In order to assure that all persons regardless of race, color,
religion, national origin, ancestry or sex, gender identity or expression,
sexual orientation, disability, age or use of a guide or support animal
because of blindness, deafness or physical disability enjoy the full
benefits of citizenship and are afforded equal opportunities for employment,
housing and use of public accommodation facilities, it is necessary
that appropriate legislation be enacted.
Nothing in this Ordinance shall be construed as supporting or
advocating any particular doctrine, position, point of view, life
style, or religious view. To the contrary, it is the intention of
this Ordinance that all persons are treated fairly and equally, and
it is the express intent of this Ordinance to guarantee fair and equal
treatment under law to all people of Mt. Lebanon.
The following words, terms and phrases when use in this Ordinance
shall be defined as follows, unless the context clearly indicates
otherwise:
Being in compliance with the applicable standards set forth
in the following:
Includes any person 40 years of age or older and shall also
include any other person so protected by further amendment to the
Federal Age Discrimination in Employment Act.
Any building, structure or facility, or portion thereof, which
is used, occupied or is intended, arranged or designed to be used
or occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation; and
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
facility, business concern or public accommodation.
The Equal Opportunity Board of Mt. Lebanon, Pennsylvania.
Herein referred to as Disability with respect to a person
means:
Physical or mental impairment which substantially limits one
or more of such person’s major life activities;
Record of such an impairment; or
Regarded as having such an impairment, but such term does not
include current, illegal use of or addition to a controlled substance,
as defined in Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. §802).
For employment, disability means a non-job-related disability.
A non-job-related disability is a limitation of a major life function
which does not substantially interfere with the ability to perform
the essential functions of the employment which a person applies for,
is currently working at or has worked in the past. Uninsurability
or increased cost of insurance under a group or employee insurance
plan does not render a disability job related.
Any exclusion, denial, intimidation, coercion, difference
or segregation in treatment in hiring, referring for hire, promotion,
training; in membership in employee or labor organizations, in the
advertisement, sale, lease, rental, financing or zoning of housing;
or in rendering service in places of public accommodation because
of protected class based upon race, color, religion, national origin,
ancestry or sex, gender identity or expression, sexual orientation,
disability, familial status (in housing only), age or use of a guide
or support animal because of blindness, deafness or physical disability
of any individual or independent contractor or because of the disability
of an individual with whom the person is known to have an association.
Does not include:
Any individuals who, as a part of their employment, reside in
the personal residence of the employer; or
Any individual employed by said individual’s parents,
spouse or child;
Those employed by religious, fraternal, charitable or sectarian
corporations or associations in the direct provision of services of
the organization wherein membership is a bona fide occupational qualification,
except such corporations or associations supported, in whole or in
part, by government appropriations.
Any person who employs four or more employees, exclusive
of the parents, spouse or children of such person, including Mt. Lebanon,
its departments, boards, commissions and authorities, 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 Mt. Lebanon appropriations.
Includes any person regularly undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer or place employees.
Public Law 90-284, 42 U.S.C. §3601 et seq., as amended.
One or more individuals who have not attained the age of
18 years being domiciled with:
A Parent or other person having legal custody of such individual
or individuals; or
The designee of such parent or other person having such custody,
with the written permission of such parent or other person.
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The protections afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant or is
in the process of securing legal custody of any individual who has
not attained the age of 18 years.
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Self-perception, or perception by others, as male or female,
including a person’s appearance, mannerisms, expression, behavior,
or other gender-related characteristics, that may be in accord with,
or opposed to, one’s physical anatomy, chromosomal sex, or sex
assigned at birth.
A dog or miniature horse that is individually trained to
do work or perform tasks for people with disabilities.
Include:
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
Any vacant land offered for sale lease or held for the purpose
of constructing or locating thereon any such building, structure,
mobile home site or facility. The term “housing accommodation”
shall not include any personal residence offered for rent by the owner
thereof.
Housing:
Provided under any State or Federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons as defined in the State or
Federal program; or,
Is intended for, and solely occupied by persons 62 years of
age or older; or,
Is intended and operated for occupancy by at least one person
55 years of age or older per unit
In determining whether housing qualifies as housing for older
persons under this Subsection (3) of this defination, the Board’s
requirements shall include but not be limited to the following:
Housing shall not fail to meet the requirements for housing
for older persons by reason of unoccupied units provided, that such
units are reserved for occupancy by persons who meet the age requirements
of this §1102.15.3.
