located within the territorial limits
of the City.
[Ord. 6267, passed 2-27-1969]
As used in this article, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
(a) COMMISSION — The Commission on Human Relations established
in the City by this article.
(b) DISCRIMINATE and DISCRIMINATION — Include any difference in
treatment based on race, color, religion, ancestry, sex, national
origin or place of birth.
(c) EMPLOYER — Any person who employs five or more employees, exclusive
of the parents, spouse or children of such person, including the City,
its departments, boards, 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 governmental appropriations.
(d) EMPLOYMENT — Includes the employment of individuals in domestic
service.
(e) EMPLOYMENT AGENCY — Any person regularly undertaking with or
without compensation to procure opportunities for employment or to
procure, recruit, refer or place employees.
(f) HOUSING ACCOMMODATION —
(1)
A building, structure or portion thereof which is used or occupied,
or is intended, arranged or designed to be used or occupied, as a
home, residence or sleeping place by a person, by a family or by a
group of persons living together, or
(2)
A parcel of real property or lot available for the construction
of a housing accommodation.
(g) LABOR ORGANIZATION — 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.
(h) LENDING INSTITUTION — Any bank, insurance company, savings
and loan association, or any other person regularly engaged in the
business of lending money or guaranteeing loans.
(i) OWNER — Includes the owner, co-owner, lessee, sublessee, mortgagee,
assignee, agent or any other person having the right of ownership
or possession or the authority to sell, rent or lease any housing
accommodation, or any person having an equitable or security interest
in any housing accommodations, including the City and its departments,
boards, commissions and authorities.
(j) PERSON — Any individual, partnership, corporation, labor organization
or other organization or association, including those acting in a
fiduciary or representative capacity, whether appointed by a court
or otherwise. "Person," as applied to partnerships or other organizations
or associations, includes their members, and as applied to corporations
includes their officers.
(k) REAL ESTATE BROKER — Any natural person, partnership, corporation
or other association which for a fee or other valuable consideration
manages, sells, purchases, exchanges or rents or negotiates, or offers
or attempts to negotiate the sale, purchase, exchange or rental of
the real property of another, or holds itself out as engaged in the
business of managing, selling, purchasing, exchanging, or renting
the real property of another, or collects rent for the use of the
real property of another, and includes real estate salesmen or agents
or any other person employed by a real estate broker to perform or
to assist in the performance of his business.
(l) PUBLIC ACCOMMODATION, RESORT, RECREATION, OR AMUSEMENT — Includes
any place, business or activity which is open to, accepts or solicits
the patronage of the general public or offers goods, services or recreation
to the general public.
[Ord. 6267, passed 2-27-1969; Ord. 6518, passed 2-7-1974; Ord. 6758, passed 9-23-1982; Ord. 6856, passed 10-24-1985]
(a) There is hereby established, a Commission on Human Relations to administer,
implement and enforce the provisions of this article.
(b) The Commission shall consist of nine members who shall be appointed
by the Mayor, with the advice and consent of Council, of which two
members shall be between the ages of 17 and 22 years and serve for
two years, with full voting power.
The original members of the Commission shall be appointed as
follows: four members will serve for six years; three members will
serve for four years; and three members will serve for three years.
The term of the first members appointed will be done by drawing lots,
thereafter members of the Commission shall be appointed for three
year terms. Two-thirds of this Commission must reside within the City.
Commissioners may be reappointed to successive terms of office. Each
member of the Commission shall continue to serve after his term until
his successor has been appointed and qualified.
(c) The Commission shall elect one of its members as chairman and may
elect such other officers as it may deem necessary. The Chairman may,
with the approval of the Commission, appoint such committees as may
be necessary to carry out the powers and duties of the Commission
and the Commission may authorize such committees to take any necessary
action for the Commission.
(d) The Commission shall adopt such rules and regulations for its own
organization, operations and procedures as the Commission deems necessary
to administer, implement and enforce the rules.
(e) The Commission shall hold at least 10 monthly meetings during each
calendar year. Eight members of the Commission shall constitute a
quorum for the transaction of business, and a majority vote of those
present at any meeting shall be sufficient for any official action
taken by the Commission, except that approval of a majority of the
members of the Commission shall be required before any public hearing
may be held.
(f) The members of the Commission shall serve without compensation, but
they may be reimbursed for all necessary expenses incurred in the
performance of their duties in accordance with appropriations made
by Council.
