[Adopted by the Board of Supervisors of the Township of Patton 3-8-2023 by Ord. No. 2023-628. Amendments noted where applicable.]
A.
This chapter is enacted to ensure that all persons regardless of
race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence of a service animal (public accommodations and
housing, and real estate transactions), assistance animal (housing
and real estate transactions), pregnancy, marital or familial status
or family responsibility enjoy the full benefits of citizenship and
are afforded equal opportunities, unburdened by unjust discrimination,
for housing, employment, and use of public accommodation. In order
to achieve this purpose, legislation must be enacted with appropriate
oversight and enforcement remedies for founded violations of the provisions
contained herein.
B.
It is the policy of the municipality to prohibit discrimination in
employment, housing, public accommodations, and residential real estate-related
transactions because of race, color, religion, ancestry, national
origin, sex, sexual orientation, gender identity, or expression, source
of income, disability or handicap, presence of a service animal (public
accommodation), assistance animal (housing and real estate transactions),
pregnancy, family responsibility, marital or familial status, and
to provide for the resolution of housing, public accommodation and
residential real estate-related transaction discrimination disputes
at the local level in a timely, cost-efficient and effective manner.
Finally, to obtain substantial equivalency with the state and federal
governments' housing and anti-discrimination enforcement efforts.
C.
It is the policy of the municipality to ensure that employment of
all individuals is considered in accordance with their fullest capacities
and to safeguard their right to obtain all employment without discrimination
regardless of race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal (public
accommodation), assistance animal (housing and real estate transactions),
pregnancy, marital or familial status, or family responsibility.
D.
It is the policy of the municipality that the Regional Human Relations
Commission shall have jurisdiction to hear complaints brought before
it under the terms and provisions of this chapter and the ordinance
establishing the Commission enacted by the participating municipalities.
Persons of those ages specified in Section 4 of the Pennsylvania
Human Relations Act, Act of 1955, P.L. 744, No. 222, as amended by
Act 51 of 1991.[1]
Any person who claims to have been injured by a discriminatory
practice as defined in this section.
Animals that work, provide assistance or perform tasks for
the benefit of a person with a disability, or animals that provide
emotional support that alleviates one or more identified symptoms
or effects of a person's disability. Assistance animals perform
many disability-related functions, including but not limited to guiding
individuals who are blind or have low vision, alerting individuals
who are deaf or hard of hearing to sounds, providing minimal protection
or rescue assistance, pulling a wheelchair, fetching items, alerting
persons to impending seizures, or providing emotional assistance to
persons with disabilities who have a disability-related need for such
assistance.
The Regional Human Relations Commission was established to
enforce the provisions of this chapter and adjudicate complaints filed
pursuant to this chapter.
With respect to a person, means:
A physical or mental impairment which substantially limits one
or more of such person's major life activities;
A record of having such an impairment; or
Being regarded as having such an impairment, but such term does
not include current illegal use of or addiction to a controlled substance,
as defined in Section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802).
Includes any difference in treatment based on race, color, religion,
age, ancestry, national origin, sex, sexual orientation, gender identity
or expression, source of income, disability or handicap, presence
of a service animal (public accommodations), assistance animal (housing
and real estate transactions), pregnancy, marital or familial status
or family responsibility. Housing discrimination pertaining to people
with a disability or handicap includes a refusal to permit, at the
expense of the person with a disability or handicap, reasonable modifications
of existing premises occupied or to be occupied by such person if
such modifications may be necessary to afford such person full enjoyment
of the premise; a refusal 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 dwelling.
Nothing in this chapter requires that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to
the health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others.
Any building, structure (or portion thereof) which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure,
or portion thereof.
A person who is at least 62 years of age or a family whose
head or spouse is 62 years of age.
Any person who employs four or more employees, including
the municipality; its departments; authorities, boards, and commissions;
and any other government agency within its jurisdiction.
Includes any person regularly undertaking, with or without
compensation, to recruit, refer or place employees.
One or more individuals (who have not attained the age of 18
years) being domiciled with a parent or another 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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Any protection 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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Being a provider of care, or being perceived to be a provider
of care, for a family member of any age, whether in the past, present,
or future.
Self-perception, or perception by others, as male or female,
and shall include a person's appearance, behavior, or physical
characteristics, that may be in accord with, or opposed to, one's
physical anatomy, chromosomal sex, or sex assigned at birth, and shall
include, but is not limited to, persons who are undergoing or have
completed gender-confirming surgery.
Any information relating to genes, gene products, and inherited
characteristics that may derive from an individual or a family member.
This term includes, but is not limited to:
Information regarding carrier status and increased likelihood
of future disease or increased sensitivity to any substance; or
Information derived from laboratory tests that identify mutations
in specific genes or chromosomes; physical medical examinations; family
histories; inquiries; tests of gene products; direct analysis of genes
or chromosomes.
Provided under any federal, state, or local program that the
municipality determines is specifically designed and operated to assist
elderly persons as defined in the federal, state, or local program;
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.