Includes any person who is subject to the provisions governing
any of the professions and occupations regulated by state licensing
laws enforced by the Bureau of Professional and Occupational Affairs
in the Department of State, or is included in the Fair Housing Act.
Includes 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.
Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business
of lending money or guaranteeing loans.
Includes lessee, sublessee, assignee, manager, agent, or
any other person having the right of ownership or possession or the
authority to sell, rent or lease any housing accommodation, including
Mt. Lebanon and its departments, authorities, boards and commissions.
Public Law 744, No. 222 as amended.
Includes one or more individuals, partnerships, associations,
organizations, corporations, legal representatives, trustees in bankruptcy
or receivers. It also includes, but is not limited to, any owner,
lessor, assignor, builder, manager, broker, salesman, agent, employee,
independent contractor, lending institution and all authorities, boards
and commissions thereof.
A building or structure containing living quarters occupied
or intended to be occupied by no more than two individuals, two groups
or two families living independently or each other and use by the
owner thereof as a bona fide residence for himself and any members
of his family forming his household.
Any person legally protected from discrimination based upon
race, color, religion, national origin, ancestry or sex, gender identity
or expression, sexual orientation, disability, familial status (in
housing only), age or use of a guide or support animal because of
blindness, deafness or physical disability of any individual or independent
contractor, or because of the disability of an individual with whom
the person is known to have an association.
Any place which is open to, accepts or solicits the patronage
of the general public or offers goods or services to the general public,
including loans, or is listed in the Pennsylvania Human Relations
Act, Section 4(1), but shall not include any personal professional
services which are in their nature distinctly private.
Any of the following:
The making or purchasing of loans or providing other financial
assistance for purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
The purchasing, constructing, improving, repairing or maintaining
a housing accommodation or commercial property; or
The selling, brokering, using as collateral or appraising of
real property.
Male or female, and includes pregnancy.
Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by others, whether such perception
is accurate.
It shall be unlawful employment practice, because of race, color,
religion, national origin, ancestry or sex, gender identity or expression,
sexual orientation, disability, age or use of a guide or support animal
because of blindness, deafness or physical disability of any individual
or independent contractor or because of the disability of an individual
with whom the person is known to have an association:
1103.1.
For any employer to refuse to hire
or employ or contract with, or to bar or to discharge from employment
such individual or independent contractor, or to otherwise discriminate
against such individual or independent contractor with respect to
compensation, hire, tenure, terms, conditions or privileges of employment
or contract, if the individual or independent contractor is the best
able and most competent to perform the services required.
1103.1.1.
The provision of this paragraph shall not apply, to (1) operation
of the terms or conditions of any bona fide retirement or pension
plan which have the effect of a minimum service requirement, (2) age
limitations placed upon entry into bona fide apprenticeship programs
of two years or more approved by the State Apprenticeship and Training
Council of the Department of Labor and Industry.
1103.1.2.
Notwithstanding any provision of this section, it shall not be an
unlawful employment practice for a religious corporation or association
to hire or employ on the basis of sex in those certain instances where
sex is a bona fide occupational qualification because of the religious
beliefs, practices, or observances of the corporation, or association.
1103.2.
For any employer, employment agency, or labor organization,
prior to the employment, contracting with an independent contractor
or admission to membership, to:
1103.2.1.
Elicit any information or make or keep a record of or use any form
of application or application blank containing questions or entries
concerning the protected class of any applicant for employment or
membership. Prior to an offer of employment, an employer may not inquire
as to whether an individual has a disability or as to the severity
of such disability. An employer may inquire as to the individual’s
ability to perform the essential functions of the employment.
1103.2.2.
Print or publish or cause to be printed or published any notice or
advertisement relating to employment or membership indicating any
preference, limitation, specification or discrimination based upon
protected class.
1103.2.3.
Deny or limit, through a quota system, employment or membership because
of protected class.
1103.2.4.
Substantially confine or limit recruitment or hiring of individuals,
with intent to circumvent the spirit and purpose of this act, to any
employment agency, employment service, labor organization, training
school or training center or any other employee-referring source which
services individuals who are predominantly of the same protected class.
1103.2.5.
Deny employment because of a prior disability.