[Ord. 6267, passed 2-27-1969; Ord. 6465, passed 2-15-1973]
The Commission shall have the power and it shall be its duty
to:
(a) Initiate, receive, investigate and seek the satisfactory adjustment
of complaints charging unlawful practices as set forth in this article.
(b) Initiate or receive and investigate other complaints of discrimination
against any person because of race, color, religion, ancestry, sex,
national origin or place of birth, and to seek the satisfactory adjustment
of such complaint. Any complaint filed under this subsection which
the Commission believes may constitute a violation of a law of the
United States of America or the Commonwealth of Pennsylvania may be
certified to the City Solicitor for such actions as he may deem proper.
(c) Certify upon the request of any person that a particular occupation
or position is exempt from the provisions of this article relating
to unlawful employment practices if the Commission finds that the
occupation or position reasonably requires the employment of a person
or persons of a particular race, color, religion, ancestry, sex, national
origin or place of birth, and that such certification is not sought
as means of circumventing the spirit and purpose of this article.
The burden of proving the facts required for such a finding shall
be in each instance upon the person requesting the certification of
exemption from the provisions of this article.
(d) Study and investigate by means of public hearings or otherwise any
conditions having an adverse effect on intergroup relations in the
City and study the problems of prejudice, intolerance, bigotry and
discrimination as they affect the public safety and general welfare
of the City.
(e) Institute and conduct educational and other programs to promote the
equal rights and opportunities of all persons, regardless of their
race, color, religion, ancestry, sex, national origin or place of
birth, and promote understanding among persons and groups of different
races, colors, religious, ancestries, sexes, national origins or places
of birth. In the performance of its duties, the Commission may cooperate
with interested citizens, private agencies and agencies of the Federal,
State and local governments.
(f) Issue publications and reports of investigation and research in the
field of human relations, and cooperate with and accept grants from
public and private agencies, including foundations, colleges and universities,
engaged in similar research.
(g) 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) Assist in the enforcement of fair practices in City contracts.
(i) Render quarterly written reports of its activities and recommendations
to the Mayor and to Council, and an annual report.
(j) Recommend legislation to promote and insure equal rights and opportunities
for all persons regardless of their race, color, religion, ancestry,
sex, national origin or place of birth.
(k) Adopt such rules and regulations as may be necessary to carry out
the purposes and provisions of this article with the approval of Council.
[Ord. 6267, passed 2-27-1969]
It shall be unlawful employment practice, except where based
upon applicable national security regulations established by the United
States, by the Commonwealth of Pennsylvania, or by any political subdivision
of the Commonwealth having jurisdiction in the City, or except where
based upon a bona fide occupational exemption certified by the Commission
in accordance with Section 185.05(c):
(a) For any employer to refuse to hire any person or otherwise to discriminate
against any person with respect to hiring, tenure, compensation, promotion,
discharge or any other terms, conditions or privileges directly or
indirectly related to employment because of race, color, religion,
ancestry, sex, national origin or place of birth.
(b) For any employer, employment agency or labor organization to establish,
announce or follow a policy of denying or limiting through a quota
system or otherwise, the employment or membership opportunities of
any person or group of persons because of race, color, religion, ancestry,
sex, national origin or place of birth.
(c) For any employer, labor organization, employment agency or any joint
labor-management committee controlling apprentice training programs
to deny to or withhold from any person the right to be admitted to
or participate in a guidance program, an apprenticeship training program,
an on-the-job training program or any other occupational training
program because of race, color, religion, ancestry, sex, national
origin or place of birth.
(d) For any employers, employment agency or labor organization to require
of any applicant for employment or membership any information concerning
race, color, religion, ancestry, sex, national origin or place of
birth.
(e) For any employer, employment agency or labor organization to publish
or circulate, or cause to be published or circulated, any notice or
advertisement relating to employment or membership which indicates
any discrimination because of race, color, religion, ancestry, sex,
national origin or place of birth.
(f) For any employment agency to fail or refuse to classify properly
or refer to employment or otherwise to discriminate against any person
because of race, color, religion, ancestry, sex, national origin or
place of birth.
(g) For any employer substantially to confine or limit recruitment or
hiring of employees, with intent to circumvent the spirit and purpose
of this article, to any employment agency, employment service, labor
organization, training school, training center or any other employee-referring
source which serves persons who are predominantly of the same race,
color, religion, ancestry, sex, national origin or place of birth.
(h) For any labor organization to discriminate against any person in
any way which would deprive or limit his employment opportunities
or otherwise adversely affect his status as an applicant for employment
or as an employee with regard to tenure, compensation, promotion,
discharge or any other terms, conditions or privileges directly or
indirectly related to employment because of race, color, religion,
ancestry, sex, national origin or place of birth.