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievance, terms or conditions of employment or of other
mutual aid or protection in relation to employment.
A person who resides with the elderly person or a person
with a disability or handicap and who:
Is determined to be essential to the care and well-being of
the elderly person or person with a disability or handicap;
Is not obligated for the support of the elderly person or person
with a disability or handicap; and
Would not be living in the unit except to provide the necessary
supportive services.
The municipal manager of the municipality where the complaint
originated or their designee. If there's no municipal manager,
the municipal secretary shall serve in this capacity.
The state of being married, unmarried, divorced, separated
or widowed.
Any Township, borough, city or home rule municipality that
is incorporated under Pennsylvania law and is a party to the Regional
Human Relations Commission as established by this chapter.
Includes any person, agent, operator, firm or corporation,
having a legal or equitable interest in the property, or recorded
in the official records of the state, county or municipality as holding
title to the property.
Any person, fraternal, civic or other membership organization
or association including those acting in a fiduciary or representative
capacity, proprietorship, partnership, corporation, limited liability
company, or other for-profit or nonprofit organizations, including
the municipality, its departments, boards, and commissions.
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public, including
but not limited to inns, taverns, roadhouses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommodation
of those seeking health, recreation or rest, or restaurants or eating
houses, or any place where food is sold for consumption on the premises,
buffets, saloons, barrooms or any store, park or enclosure where spirituous
or malt liquors are sold, ice cream parlors, confectioneries, soda
fountains and all stores where ice cream, ice and fruit preparations
or their derivatives, or where beverages of any kind are retailed
for consumption on the premises, drugstores, dispensaries, clinics,
hospitals, bathhouses, swimming pools, barbershops, beauty parlors,
retail stores and establishments, theaters, motion picture houses,
air domes, roof gardens, music halls, race courses, skating rinks,
amusement and recreation parks, fairs, bowling alleys, gymnasiums,
shooting galleries, billiard and pool parlors, public libraries, kindergartens,
primary and secondary schools, high schools, academies, colleges and
universities, extension courses and all educational institutions,
nonsectarian cemeteries, garages and all public conveyances operated
on land or water or in the air as well as the stations, terminals
and airports, financial institutions and all municipal facilities
and services, but not any accommodations which are in their nature
distinctly private.
Any person, partnership, corporation or other association
which, for a fee or other valuable consideration, manages, sells,
purchases, exchanges, or rents or negotiates, or offers or attempts
to negotiate the sale, purchase, exchange or rental of the real property
of another, or holds itself out as one engaged in the business of
managing, selling, purchasing, exchanging or renting the real property
of another and includes those engaging in real estate sales or any
other person employed by a real estate broker to perform or to assist
in the performance of their business.
The making of loans or providing other financial assistance
for purchasing, constructing, improving, repairing or maintaining
a dwelling, or the selling, brokering or appraising of residential
real property.
Any animal that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
The work or tasks performed by a service animal must be directly related
to the handler's disability. Examples of work or tasks include,
but are not limited to, assisting individuals who are blind or have
low vision with navigation and other tasks, alerting individuals who
are deaf or hard of hearing to the presence of people or sounds, providing
non-violent protection or rescue work, pulling a wheelchair, assisting
an individual during a seizure, alerting individuals to the presence
of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability
to individuals with mobility disabilities, and helping persons with
psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors. The crime deterrent effects of
an animal's presence and the provision of emotional support,
well-being, comfort, or companionship do not constitute work or tasks
for the purposes of this definition. While dogs are the most common
type of service animal, other animals can also be service animals.
An inherent or immutable enduring emotional, romantic or
sexual attraction to men, women, or both sexes as well as the genders
that accompany them including the perception or status of an individual's
same sex, opposite sex or bisexual orientation. Actual or perceived
homosexuality, heterosexuality, lesbian, gay, bisexual, transgender,
queer, pansexual, intersex, nonbinary and/or bisexuality.
Income received through any legal means including, but not
limited to, wages, salaries, interest, dividends, child support, alimony,
public assistance, pensions or others retirement benefits, social
security or other documentation of ability to pay.
[1]
Editor's Note: See 43 P.S. § 954.
A.
Notwithstanding any other provision of this chapter, it shall not
be an unlawful employment practice for a religious corporation or
association, not supported in whole or in part by government appropriations,
to refuse to hire or employ an individual on the basis of the religion
of the religious organization.
B.
Nothing in this chapter shall be interpreted to prohibit a religious
organization that is exempt from federal taxation under Section 501(c)(3)
of the Internal Revenue Code or any organization affiliated with that
religious organization from engaging in any conduct or activity that
is required by, or that implements or expresses its religious beliefs
or tenets of faith. Further, nothing in this chapter shall be interpreted
to require any such religious organization to engage in any conduct
or activity that is prohibited by its religious beliefs or tenets
of faith.
C.
Nothing in this chapter shall be interpreted as applying to any state
or federal agencies.
D.
