[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Gwynedd 5-10-2022 by Ord. No. 529. Amendments noted where
applicable.]
A.
Foster the employment of all individuals in accordance with their
fullest capacities regardless of actual or perceived race, color,
national origin, immigration status, ancestry, religious creed, age,
sex, sexual orientation, gender identity, gender expression, veteran
status, marital status, familial status, genetic information, handicap
or disability, or use of an assistance animal to enjoy the full benefits
of being a resident of the Township and to safeguard their right to
obtain and hold employment without such discrimination;
B.
To secure housing accommodation and commercial property without regard
to actual or perceived race, color, national origin, immigration status,
ancestry, religious creed, age, sex, sexual orientation, gender identity,
gender expression, veteran status, marital status, familial status,
genetic information, handicap or disability, or use of an assistance
animal to enjoy the full benefits of being a resident of the Township;
and
C.
To assure equal opportunities to all individuals and to safeguard
their right to public accommodation without regard to actual or perceived
race, color, national origin, immigration status, ancestry, religious
creed, sex, sexual orientation, gender identity, gender expression,
veteran status, marital status, familial status, genetic information,
handicap or disability, or use of an assistance to enjoy the full
benefits of being a resident of the Township.
D.
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 Lower Gwynedd
Township.
E.
This chapter shall be deemed an exercise of the police power of Lower
Gwynedd Township for the protection of the public peace, prosperity,
health and welfare of its residents and the Township community.
F.
No power or duty granted hereunder to the Lower Gwynedd Township
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.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section. To the extent words
and phrases appearing in this chapter are not expressly defined herein,
their meaning for purposes of this chapter shall be the same as such
words are defined in the Pennsylvania Human Relations Act and such
words, if not therein defined, shall be construed consistently with
the Pennsylvania Human Relations Act.
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,
commercial property or housing accommodations, on the basis of a person's
actual or perceived race, color, national origin, immigration status,
ancestry, religious creed, age, sex, sexual orientation, gender identity,
gender expression, veteran's status, marital status, familial
status, genetic information, handicap or disability, or use of an
assistance animal.
All acts or actions defined in the Pennsylvania Human Relations
Act as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations, when those acts or actions are taken on the basis
of a person's actual or perceived race, color, national origin,
immigration status, ancestry, religious creed, age, sex, sexual orientation,
gender identity, gender expression, veteran's status, marital
status, familial status, genetic information, handicap or disability,
or use of an assistance animal.
Any person, as defined in this section, including any other
government agency or school district within its jurisdiction, employing
one or more individuals within the Township, but 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. "Employer" excludes individuals
acting in a supervisory capacity unless they are an owner of the entity
employing the complainant. To avoid possible conflicts, the Township
shall be exempt from this chapter. Claims made against the Township
shall be referred to the Pennsylvania Human Relations Commission or
appropriate entities.
The Fair Housing Act, P.L. 90-284, 42 U.S.C. § 3601,
et seq., as amended.
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.
A person's identity as it relates to the gender spectra,
regardless of physical characteristics, chromosomal sex, sex designated
at birth, or engagement or lack thereof in gender affirming healthcare.
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.
The Pennsylvania Human Relations Act of 1955, P.L. 744, No.
222, 43 P.S. §§ 951-963, as amended.
One or more individuals, partnerships, associations, organizations,
corporations, limited liability entities, legal representatives, trustees
in bankruptcy or receivers, including, but not limited to, any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, or lending institution.
Includes any 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 and which are not distinctly private,
as well as the definition of public accommodation, resort, or amusement,
as defined in the Pennsylvania Human Relations Act.
An individual's identified or perceived engagement in,
or desire for, sexual, physical, or romantic relationships with a
person of a particular sex, gender, gender identity, or gender expression.
Lower Gwynedd Township, Montgomery County, Commonwealth of
Pennsylvania.
The duly elected Board of Supervisors of Lower Gwynedd Township.
The use of an animal that works, provides assistance or performs
tasks for the benefit of a person with a disability, or that provides
emotional support that alleviates one or more identified effects of
a person's disability, which includes use of guide or support
animals because of the blindness, deafness or disability of the user
or because the user is a handler or trainer of support or guide animals.
An assistance animal is not a pet.
A.
Unlawful discrimination and discriminatory acts in housing accommodations,
publicly offered commercial property transactions, employment, public
accommodations, access to educational institutions or use of an assistance
animal is prohibited under this chapter.
B.
It is unlawful for any person to retaliate 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.
It is unlawful for any person to aid, abet, incite, compel or coerce
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.
A.
Nothing contained herein shall apply to a religious corporation,
association, educational institution or society with respect to the
employment of individuals of a particular religion to perform work
directly connected with carrying out of its religious activities.
B.
Nothing contained herein shall bar any religious or denominational
institution or organization, or any organization operated for charitable
or educational purposes which is operated, supervised or controlled
by or in connection with a religious organization, from limiting admission
to or giving preference to persons of the same religion or denomination
with regard to the occupancy, leasing, sale or purchase of any housing
accommodation.
C.
An employer shall not be prevented from enforcing a dress code which
is reasonably related to the business or profession being conducted,
provided that employees are allowed to follow the dress code required
of others with the same gender identity or gender expression.
D.
To avoid possible conflicts of interest, this chapter shall not apply
to the Township as an employer. Claims against the Township shall
be referred to the Pennsylvania Human Relations Commission or appropriate
entity.
A.