1103.2.6.
To exclude or otherwise deny equal jobs or benefits to a person because
of the disability of an individual with whom the person is known to
have a relationship or association.
1103.2.7.
For any labor organization because of protected class to deny full
and equal membership rights to any individual or otherwise to discriminate
against such individuals with respect to hire, tenure, terms, conditions
or privileges of employment or any other matter, directly or indirectly,
related to employment.
1103.2.8.
For any person, employer, employment agency, or labor organization
to discriminate in any manner against any individual because such
individual has opposed any practice forbidden by this act, or because
such individual has made a charge, testified or assisted, in any manner,
in any investigation, proceeding or hearing under this act; or
To aid, abet, incite, compel or coerce the doing of any act
declared by this section to be an unlawful discriminatory practice,
or to obstruct or prevent any person from complying with the provisions
of this act or any order issued thereunder, or to attempt, directly
or indirectly, to commit any act declared by this section to be an
unlawful discriminatory practice.
1103.2.9.
For any employment agency to fail or refuse to classify properly,
refer for employment or otherwise to discriminate against any individual
because of protected class.
1103.2.10.
This Section shall not be construed to prohibit the refusal
to hire or the dismissal of a person who is not able to function properly
in the job applied for or engage in.
Nothing in this Section shall bar any institution or organization
for persons with disabilities from limiting or giving preference in
employment or membership to disabled person.
It shall be unlawful housing practice for any person to:
1104.1.
Because of race, color, religion,
national origin, ancestry or sex, gender identity or expression, sexual
orientation, disability, familial status (in housing only), age or
use of a guide or support animal because of blindness or because the
user is a handler or trainer of support or guide animals, deafness
or physical disability of any individual or independent contractor
or because of the disability of an individual with whom the person
is known to have an association:
1104.1.1.
Refuse to sell, lease, finance or otherwise to deny or withhold any
housing accommodation or commercial property because of protected
class to any person, prospective owner, occupant or user of such housing
accommodation or commercial property.
1104.1.2.
Evict or attempt to evict an occupant of any housing accommodation
before the end of the term of a lease because of pregnancy or the
birth of a child.
1104.2.
Refuse to lend money, whether or not secured by mortgage or
otherwise for the acquisition, construction, rehabilitation, repair
or maintenance of any housing accommodation or commercial property
or otherwise withhold financing of any housing accommodation or commercial
property from any person because of protected class.
1104.3.
Discriminate against any person in the terms or conditions of
selling or leasing any housing accommodation or commercial property
or in furnishing facilities, services or privileges in connection
with the ownership, occupancy or use of any housing accommodation
or commercial property because of protected class.
1104.4.
Refuse to permit, at the expense of a person with a disability,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modification may be necessary to afford such
person full enjoyment of the premises, except that, in the case of
a rental the landlord may, where it is reasonable to do so, grant
permission for a modification if the renter agrees to restore the
interior of the premises to the condition that existed before the
modification, with reasonable wear and tear excepted.
1104.5.
Refuse to make reasonable accommodations in rules, policies,
practices or services when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy a housing accommodation.
1104.6.
Discriminate against any person in the terms or conditions of
any loan of money, whether or not secured by mortgage or otherwise
for the acquisition, construction, rehabilitation, repair or maintenance
of housing accommodation or commercial property because of protected
class.
1104.7.
Print, publish, circulate or cause to be made any statement
or advertisement: (i) relating to the sale, lease or acquisition of
any housing accommodation or commercial property or the loan of money,
whether or not secured by mortgage, or otherwise for the acquisition,
construction, rehabilitation, repair or maintenance of any housing
accommodation or commercial property which indicates any preference,
limitation, specification, or discrimination based upon protected
class.
1104.8.
Make any inquiry, elicit any information, make or keep any record
or use any form of application, containing questions or entries concerning
protected class in connection with the sale or lease of any housing
accommodation or commercial property or loan of any money whether
or not secured by mortgage or otherwise for the acquisition, construction,
rehabilitation, repair or maintenance of any housing combination or
commercial property.
1104.9.
Construct, operate, offer for sale, lease or rent or otherwise
make available housing or commercial property which is not accessible.
It shall be unlawful real estate practice to:
1105.1.
