[Adopted 12-17-2020 by Ord. No. 20-04]
It is the purpose and intent of the Sharpsburg Borough Council to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, disability, marital status, familial status, or veteran status. The Council's purpose in enacting this Subpart 2D is to promote the public health and welfare of all persons who live and work in the Borough of Sharpsburg. It is important for the Borough to ensure that all persons within the Borough have equal access to employment, housing, and public accommodations.
For the purposes of this Subpart 2D, the following terms shall have the following meanings:
An individual's status as having obtained 40 or more years of age.
Any person, corporation, or entity that has a contract to do business with the Borough of Sharpsburg.
Any act, policy or practice that, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, disability, marital status, familial status, or veteran status.
Any individual employed by or seeking employment from an employer, excluding any individual employed by his or her parents, spouse, or child.
A person who employs one or more employees in the Borough of Sharpsburg, or any agent of such person. Employer shall include the Borough of Sharpsburg and any Borough contractor.
An individual's past, current or prospective status as parent or legal guardian to a child or children below the age of 18 who may or may not reside with that individual.
The manner in which a person's gender identity is communicated to others, through appearance, dress, behavior, mannerisms, or other traits. An individual's physical characteristics, chromosomal sex, sex designated at birth, or engagement or lack thereof in gender-affirming healthcare, has no bearing on an individual's gender expression.
The actual or perceived gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.
Includes 1) 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 2) any vacant land publicly offered for sale or lease for the purpose of constructing or locating thereon any such building, structure, mobile home site or facility. This provision shall not apply to the rental or leasing of a room or rooms in an owner-occupied, single-family residential property, or a carriage house or a garage on an owner-occupied, single-family residential property. However, this provision shall apply to single-family homes that are not owner-occupied, multiunit apartment buildings, whether or not owner-occupied, with two or more dwelling units.
An individual's past, current, or prospective status as single, married, domestically partnered, divorced, or widowed.
An individual's or his or her ancestor's place of origin.
The Pennsylvania Human Relations Act of 1955, P.L. 744, No. 222, 43 P.S. §§ 951 through 963, as amended.
Any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds. The term does not include any private club, bona fide membership organization, or other establishment that is not in fact open to the public.
All aspects of religious belief, observance, and practice.
Actual or perceived homosexuality, heterosexuality, or bisexuality.
An individual's status as one who served in the active military, naval or air service.
The right of an otherwise qualified person to be free from discrimination because of that person's real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, disability, marital status, familial status, or veteran status is recognized as and declared to be a civil right. This right shall include, but not be limited to, all of the following:
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The right to obtain and hold employment and the benefits associated therewith without discrimination.
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The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement without discrimination.
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The right to engage in property transactions, including obtaining housing for rental or sale and credit therefor, without discrimination.
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The right to exercise any right granted under this Subpart 2D without suffering coercion or retaliation.
Notwithstanding the foregoing, the following are not discriminatory practices prohibited by § 1-243 of this Subpart 2D:
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A religious corporation, association, or society that employs an individual of a particular religion to perform work connected with the performance of religious activities by the corporation, association, or society.
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An employer who observes the conditions of a bona fide affirmative action plan or a bona fide seniority system which is not a pretext to evade the purposes of this Subpart 2D.
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The ordinance shall comply with the Act with respect to housing discrimination related to housing for older persons, as that term is defined in the Act.
The purpose of the Sharpsburg Human Rights Commission ("Commission") shall be to promote principles of diversity, inclusion, and harmony in the Borough of Sharpsburg through education, community events, the provision of advice to the Borough Council and Mayor, and through receiving and resolving complaints filed under this Subpart 2D. No power or duty granted hereunder to the Sharpsburg Human Relations Commission is intended to exceed, nor shall it be construed as exceeding, those powers and duties granted to the Pennsylvania Human Relations Commission by the Pennsylvania Human Relations Act.
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Composition. The Commission shall be composed of five members who shall be broadly representative of the population of the Borough and appointed by Borough Council. The members shall serve a term of four years without limitation. The members shall serve without compensation, but may be reimbursed for expenses necessary to conduct the responsibilities of the Commission when authorized by Council. The members shall elect annually a Chair, Vice Chair, Secretary, and other officers as deemed necessary. The members shall make recommendations to Borough Council of an appointee or appointees for unfulfilled or expired terms. The members shall only assume their role on the Commission after the Mayor administers an oath of office.
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Governance. The Commission shall formulate its own procedures, and may create task forces or committees as it deems appropriate. These procedures are subject to review by the Mayor and Borough Council. The Chairperson will coordinate with the Allegheny County Human Relations Commission (ACHRC) for trainings around LGBT issues and mediation technique for Commissioners. The Chairperson may delegate responsibility for Commission duties to specific Commissioners.
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Responsibilities. The responsibilities of the Commission include managing Commission records and accounts, developing public education programs, providing training for Commission members, managing citizen complaints, and any other tasks needed to help the Commission perform its functions. On an annual basis, the Commission shall operate within the scope of funds which may be allocated by Borough Council and shall not exceed the annual allocation in any year, except upon prior approval by Borough Council. In adopting this Subpart 2D, Borough Council hereby expresses its intention that the operation of the Commission under this Subpart 2D shall be supported by volunteers and shall be as close to "zero-cost" to Sharpsburg Borough as reasonably feasible.
