[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:
1.
The right to obtain and hold employment and the benefits associated
therewith without discrimination.
2.
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.
3.
The right to engage in property transactions, including obtaining
housing for rental or sale and credit therefor, without discrimination.
4.
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:
1.
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.
2.
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.
3.
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.
1.
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.
2.
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.
3.
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.
4.
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.
1.
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:
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.
Particularity of the case, a statement of the facts, including pertinent
dates, constituting the alleged unlawful practice;
D.
If applicable, the address and a description of any housing accommodation,
commercial property, employer or public accommodation that is involved;
and
E.
Such other information as may be required by the Commission.
2.
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.
3.
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.
4.
The Commission may, on its own motion, independently initiate a complaint
for a violation of the unlawful practices.
A.
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.
B.
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.
C.
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.
5.
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:
A.
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
B.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Dismissal of the complaint following mediation.
A.
If the mediation has successfully resolved the complaint, the Commission
shall promptly notify the parties that it has dismissed the complaint.
B.
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.
C.
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.