Deny any person access to or membership
or participation in any multiple-listing service, real estate brokers’
organization or other service, organization, or facility relating
to the business of selling or renting dwellings or commercial property,
or to discriminate against him in the terms or condition of such access,
membership, or participation, on account of protected class.
1105.2.
For any person or other entity whose business includes engaging
in real estate-related transactions to discriminate against any person
in making available such a transaction, or in the terms or conditions
of such a transaction, because of protected class.
1105.3.
Induce, solicit or attempt to induce or solicit for commercial
profit any listing, sale or transaction involving any housing accommodation
or commercial property by representing that such housing accommodation
or commercial property is within any neighborhood, community or area
adjacent to any other area in which there reside, or do not reside,
persons of any particular protected class.
1105.4.
Discourage, or attempt to discourage, the purchase or lease
of any housing accommodation or commercial property by representing
that such housing accommodation or commercial property is within any
neighborhood, community or area adjacent to any other area in which
there reside, or may in the future reside in increased or decreased
numbers, persons of any protected class.
1105.5.
Misrepresent, steer, create or distort a circumstance, condition
or incident for the purpose of fostering the impression or belief,
on the part of any owner, occupant or prospective owner or occupant
of any housing accommodation or commercial property, that such housing
accommodation or commercial property is within any neighborhood, community
or area adjacent to any other area which would be adversely impacted
by the residence, or future increased or decreased residence, of persons
of any protected class.
1105.6.
In any way misrepresent or otherwise misadvertise within a neighborhood
or community, whether or not in writing, that any housing accommodation
or commercial property within such neighborhood or community is available
for inspection, sale, lease, sublease or other transfer, in any context
where such misrepresentation or misadvertising would have the effect
of fostering an impression or belief that there has been or will be
an increase in real estate activity within such neighborhood or community
due to the residence, or anticipated increased or decreased residence,
of persons of any protected class.
1105.7.
For any person to harass, threaten, intimidate, harm, damage
or otherwise penalize any person, group or business because he or
they exercised or encouraged others to exercise their rights under
this Ordinance, or because he or they have complied with the provisions
of this Ordinance, or enjoyed the benefits of this Ordinance, or because
he or they have made a charge, testified or assisted in any manner
in any investigation, proceeding or hearing hereunder.
1105.8.
For any person to aid, abet, incite, induce, compel or coerce
the doing of an unlawful practice prohibited by this Ordinance or
to obstruct or prevent any person from complying with the provisions
of this Ordinance or any order issued hereunder.
1105.9.
For any person who with intent to mislead in any proceeding
under this Act to destroy or mutilate, falsify, alter or refuse to
supply records and documents produced pursuant to subpoena or other
lawful order under this section.
1105.10.
Exceptions.
1105.10.1.
Nothing in this Act prohibits a person engaged in the business
of furnishing appraisals of real property to take into consideration
factors other than race, color, religious creed, ancestry, national
origin, sex, gender identity or expression, sexual orientation, age,
disability, use of a guide or support animal because of a physical
disability or because the user is a handler or trainer of guide or
support animals, or familial status.
1105.10.2.
Nothing in this Act, regarding age or familial status, shall
apply with respect to housing for older persons.
1105.10.3.
Nothing in this Act shall prohibit a religious organization,
association, or society, or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental
or occupancy of dwellings which it owns operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, ancestry or national origin.
1105.10.4.
Nothing in this Act shall prohibit a private club not in fact
open to the public, which as an incident to its primary purpose or
purposes provides lodgings which it owns or operates for other than
a commercial purpose, from limiting the rental or occupancy of such
lodgings to its members or from giving preference to its members.
1105.10.5.
Nothing in this Act shall apply with respect to discrimination
based on sex in the rental or leasing of housing accommodations in
a single-sex dormitory.
It shall be unlawful public accommodation practice for any person
being the owner, lessee, proprietor, manager, superintendent, agent
or employee of any public accommodation, resort or amusement because
of race, color, religion, national origin, ancestry or sex, gender
identity or expression, sexual orientation, disability or use of a
guide or support animal because of blindness or the training of such
animal, deafness or physical disability of any individual or independent
contractor or because of the disability of an individual with whom
the person is known to have an association to:
1106.1.
Refuse, withhold from or deny to
any person because of protected class, either directly or indirectly,
any of the accommodations, advantages, facilities, services or privileges
of such public accommodation, resort or amusement.
1106.2.
