[HISTORY: Adopted by the Borough Council of the Borough of
North Wales 10-22-2019 by Ord. No. 814. Amendments noted where applicable.]
This chapter shall be known as the "North Wales Borough Human
Relations Ordinance."
A.Â
The North Wales Borough finds that it is of high public importance
to adopt appropriate legislation to ensure that all persons, regardless
of actual or perceived race, color, age, religious creed, ancestry,
sex, national origin, political affiliation, handicap, use of guide
or support animals because of blindness, deafness, hard of hearing,
or physical handicap of the user or the user is a handler or trainer
of support or guide animals, or sexual orientation, gender identity
or gender expression, enjoy the full benefits of citizenship and are
afforded equal opportunities for employment, housing and public accommodation.
B.Â
The Borough Council of the Borough of North Wales hereby declares
it to be the public policy of the Borough to foster equality and equal
opportunity for all citizens, regardless of actual or perceived race,
color, age, religious creed, ancestry, sex, national origin, political
affiliation, handicap or use of guide or support animals because of
blindness, deafness, hard of hearing, or physical handicap of the
user or because the user is a handler or trainer of support or guide
animals, or because of an individual's sexual orientation, gender
identity or gender expression, in all matters affecting employment,
housing and commercial property and public accommodation, and to safeguard
the right of all persons to remain free of discrimination or discriminatory
practices in any of the foregoing aspects of their lives.
C.Â
Nothing in this chapter shall be construed as supporting, endorsing
or advocating any particular doctrine, point of view, or religious
belief. On the contrary, it is the express purpose and intent of this
chapter that all persons be treated fairly and equally, and that all
persons in the North Wales Borough shall be guaranteed fair and equal
treatment under law.
A.Â
BOROUGH
BOROUGH COUNCIL
COMMERCIAL PROPERTY OR HOUSING
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYEE
EMPLOYER
EMPLOYMENT
GENDER IDENTITY OR EXPRESSION
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases, when appearing in this chapter,
shall have the meanings given to them under this section:
The North Wales Borough, Montgomery County, Pennsylvania.
The elected Borough Council of the North Wales Borough, Montgomery
County.
The opportunity for an individual to obtain any commercial
property or housing accommodation for which the individual is qualified.
Any discriminatory act(s) taken by any person, employer,
entity, employment agency, or labor organization, with respect to
or involving a transaction related to employment, public accommodations,
publicly offered commercial property, or housing accommodations on
the basis of a person's actual or perceived race, color, age,
religious creed, ancestry, sex, national origin, political affiliation,
handicap or use of guide or support animals because of blindness,
deafness, hard of hearing, or physical handicap of the user or because
the user is a handler or trainer of support or guide animals, or because
of an individual's sexual orientation, gender identity or gender
expression.
All acts or actions defined in the Pennsylvania Human Relations
Act[1] as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property, or housing
accommodations on the basis of a person's actual or perceived
race, color, age, religious creed, ancestry, sex, national origin,
political affiliation, handicap or use of guide or support animals
because of blindness, deafness, hard of hearing, or physical handicap
of the user or because the user is a handler or trainer of support
or guide animals; or, though not set forth in the Pennsylvania Human
Relations Act, because of an individual's sexual orientation,
gender identity or gender expression.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Includes the Borough, its departments, boards, and commissions,
and any other governmental agency or school district thereof, and
any person employing one or more persons within the Borough, but except
as hereinafter provided; does not include religious fraternal, charitable
or sectarian corporations or associations, except such corporations
or associations supported, in whole or in part, by governmental appropriations.
The opportunity for an individual to obtain employment for
which the individual is qualified.
Self-perception, or perception by others, as male or female,
including an individual's appearance, behavior, or physical characteristics,
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or assigned sex at birth, and shall include, but
is not limited to, persons who are undergoing or who have completed
sex reassignment, are transgender or gender variant.
This chapter, which shall be referred to as the "North Wales
Borough Human Relations 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 Borough, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
The opportunity for an individual to access food, beverages
or lodging, resort or amusement which is open to, accepts or solicits
the patronage of the general public, but shall not include any accommodations
which are in their nature distinctly private.
Actual or perceived homosexuality, heterosexuality, asexuality,
intersexuality and/or bisexuality.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.Â
Discrimination in employment, housing and commercial property, or
any public accommodation is prohibited under this chapter.