(i) For any employer, employment agency or labor organization to discriminate
against any person because he has opposed any practice forbidden by
this article or because he has made a complaint or testified or assisted
in any manner in any investigation or proceeding under this article.
(j) For any person, whether or not an employer, employment agency or
labor organization, to aid, incite, compel, coerce or participate
in the doing of any act declared to be an unlawful employment practice
by this article, or to obstruct or prevent any person from enforcing
or complying with the provisions of this article or any rule, regulation
or order of the Commission or to attempt directly or indirectly to
commit any act declared by this article to be an unlawful employment
practice.
[Ord. 6267, passed 2-27-1969; Ord. 6465, passed 2-15-1973]
It shall be unlawful housing practice, except as otherwise provided
in this section:
(a) For any owner, real estate broker or any other person to refuse to
sell, lease, sublease, rent, assign or otherwise transfer, or refuse
to negotiate for the sale, lease, sublease, rental, assignment or
other transfer of the title, leasehold or other interest in any housing
accommodation to any person, or represent that any housing accommodation
is not available for inspection, sale, lease, sublease, rental, assignment
or other transfer when in fact it is so available or otherwise deny
or withhold any housing accommodation from any person because of race,
color, religion, ancestry, sex, national origin or place of birth,
or discriminate against, segregate or assign quotas to any person
or group of persons in connection with the sale, lease, sublease,
rental, assignment or other transfer of the title, leasehold or other
interest in any housing accommodation or housing accommodations.
(b) For any person, including any owner or real estate broker, to include
in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any housing accommodation
any clause, condition or restriction discriminating against, or requiring
any other person to discriminate against, any person in the use or
occupancy of such housing accommodation because of race, color, religion,
ancestry, sex, national origin or place of birth.
(c) For any person, including any owner or real estate broker, to discriminate
in the furnishing of any facilities or services for any housing accommodation
because of race, color, religion, ancestry, sex, national origin or
place of birth.
(d) For any person, including any owner or real estate broker, to publish,
circulate, issue or display, or cause to be published, circulated,
issued or displayed, any communication, notice, advertisement or sign
of any kind relating to the sale, rental, lease, sublease, assignment,
transfer or listing of a housing accommodation which indicates any
preference, limitation, specification or discrimination based on race,
color, religion, ancestry, sex, national origin or place of birth.
(e)
(1)
To discriminate against any person or group of persons because
of race, color, religion, ancestry, sex, national origin or place
of birth of such person or group of persons or of the prospective
occupants or tenants of such housing accommodation in the granting,
withholding, extending, modifying or renewing, or in the rates, terms,
condition or privileges of any such financial assistance or in the
extension of services in connection therewith; or
(2)
To use any form of application for such financial assistance
or make any record of inquiry in connection with applications for
such financial assistance which indicates, directly or indirectly,
any limitation, specification or discrimination as to race, color,
religion, ancestry, sex, national origin or place of birth, or any
intent to make any such limitation, specification or discrimination.
(f) For any real estate broker or real estate salesman or agent, or any
other person for business or economic 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, religious or ethnic composition of the street,
block, neighborhood or area in which such housing accommodation is
located.
(g) For any person, whether or not a real estate broker, real estate
salesman or agent, owner or lending institution to aid, incite, compel,
coerce or participate in the doing of any act declared to be an unlawful
housing practice under this article, or to obstruct or prevent enforcement
or compliance with the provisions of this article or any rule, regulation
or order of the Commission, or to attempt directly or indirectly to
commit any act declared by this article to be an unlawful housing
practice.
(h) Nothing in this article shall bar any religious or sectarian institution
or organization, or any charitable or educational organization which
is operated, supervised or controlled by or in connection with a religious
or sectarian organization, or any bona fide private or fraternal organization
from limiting admission to or giving preference to persons of the
same religion or sect, or to members of such private or fraternal
organization, or from making such selection as is calculated by such
organization to promote the religious or sectarian principles or the
aims, purposes or fraternal principles, for which it is established
or maintained.