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
and privileges of any such place shall be refused, withheld or denied
to any person on account of protected class objectionable or not acceptable,
desired or solicited.
1106.3.
Obstruct any person from enjoyment of his rights under this
Ordinance relating to public accommodations.
1106.4.
Construct, operate or otherwise make available such place of
public accommodation, resort or amusement which is not accessible.
1107.1.
Establishment. There is hereby established
the Equal Opportunity Board of Mt. Lebanon. It shall be composed of
five members, who shall be residents of Mt. Lebanon and shall be appointed
by the Mt. Lebanon Commission. Members shall serve without compensation,
except for payment of expenses. In the event the requirements of the
position and/or availability of volunteers cannot be found within
Mt. Lebanon then the members need not be residents of Mt. Lebanon
but must be either a Mt. Lebanon taxpayer, maintain a business, be
employed or go to school in Mt. Lebanon.
Members shall be 18 years or older. The Mt. Lebanon Commission
shall initially appoint a member to serve a one-year term, a two-year
term, a three-year term, a four-year term, and a five-year term. Thereafter,
all terms shall be five-year terms. The Mt. Lebanon Commission may
remove members at any time for any reason.
1107.2.
Powers and Duties. The Board is hereby vested with the authority
to administer and enforce this Ordinance and to carry out the following
powers and duties:
1107.2.1.
To meet and function at any place within Mt. Lebanon;
1107.2.2.
To adopt, promulgate, amend and rescind rules and regulations to
effect the policies and provisions of this Ordinance and to make recommendations
to the Mt. Lebanon Commission thereof to effect such policies;
1107.2.3.
To initiate, receive, investigate and pass upon complaints charging
unlawful discriminatory practices in violation of this Ordinance taking
place within Mt. Lebanon.
1107.2.4.
To study the problems of discrimination and foster, through community
effort or otherwise, good will among the groups and elements of the
population of Mt. Lebanon.
1107.2.5.
To issue such publications and such results of investigations and
research as, in its judgment, will tend to promote good will and minimize
or eliminate discrimination.
1107.2.6.
From time to time, but not less than once a year, to report to the
Mt. Lebanon Commission describing in detail the investigations, proceedings,
hearings and studies it has conducted and their outcome, the decisions
it has rendered and the other work performed by it, and make recommendations
for such further legislation concerning abuses and discrimination.
1107.2.7.
The exercise of any powers and duties are subject to and contingent
upon the following: (i) the Board must have a minimum of three active
members; (ii) the Mt. Lebanon Commission will have budgeted adequate
funds for the Board to function; (iii) the Manager will have provided
adequate staff for the Board to function; (iv) the Board will have
adopted proper procedures and regulations as are necessary and desirable
for it to function, which procedures and regulation have been approved
by the solicitor; (v) the powers and duties to be exercised are not
the responsibility of or have been delegated to another party such
as the Pennsylvania Human Relations Commission, through a work sharing
agreement or memorandum of understanding or otherwise, and (vi) the
Mt. Lebanon Commission has certified to the Board that it is not pursuing
such an agreement or memorandum and, in such event, the Mt. Lebanon
Commission will have also certified, which, if any, powers and duties
the Mt. Lebanon Commissioners wish the Board to exercise.
1108.1.
Filing a Complaint. Any individual
claiming to be aggrieved or showing evidence an injury is about to
occur by an unlawful discriminatory practice, may make, sign and file
with the Board a verified complaint in writing which shall state the
name and address of the person or persons alleged to have committed
the unlawful practice and the particulars thereof. The complaint shall
also contain such other information as may be required by the Board.
The Board, upon its own initiative, may in like manner sign and file
a complaint.
1108.2.
Amendment. The complainant shall have the power reasonably and
fairly to amend any complaint.
1108.3.
Time Period for Filing Complaint. Any complaint filed pursuant
to this secton must be so filed within 180 after the alleged act of
discrimination, unless otherwise required by the Fair Housing Act.
1108.4.
Withdrawing Complaint. Any complaint may be withdrawn at any
time by the party filing the complaint.
1108.5.
Initial Action/Preliminary Investigation.
1108.5.1.
After the filing of any complaint, the Board shall take one or more
of the following actions:
1108.5.1.1.