B.Â
Retaliation against any individual because such person has opposed
any practice forbidden by this chapter, or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this chapter is prohibited under this chapter.
C.Â
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.
Nothing in this chapter shall bar any religious or denominational
institution or organization or any charitable or educational organization
which is operated, supervised or controlled by or in connection with
any religious organization or any bona fide private or fraternal organization
from giving preference to persons of the same religion or denomination
or to members of such private or fraternal organization from making
such selection as is calculated by such organization to promote the
religious principles or the aims, purposes or fraternal principles
for which it is established or maintained. Nor shall it apply to rental
of rooms in a landlord-occupied rooming house with a common entrance,
nor, with respect to discrimination based on sex, the advertising,
the rental or leasing of housing accommodations in a single-sex dormitory
or rooms in one's personal residence in which common living areas
are shared.
Pursuant to the authority set forth under Section 962.1 of the
Pennsylvania Human Relations Act, 43 P.S. § 962.1, there
is hereby established a Human Relations Commission for the Borough
of North Wales, which shall be known as the "North Wales Borough Human
Relations Commission" (the "Commission").
A.Â
The Commission shall consist of five members, who shall be appointed
to terms of three years by Borough Council. The terms of the members
of the Commission shall be staggered, such that the terms of no more
than two members of the Commission shall expire each year. All members
of the Commission shall be residents or business owners of the North
Wales Borough, cannot be an elected or appointed official of North
Wales Borough, and shall serve without compensation. The initial terms
of the members of the Commission shall be: two members: three years;
two members: two years; one member: one year.
B.Â
The Chairperson of the Commission will designate one member as needed
to receive complaints and conduct an intake meeting with the complainant.
The member charged with this duty shall not participate in any mediations
involving parties to the complaint for which they handled the intake.
C.Â
The Commission shall, annually, designate one member to serve as
Chairperson of the Commission. The Chairperson shall be responsible
for coordinating the activities, meetings, and operations of the Commission,
as set forth under this chapter. The Chairperson shall also report,
from time to time, to Borough Council regarding the activities of
the Commission.
D.Â
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary to acquaint themselves with the functioning of
the Commission under this chapter, as well as the terms, conditions
and provisions of the Pennsylvania Human Relations Act,[1] and the operation of the Pennsylvania Human Relations
Commission. Such training and education shall be as directed by the
Chairperson and shall be performed in conjunction with the State Human
Relations Commission. Members of the Commission must be trained prior
to hearing any complaint under this chapter.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
E.Â
The Commission shall have all of those powers necessary to execute
the duties set forth under this chapter, provided that such powers
shall not exceed those exercised by the Pennsylvania Human Relations
Commission under the Pennsylvania Human Relations Act.
F.Â
The Commission shall operate within the scope of funds which may
be allocated, on an annual basis by Borough Council and shall not
exceed the annual allocation in any year, except upon prior approval
by Borough Council. In adopting this chapter, Borough Council hereby
expresses its intention that the operation of the Commission under
this chapter shall be supported by volunteers, unpaid staff, and volunteer
efforts and shall be as close to "zero-cost" to the Borough as reasonably
feasible.
A.Â
Complaints. Any person claiming to be aggrieved by a practice which is made unlawful under this chapter may make, sign, and file a verified complaint, as provided under Subsection B(1) of this section, alleging violations of this chapter. Such complaint shall, at a minimum, contain the following information:
(1)Â
The name, telephone number, mailing address and email (if applicable)
of the aggrieved person(s);
(2)Â
The name, telephone number, mailing address and email (if applicable)
of the person(s) alleged to have committed the prohibited practice;
(3)Â
A concise statement of the facts, including pertinent dates, time,
locations, people, and acts involved constituting the alleged discriminatory
practice;
(4)Â
Such other information as may be required by the Commission.
B.Â
Procedure.
(1)Â
Complaints may be filed in person at the office of the Borough Manager,
or by mailing such complaints to the Borough offices, to the attention
of the Borough Manager or the member of the Commission designated
to handle intake. All such complaints must be received by the Borough
within 180 days of the occurrence of the last act giving rise to the
complaint or such complaint shall be dismissed as untimely.
(2)Â
The Borough Manager shall transmit all complaints received to the
Chairperson of the Commission, or the member of the Commission designated
to handle intake, not later than 10 Business days of receipt of the
complaint. The Borough Manager shall conspicuously mark the face of
the complaint with the date the document was first received in the
Borough offices.