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Activities. The Commission shall receive, investigate, hold mediations and pass upon complaints alleging violations of this Subpart 2D. It shall present an annual report to the Borough Council and Mayor of its activities; it shall develop public education programs regarding compliance with this Subpart 2D and equal opportunity and treatment of all individuals; and it shall engage in any other necessary action to effectuate its purpose and duties.
Subject to the procedures the Commission develops, the Commission shall receive, investigate, hold mediations and pass upon complaints alleging violations of this Subpart 2D. If a complaint is not successfully conciliated, the Commission shall hear the matter and make a determination as to whether a violation of this Subpart 2D has occurred.
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Any person(s) claiming to be aggrieved by an unlawful practice may make, sign and file a complaint alleging violation(s) of this chapter, which shall include the following information:
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The name and address of the aggrieved person(s);
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The name and address of the person(s) alleged to have committed the prohibited practice;
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Particularity of the case, a statement of the facts, including pertinent dates, constituting the alleged unlawful practice;
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If applicable, the address and a description of any housing accommodation, commercial property, employer or public accommodation that is involved; and
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Such other information as may be required by the Commission.
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Complaints may be filed in person or by mail at the Borough's office. All complaints must be received by the Borough office within 180 days from the alleged unlawful practice or, for an ongoing unlawful practice 180 days of the last date the alleged practice occurred, or the complaint will not be considered timely. The time limits for filing any complaint or other pleading under this act shall be subject to waiver, estoppel and equitable tolling.
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A staff person at the Sharpsburg Borough office shall record the date and time of receiving the complaint and shall immediately, within 30 days forward a complete copy to the Chairperson of the Sharpsburg Human Relations Commission.
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The Commission may, on its own motion, independently initiate a complaint for a violation of the unlawful practices.
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Whenever the Commission has information whereby it has reason to believe than an unlawful discriminatory practice has occurred, the Commission may, on its own motion, file a complaint.
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Commission-initiated complaints shall be filed in accordance with this section, with the name and address of the complainant being the Commission, and signed by the Chairperson of the Commission or the Chairperson's designee on behalf of the Commission.
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When the allegation alleges a violation that comes under the jurisdiction of the Pennsylvania Human Relations Commission, the Sharpsburg Human Relations Commission will assist the complainant to immediately dual file their allegation with the Pennsylvania Human Relations Commission.
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Within 30 days of its receipt of a complaint, the Commission shall determine if it has jurisdiction hereunder to process the complaint. If the Commission determines that it does not have such jurisdiction, it shall dismiss the complaint and notify the aggrieved party. If the Commission determines it has jurisdiction over the complaint, it shall proceed as follows:
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Send a copy of the complaint to the person(s) charged with an unlawful practice (the "respondent") and to the Pennsylvania Human Relations Commission; and
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Send a notice to the person(s) aggrieved (the "complainant"), informing them that the complaint has been received. If the complaint alleges discrimination on a basis proscribed under federal law, the notice to the complainant shall also provide information of a possible right to file with the Federal Equal Employment Opportunity Commission and inform the complainant how to do so.
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The respondent shall file with the Borough office a written answer to the complaint within 30 days of service of the complaint. The answer shall be conveyed by the Borough office to the Chairperson of the Sharpsburg Human Relations Commission within 10 days of its receipt by the Borough office. The Commission shall promptly send a copy of the answer to the complainant.
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At any time after the filing of a complaint, the Commission shall dismiss with prejudice a complaint which, in its opinion is untimely with no grounds for equitable tolling, outside its jurisdiction or frivolous on its face.
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The Commission shall provide mediation and meeting facilitation at no charge to complainants and respondents who are willing to mediate a resolution of the complaint.
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After the answer has been received, the Commission shall, within 30 days, invite the parties to voluntarily participate in the mediation of their dispute. The parties shall respond to the invitation to mediate within 30 days of being invited to mediate. Mediation shall be conducted in accordance with regulations promulgated by the Commission and approved by the Borough Council. See Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Borough offices.
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The Commission shall select a mediator from either the Allegheny County Human Relations Commission, the Pennsylvania Human Relations Commission, the Allegheny County Bar Association, or other similarly qualified mediator of the Commission's choosing. At least three members of the Commission shall provide any additional support for the mediation process as requested by the mediator or the parties.
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The parties shall notify the Commission as to whether the mediation successfully resolved the complaint. Mediation proceedings shall otherwise be confidential. Nothing learned in mediation can be independently used in further proceedings of the complaint, including the investigation or conciliation as provided for in this Subpart 2D. Neither the results thereof nor any record made in connection therewith shall be made public unless agreed to in writing by both parties to the dispute.
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Dismissal of the complaint following mediation.
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If the mediation has successfully resolved the complaint, the Commission shall promptly notify the parties that it has dismissed the complaint.
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If the mediation has not successfully resolved the complaint, and if the complaint alleges a violation of this Subpart 2D which is also proscribed under the Pennsylvania Human Relations Act, the Commission shall notify the parties that the complaint has been dismissed, and refer the complaint to the Pennsylvania Human Relations Commission for further proceedings.
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If the mediation has not successfully resolved the complaint, and only if the complaint alleges a violation of this chapter which is not otherwise proscribed under the Pennsylvania Human Relations Act and over which the Pennsylvania Human Relations Commission does not have jurisdiction, the Commission shall advise the complainant of their right to proceed to common pleas court when the Pennsylvania Human Relations Commission does not have jurisdiction. Actions under this subsection shall be filed within two years after the date of notice from the Sharpsburg Commission closing the complaint.
This Subpart 2D may not be construed to limit any other remedies available under local, state, or federal law.