Referral to the Pennsylvania Human Relations Commission. Referral
shall always be required if the Municipality of Mt. Lebanon is or
may become a party. Referral shall also be required unless the conditions
in §1107.2.7 are met.
1108.5.1.2.
Investigation. Investigation may be appropriate when there is
reason to believe an unlawful discriminatory practice has been committed.
The Board may make a prompt investigation. In the conduct of such
investigation the Board may issue subpoenas to any person charged
with an unlawful practice to furnish information, records or other
documents. The Board may seek enforcement of its subpoena by petition
to the Court of Common Pleas of Allegheny County.
1108.5.1.3.
Conciliation.
1108.5.1.4.
Notice of Dismissal.
1108.5.1.5.
Hearing.
1108.5.2.
The Board shall send a copy of the complaint to the named respondent
within 30 days from the date of docketing the complaint, unless otherwise
required by the Fair Housing Act.
1108.5.3.
A respondent shall file a written, verified answer to the complaint
within 30 days of service of the complaint, unless otherwise required
by the Fair Housing Act. The Board, upon request of the respondent,
may grant an extension of not more than 30 additional days, unless
otherwise required by the Fair Housing Act.
1108.5.4.
After service of the complaint, the Board shall encourage voluntary
and informed predetermination settlements between parties.
1108.6.
Notice of Dismissal. If it shall be determined after that there
is no basis for the allegations of the complaint, the Board shall,
within 10 days from such determination, cause to be issued and served
upon the complainant written notice of such determination. The notices
shall also state that the complaint will be dismissed unless within
10 days after such service the complainant or his attorney file, with
the Board, a request for a review. The Board shall, upon request for
such a review, provide the complainant and his attorney, if any, an
opportunity to appear before the Board, a member thereof or a staff
representative of the Board, at the election of the Board to present
such additional information as may be available to support the allegations
of the complaint.
1108.7.
Conciliation. If the parties agree or the Board determines that
mediation will be useful, including when probable cause exists for
the allegations of the complaint, the Board shall immediately endeavor
to schedule a mediation to eliminate the unlawful practice complained
of by persuasion, conference and conciliation. The Board and staff
shall not disclose identities of the parties except as required by
the Fair Housing Act. Mediation may be conducted by one member of
the Equal Opportunity Board or a third party appointed by the Board.
1108.8.
Establishment of Hearing.
1108.8.1.
If the Board, in its discretion, finds it is not possible to address
or eliminate such unlawful practices by conference, conciliation and
persuasion, the Board shall cause to be issued and served a written
notice of, together with a copy of such complaint as the same may
have been amended requiring the party named in such complaint, hereinafter
referred to as respondent, to answer the charges of such complaint
at a hearing before the Board at a time and place to be specified
in such notice. The Board may appoint a hearing examiner or designate
one or more of its members to preside at such a meeting.
1108.8.2.
When notice of hearing is given as set forth in §1108.8.1 and
an election procedure is required by the Fair Housing Act, either
party may elect, as an alternative to Public Hearing before the Board,
to have the claims asserted in the complaint decided in a civil action
brought under the original jurisdiction of Allegheny County Court
of Common Pleas. The written notice of the Board shall be sent to
all parties and will inform them of their right to take civil action.
An election must be made within 20 days after receipt of the notice
of hearing. A party making this election shall notify the Board and
all other parties. If an election for civil action is made by either
party, the Board shall, within 30 days from the date of election,
dismiss the complaint without prejudice or may commence and maintain
a civil action on behalf of the Complainant. In any action brought
under this subsection:
1108.8.2.1.
If, after a trial, Court of Common Pleas finds that a respondent
engaged in or is engaging in any unlawful discriminatory practice
as defined in this act, the Court may award attorney’s fees
and costs to the complainant on whose behalf the Board commenced the
action in addition to attorney’s fees and costs incurred by
the Board.
1108.8.2.2.
If, after a trial, Court of Common Pleas finds that a respondent
has not engaged in or is not engaging in any unlawful discriminatory
practice as defined in this act, the Court may award attorney’s
fees and costs to the prevailing respondent if the respondent proves
that the complaint upon which the civil action was based was brought
in bad faith.
1108.9.
Hearing. The case in support of the complaint shall be presented
to the Board or before a hearing examiner designated by the Board
for the purpose of hearing said complaint. The respondent may appear
at such hearing in person or otherwise, with or without counsel, and
submit testimony. The complainant may likewise appear at such hearing
in person or otherwise, with or without counsel, and submit testimony.