[Ord. 6267, passed 2-27-1969; Ord. 6465, passed 2-15-1973]
It shall be an unlawful public accommodation practice:
(a) For the owner, lessee, proprietor, manager, superintendent, agent
or employee of any business or place of public accommodation, resort,
recreation or amusement to:
(1)
Refuse, withhold from or deny to any person because of his race,
color, religion, ancestry, sex, national origin or place of birth,
either directly or indirectly, any of the accommodations, advantages,
facilities, services or privileges, products or goods of such place
of public accommodation, resort or amusement; or
(2)
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,
goods, products, services and privileges of any such place shall be
refused, withheld or denied to any person on account of race, color,
religion, ancestry, sex, national origin or place of birth, or that
the patronage of any person of any particular race, color, religion,
ancestry, sex, national origin or place of birth is unwelcome, objectionable,
or not acceptable, desired or solicited.
(b) For any person whether or not included in 185.08(a), to add, incite,
compel, coerce or participate in the doing of any act declared to
be an unlawful public accommodations practice under this article.
[Ord. 6267, passed 2-27-1969]
It shall be unlawful for any person, whether or not within the
named classifications set forth in this article, to aid, incite, compel,
coerce or participate in the doing of any act declared to be an unlawful
practice under this article, or to obstruct or prevent enforcement
of compliance with the provisions of this article or any rule, regulation
or order of the Commission or to attempt directly or indirectly to
commit any act declared by this article to be an unlawful practice.
[Ord. 6267, passed 2-27-1969]
(a) All contracts of the City and its contracting agencies shall obligate
the contractor to comply with this article and with any State or Federal
law or laws or regulations relating to unlawful employment practices
in connection with any work to be performed thereunder and shall require
the contractor to include a similar provision in all subcontracts.
(b) The Commission shall promulgate rules and regulations for the processing
of complaints of discrimination received under this section.
[Ord. 6267, passed 2-27-1969]
(a) A complaint charging that any person has engaged or is engaging in
any unlawful practice set forth in this article, may be made by the
Commission, by an aggrieved person or by an organization which has
as one of its purposes the combating of discrimination or the promotion
of equal opportunities, and any complaint may be amended by the complainant
or the Commission at any time before final action has been taken by
the Commission, in accordance with such rules and regulations as the
Commission shall prescribe.
(b) The complaint shall be in writing, signed and verified, and include
the name and address of the person or persons alleged to have committed
the unlawful practice and the particulars thereof and such other information
as may be required by the Commission.
(c) The Commission and staff shall make a prompt and full investigation
of each complaint of any unlawful practice.
(d) If the Commission determines that there is no basis for the allegations
in a complaint, the complaint shall be dismissed and the complainant
notified in writing. Within 10 days from the receipt of such notice,
the complainant, or his attorney, may file with the Commission a request
for review and the Commission shall provide the complainant and his
attorney an opportunity to appear before the Commission, a member
thereof, or a staff representative of the Commission. After such a
review, the Commission may reverse its decision, or if the Commission
or its representative determines that there is no basis for the allegation,
the dismissal of the complaint shall be affirmed and there shall be
no further review of such decision.
(e) If the Commission determines after investigation that probable cause
exists for the allegations made in the complaint, it may attempt to
eliminate the unlawful practice by means of private conference or
meetings with all parties. The Commission shall not make public the
details of such informal proceedings, but it may publish the terms
of any agreement when a complaint has been satisfactorily adjusted.
(f) If the Commission determines that a housing accommodation or housing
accommodations involved in a complaint of an unlawful housing practice
under Section 185.07 may be sold, rented or otherwise disposed of
before a determination of the case has been made, and the Commission
believes that there is probable cause for the complaint, the Commission
shall refer the complaint to the Pennsylvania Human Relations Commission.
[Ord. 6267, passed 2-27-1969]
The provisions of this article are severable and if any provision,
sentence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or circumstance,
such illegality, invalidity, unconstitutionality or inapplicability
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections or part of the article or their application to other
persons or circumstances. It is hereby declared to be the legislative
intent that this article would have been adopted if such illegal,
invalid or unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or circumstance
to which the article or any part thereof is applicable had been specifically
exempted therefrom.
[Ord. 6267, passed 2-27-1969]
The provisions of this article, so far as they are the same
as those of ordinances repealed by this article, are intended as a
continuation of such ordinances and not as new enactments. The provisions
of this article shall not affect any act done or any complaint or
proceeding pending under authority of the repealed ordinances. All
rules and regulations adopted pursuant to any ordinance repealed by
this article shall continue with the same force and effect as if such
ordinances had not been repealed.
Whoever violates any provision of this article relating to unlawful
practices, or any rule or regulation pertaining thereto adopted by
the Commission, or any order of the Commission, shall be punished
as provided in Section 101.99.