Pursuant to § 962.1 of the Pennsylvania Human Relations
Act, the Township hereby establishes a Human Relations Commission
in and for the Township (hereinafter referred to as the "Lower Gwynedd
Township Human Relations Commission" or the "Commission").
B.
The Commission shall consist of five members. Of the inaugural members,
two shall serve three-year terms, two shall serve two-year terms,
one shall serve a one-year term. Thereafter, members shall serve terms
of three years each. All members of the Commission shall be appointed
by the Board of Supervisors and shall be Township residents. Members
of the Commission shall serve without compensation with respect to
any and all duties performed under this chapter but may be reimbursed
reasonable expenses incurred in the performance of their duties, as
approved by the Board of Supervisors. Members shall not hold office
in any political, appointed or elected public office. On the expiration
of a term, a reappointment may be made by the Board of Supervisors
at its discretion for a new three-year term commencing at the end
of the completed term.
C.
One of the Commission's members shall be appointed by the Board
of Supervisors as Chairperson. The Chairperson will be responsible
for setting Commission meetings, coordinating with the Township Manager
regarding receiving complaints and answers, and generally ensuring
that the duties of the Commission are fulfilled. The Chairperson will
coordinate with the Pennsylvania Human Relations Commission and Governor's
Director of LGBT issues for trainings around LGBT issues and mediation
technique for commissioners. The Chairperson may delegate responsibility
for Commission duties to specific Commissioners.
D.
The Commission shall have jurisdiction over unlawful discriminatory
acts committed within the Township.
E.
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, and the operation
of the Pennsylvania Human Relations Commission. Such training and
education shall be as directed by the Chairperson, or the Chairperson's
designee on the Commission, and shall be performed in conjunction
with the Pennsylvania Human Relations Commission.
F.
On an annual basis, the Commission shall operate within the scope
of funds which may be allocated by the Board of Supervisors and shall
not exceed the annual allocation in any year, except upon prior approval
by the Board of Supervisors.
G.
The Board of Supervisors hereby grants to the Commission, with respect
to unlawful Discriminatory Acts as defined herein, all of the powers
necessary to the execution of its duties authorized by the Pennsylvania
Human Relations Act and as set forth below.
H.
The Commission shall be empowered to promulgate additional regulations
as it determines to be necessary or desirable to implement the intent
of this chapter subject to review and approval of the Board of Supervisors.
(1)
Promote mutual understanding, respect and cooperation among all racial,
cultural, religious, ethnic, nationality and other groups within the
Township; and
(2)
Cooperate with and assist other organizations, public or private,
to improve relationships among the citizens of the Township; and
(3)
Conduct educational programs for furtherance of the improvement of
human relations in the Township; and
(4)
Act as a referral group related to complaints of alleged discrimination
within the Township and, wherever possible, the Commission shall refer
the complainants to appropriate social, civic or government agencies
for further action; and
(5)
The Commission may itself independently authorize the initiation
of complaints of unlawful discriminatory acts subject to specific
grounds, as set forth in this chapter; and
A.
Filing a complaint.
(1)
Any person(s) claiming to be aggrieved by an unlawful discriminatory
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); and
(b)
The name and address of the person(s) alleged to have committed
the prohibited practice; and
(c)
Particularity of the case, a statement of the facts, including
pertinent dates, constituting the alleged unlawful discriminatory
practice; and
(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 Township's
office. All complaints must be received by the Township Manager's
office within 180 days from the alleged unlawful discriminatory practice
or, for an ongoing unlawful discriminatory 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 Township Office shall record the date and time
of receiving the complaint and shall within 10 days forward a complete
copy to the Chairperson of the Commission.
(4)
The Commission may, on its own motion, independently initiate a complaint
for a violation of an unlawful discriminatory practice.
(5)
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.
(6)
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.
(7)
When the allegation alleges a violation that comes under the jurisdiction
of the Pennsylvania Human Relations Commission, the Lower Gwynedd
Township Human Relations Commission will assist the complainant to
immediately dual file their allegation with the Pennsylvania Human
Relations Commission.
B.
Notification and answer.
(1)
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 discriminatory 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.
(c)
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.
(d)
The respondent shall file with the Township Office a written
answer to the complaint within 30 days of service of the complaint.
The answer shall be conveyed by the Township Office to the Chairperson
of the Commission within 10 days of its receipt by the Township Office.
The Commission shall promptly send a copy of the answer to the complainant.
(e)
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.
C.
Mediation.
(1)
The Commission shall provide mediation and meeting facilitation at
no charge to complainants and respondents who are willing to mediate
a resolution of a complaint.
(2)
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 Board of Supervisors.
(3)
The Chairperson of the Commission shall select a mediator, who may
be either a member of the Commission or a volunteer from the community.
(4)
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. 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.
(5)
Status 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 chapter which is
also proscribed under the Pennsylvania Human Relations Act, the Commission
shall notify the parties that the complaint has been referred 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, the Commission shall advise the complainant of their right to
proceed to common pleas court. Actions under this subsection shall
be filed within two years after the date of notice from the commission
closing the complaint.
D.
Reports. The Commission shall keep records of its meetings and activities.
The Commission shall provide advisory reports to Board of Supervisors
as needed or requested.
E.
Remedies. If a complainant brings an action in the common pleas court,
the common pleas court shall have the power to award the remedies
that are provided in the Pennsylvania Human Relations Act.
Having exhausted the administrative remedies set forth herein,
an aggrieved person shall have the right to pursue any rights or causes
of action at law or in equity to which such person may be entitled.