The Board or the complainant shall have the power reasonably and fairly
to amend any complaint, and the respondent shall have like power to
amend any answer. The Board shall not be bound by the strict rules
of evidence prevailing in courts of law or equity. The testimony taken
at the hearing shall be under oath and be transcribed.
1108.10.
Findings.
1108.10.1.
If upon all evidence at the hearing, the Board shall find that
a respondent has engaged in or is engaging in any unlawful discriminatory
practice as defined in this act, the Board shall state its findings
of fact, and shall issue and cause to be served on such respondent
an order requiring such respondent to cease and desist from such unlawful
discriminatory practice and to take such affirmative action, including,
but not limited to, reimbursement of certifiable travel expenses in
matters involving the complaint, compensation for loss of work in
matters involving the complaint, hiring, reinstatement or upgrading
of employees, with or without back pay, admission or restoration to
membership in any respondent labor organization, the making of reasonable
accommodations, or selling or leasing specified housing accommodations
or commercial property upon such equal terms and conditions and with
such equal facilities, services and privileges or lending money, whether
or not secured by mortgage or otherwise for the acquisition, construction,
rehabilitation, repair or maintenance of housing accommodations or
commercial property, upon such equal terms and conditions to any person
discriminated against or all persons, any other verifiable, reasonable
out-of-pocket expenses caused by unlawful discriminatory practice,
or other compensation as provided under the Pennsylvania Human Relations
Act.
1108.10.2.
In those cases alleging a violation of §3-1104 or §3-1105 and violations of the Fair Housing Act, the Board may award actual damages including damages caused by humiliation and embarrassment as, in the judgment of the Board, will effectuate the purposes of this act, and including a requirement for report of the manner of compliance.
1108.10.2.1.
Such order may also assess a civil penalty against the respondent in a complaint of discrimination filed under §3-1104 or §3-1105 and violations of the Fair Housing Act of this Act:
1108.10.2.1.1.
In an amount not exceeding $10,000 if
the respondent has not be adjudged to have committed any prior discriminatory
practice;
1108.10.2.1.2.
In an amount not exceeding $25,000 if
the respondent has been adjudged to have committed one other discriminatory
practice during the five-year period ending on the date of this order;
or
1108.10.2.1.3.
In an amount not exceeding $50,000 if
the respondent has been adjudged to have committed more than one other
discriminatory practice during the seven-year period ending on the
date of this order.
1108.10.2.2.
If upon all the evidence at the hearing, in those cases alleging a violation of §3-1104 or §3-1105, the Board finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this act, the Board may award attorney’s fees and costs to prevailing complainants.
1108.10.2.3.
If upon all the evidence at the hearing, in those cases alleging a violation of §3-1104 or §3-1105, the Board finds that a respondent has not engaged in or is not engaging in any unlawful discriminatory practice as defined in this act, the Board may award attorney’s fees and costs to a prevailing respondent if the respondent proves that the complaint was brought in bad faith.
1108.11.
Commonwealth License. When the respondent is a licensee
of the Commonwealth of Pennsylvania. The Board shall inform the appropriate
State licensing authority of the order with the request that the licensing
authority take such action as it deems appropriate against such licensee.
1108.12.
Complaint Dismissal. If, upon all the evidence,
the Board shall find that a respondent has not engaged in any such
unlawful discriminatory practice, the Board shall state its findings
of fact, and shall issue and cause to be served on the complainant
an order dismissing the said complaint as to such respondent.
1108.13.
Rules and Records of Hearing. The Board may establish
rules of practice to govern, expedite and effectuate the foregoing
procedure and its own actions thereunder. Three or more members of
the Board or a hearing examiner designated by the Board shall constitute
the Board for any hearing required to be held by the Board under this
act. The recommended findings, conclusions and order made by said
members or hearing examiner shall be reviewed and approved or reversed
by the Board before such order may be served upon the parties to the
complaint. The recommended findings, conclusions and order made by
said members or hearing examiner shall become a part of the permanent
record of the proceeding and shall accompany any order served upon
the parties to the complaint.