(3)Â
The Commission may promulgate forms for use by persons wishing to file a complaint; however, complaints which are prepared without the use of an approved form shall be deemed acceptable under this chapter, so long as the facts set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.
(4)Â
The Commission may provide for a process by which persons seeking
to file a complaint may consult with a volunteer affiliated with the
Commission who is trained to assist the prospective complainant in
discerning the facts relevant to the prospective complaint. Such process
shall also include referral of additional information to the prospective
complainant concerning the content of this chapter, the content of
the Pennsylvania Human Relations Act,[1] and the availability of the Pennsylvania Human Relations
Commission as an additional venue within which the prospective complainant
may seek redress when possible.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
C.Â
Notifications and answer. Within 30 days of receipt of a complaint,
the Commission shall:
(1)Â
Send a copy of the complaint to the person(s) charged with a discriminatory
act or practice under this chapter (the "respondent"), together with
a copy of this chapter.
(2)Â
Send a notice to the complainant, informing them that the complaint
has been accepted and processed by the Commission. If the complaint
alleges discrimination on a basis proscribed under federal or state
law, the notice shall also inform the complainant of their right to
file a complaint with the Pennsylvania Human Relations Commission
or the Federal Equal Employment Opportunity Commission as well as
the U.S. Department of Housing and Urban Development, where applicable.
(3)Â
The Commission shall notify the Pennsylvania Human Relations Commission
of the filing of any complaint that may be deemed to be within the
jurisdiction of that Commission, as required under the Human Relations
Act.
(4)Â
The Commission shall also include a notice to both the complainant
and the respondent(s) of their option to elect to proceed to voluntary
mediation in order to resolve the matters giving rise to the complaint.
(5)Â
The respondent(s) shall file a written verified answer to the complaint
within 30 days of service of the complaint. An answer shall be filed
in the same manner as a complaint.
D.Â
Procedure following notification and answer.
(1)Â
Within 30 days of receipt of an answer to a complaint, or, where
no answer is filed, within 60 days of service of the complaint upon
the respondent(s), the Commission shall proceed in accordance with
the following options:
(a)Â
In the event that both parties have consented to mediation,
then the Commission shall refer the matter to a recognized alternative
dispute resolution service, which same service may be provided through
Montgomery County, the Montgomery Bar Association, or any other professional
mediation service provider, or may refer the matter to a licensed
member of the Pennsylvania bar, who may be willing to perform service
to the Commission as a volunteer mediator. Any costs or expenses which
may be associated with the mediation shall be the responsibility of
the parties. The parties shall jointly select the mediator; however,
the Commission shall retain the authority to act as the mediator in
the event the parties have agreed to mediation but cannot jointly
agree on a mediator. Mediation sessions conducted by the Commission
may proceed with a minimum of two eligible Commission members. Mediation
sessions shall remain private and not otherwise subject to public
attendance.
(b)Â
When mediation has resulted in an amicable resolution of the
complaint and the complaint is resolved, the Commission shall notify
the parties that the complaint has been dismissed and shall record
the result of the mediation in the notice of dismissal.
(2)Â
In the event the complaint has not been resolved through mediation,
the parties are entitled to proceed to the Court of Common Pleas in
Montgomery County and/or the Pennsylvania Human Relations Commission
if appropriate.
Nothing contained in this chapter shall be deemed to limit the
right of an aggrieved person to recover under any other applicable
law or legal theory.
This chapter shall not apply to matters which are the subject
of pending or prior filings made by an aggrieved person before any
state or federal court or agency of competent jurisdiction.
A.Â
Any person who shall violate any provision of § 43-4 of this chapter may be subject by the Montgomery County Court of Common Pleas or any court of competent jurisdiction to the penalties enumerated in Section 9(f)(1 and 2), Sections 9.2, 9.3, and Sections 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this chapter shall mirror any
future changes to the Pennsylvania Human Relations Act as adopted
by the General Assembly and approved by the Governor.
[1]
Editor's Note: See 43 P.S. §§ 959 (f)(1) and
(2), 959.2, 959.3, 960 and 961, respectively.
B.Â
This chapter extends the protections of the Pennsylvania Human Relations
Act to include actual or perceived sexual orientation, gender identity
or gender expression.
C.Â
All penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in this chapter.