If any clause, sentence, paragraph or part of this act, or the
application thereof, to any person or circumstance, shall, for any
reason be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
of this act nor the application of such clause, sentence, paragraph
or part to other persons or circumstances, but shall be confined in
its operation to the clause, sentence, paragraph or part thereof and
to the persons or circumstances directly involved in the controversy
in which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that this act would have been adopted
had such provisions not been included or such persons or circumstances
been expressly excluded from their coverage.
1110.1.
Injunction. If the Board concludes,
at any time following the filing of a complaint under this Ordinance,
that prompt judicial action is necessary to prevent immediate and
irreparable harm, the Board may commence an action in Court of Common
Pleas, and that court may grant an appropriate preliminary or special
injunction pending final disposition of the complaint. Any such order
or relief shall be granted in accordance with Pennsylvania Rules of
Civil Procedure Section 1531.
1110.2.
Enforcement. The complainant, or the Board may secure enforcement
of the order of the Board or other appropriate relief. When the Board
has heard and decided any complaint brought before it, enforcement
of its order shall be initiated by the filing of a petition in court,
together with a transcript of the record of the hearing before the
Board, and issuance and service of a copy of said petition as in proceedings
in equity.
The Board’s copy of the testimony shall be available at
all reasonable times to all parties for examination without cost,
and for the purpose of enforcement or judicial review of the order.
Any failure to obey an order of the court may be punishable by such
court as contempt thereof.
1110.3.
Enforcement by Private Person.
1110.3.1.
In cases involving a claim of discrimination, if a complainant invokes
the procedures set forth in this act, that individual’s right
of action in the courts of the Commonwealth shall not be foreclosed.
If within one year after the filing of a complaint with the Board,
the Board dismisses the complaint or for whatever reason, closes the
complainant’s case, or has not entered into a conciliation agreement
to which the complainant is a party, the Board must so notify the
complainant. On receipt of such a notice the complainant shall be
able to bring an action in the Courts of Common Pleas of the Commonwealth
based on the right to freedom from discrimination granted by this
act.
1110.3.2.
An action under this subsection shall be filed within two years after
the date of notice from the Board closing the complaint. Any complaint
so filed shall be served on the Board at the time the complaint is
filed in court. The Board shall notify the complainant of this requirement.
1110.3.3.
If the court finds that the respondent has engaged in or is engaging
in an unlawful discriminatory practice charged in the complaint, the
court shall enjoin the respondent from engaging in such unlawful discriminatory
practice and order affirmative action which may include, but is not
limited to, reinstatement or hiring of employees, granting of back
pay, or any other legal or equitable relief as the court deems appropriate.
Back pay liability shall not accrue from a date more than three years
prior to the filing of a complaint charging violations of this act.
1110.3.4.
The court shall serve upon the Board any final order issued in any
action brought under this subsection.
1110.3.4.1.
If, after a trial held pursuant to section 1110.3, the Court
of Common Pleas finds that a defendant engaged in or is engaging in
any unlawful discriminatory practice as defined in this act, the court
may award attorney’s fees and costs as provided under the Pennsylvania
Human Relations Act, to the prevailing plaintiff.
1110.3.4.2.
If, after a trial held pursuant to Section 1110.3, the Court
of Common Pleas finds that a defendant has not engaged in or is not
engaging in any unlawful discriminatory practice as defined in this
act, the court may award attorney’s fees and costs to the prevailing
defendant if the defendant proves that the complaint was brought in
bad faith.
1110.4.
Penalties. Any person who shall willfully resist, prevent, impede
or interfere with the Board, its members, agents or agencies in the
performance of duties pursuant to this act, or shall willfully violate
an order of the Board, shall be guilty of a summary offense and, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$600.
1110.5.
Construction. The provisions of this act shall be construed
liberally for the accomplishment of the purposes thereof and any law
inconsistent with any provisions hereof shall not apply.
1110.6.
The time limits for filing under any complaint or other pleading
under this act shall be subject to waiver, estoppel and equitable
tolling.
1110.7.
Except as otherwise provided, any order of the Board may be
reviewed under the provisions of the Act of December 2, 1968, P.L.
1133 (53 P.S. §11300) known as the “Local Agency Law,”
as amended.
1110.8.
Where a provision of this Ordinance is found to be in conflict
with a provision of any other Ordinance of Mt. Lebanon, or in any
regulation issued under the authority of such Ordinance, the provisions
which establish the higher standard for the protection of health,
safety and welfare shall prevail.