The provisions regarding familial and marital status and family responsibility
in this chapter shall not apply to housing provided by educational
institutions which is restricted to occupancy by students of such
institution who:
(1)
Reside with the student's spouse; or
(2)
Reside with children under the age of 18 years of age; or
(3)
Reside with the student's spouse and children under the age
of 18 years of age; and
(4)
The relationship of the student to the children must be a biological
or adoptive parent or legal guardian.
E.
Age-restricted housing. The provisions of this chapter regarding
familial status and age in this chapter shall not apply to housing
for older persons if it meets the conditions in this section. In determining
whether housing qualifies as housing for older persons under this
clause, the municipality's requirements shall include, but not
be limited to, the following:
(1)
At least 80% of the units are occupied by at least one person 55
years of age or older per unit;
(2)
There is a publication of, and adherence to, policies and procedures
which demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older;
(3)
The housing complies with regulations promulgated by the Pennsylvania
Human Relations Commission for verification of occupancy. Regulations
under this subsection shall do all of the following:
(a)
Provide for verification by reliable surveys and affidavits.
Surveys and affidavits under this subsection shall be admissible in
administrative and judicial proceedings for the purpose of verification
under this subsection; and
(4)
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 clause.
F.
Local limits on maximum occupancy of a dwelling. Nothing in this
chapter shall limit the applicability of any local, state or federal,
or any reasonable private land use restrictions, condominium articles,
or bylaws regarding the maximum number of occupants permitted to occupy
a dwelling.
G.
Controlled substances. Nothing in this chapter with respect to housing
shall prohibit conduct against a person because such person has been
convicted by any court of competent jurisdiction of the illegal manufacture
or distribution of a controlled substance, as defined in Section 102
of the Controlled Substances Act (21 U.S.C. § 802).
H.
Owner-occupied dwellings. This chapter shall not apply to owner-occupied
dwellings containing four units or less, providing the landlord occupies
one of the units as their primary residence.
I.
Subleasing a dwelling unit. This chapter shall not apply to the subleasing
of a dwelling unit where one or more of the tenants named on the lease
in effect at the time of the subleasing will continue to reside in
the unit.
J.
Nothing herein shall be construed to mean a landlord must rent to
someone who does not have the ability to pay.
It shall be an unlawful housing practice, except as otherwise
provided in this chapter:
A.
For any owner, real estate broker or any other person to refuse to
discuss or confer with a view to reaching an agreement for a sale,
lease, sublease, rental, assignment or other transfer of the title,
leasehold or other interest in any dwelling to any person, or to represent
that any dwelling is not available for any inspection, sale, lease,
sublease, rental, assignment or other transfer when, in fact, it is
so available, or otherwise to deny or withhold any dwelling from any
person because of race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of service animal, pregnancy,
marital or familial status or family responsibility or to discriminate
against, segregate or assign quotas to any person or group of persons
in connection with the sale, lease, sublease, rental, assignment or
other transfer of title, leasehold or other interest in any dwelling
or dwellings.
B.
For any person, including any owner or real estate broker, to include
in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any dwelling any clause, condition
or restriction discriminating against or requiring any other person
to discriminate against any person in the use or occupancy of such
dwelling because of race, color, religion, ancestry, age, national
origin, sex, sexual orientation, gender identity or expression, source
of income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility.
C.
For any person, including any owner or real estate broker, to refuse
to permit, at the expense of the person with a disability or handicap,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises. In the case of a rental, the
landlord may, where it is reasonable to do so, condition permission
for a modification on the renter agreeing to restore the condition
of the interior of the premises to the condition that existed before
the modification, reasonable wear and tear excepted. Where it is necessary
in order to ensure, with reasonable certainty, that funds will be
available to pay for the restorations at the end of the tenancy, the
landlord may negotiate as part of such restoration agreement a provision
requiring that the tenant pay into an interest-bearing escrow, over
a reasonable period, a reasonable amount of money not to exceed the
cost of the restorations. The interest in any such account shall accrue
to the benefit of the tenant.
(1)
The application of Subsection C of this section may be illustrated by the following examples:
(a)
Example 1. A tenant with a disability or handicap asks their landlord
for permission to install grab bars in the bathroom at their own expense.
It is necessary to reinforce the walls with blocking between studs
in order to affix the grab bars. It is unlawful for the landlord to
refuse to permit the tenant at the tenant's own expense from
making the modifications necessary to add the grab bars. However,
the landlord may condition permission for the modification on the
tenant agreeing to restore the bathroom to the condition that existed
before the modification, reasonable wear and tear excepted. It would
be reasonable for the landlord to require the tenant to remove the
grab bars at the end of the tenancy. The landlord may also reasonably
require that the wall to which the grab bars are to be attached be
repaired and restored to its original condition, reasonable wear and
tear excepted. However, it would be unreasonable for the landlord
to require the tenant to remove the blocking, since the reinforced
walls will not interfere in any way with the landlord's or the
next tenant's use and enjoyment of the premises and may be needed
by some future tenant.
(b)
Example 2. An applicant for rental housing has a child who uses a
wheelchair. The bathroom door in the dwelling unit is too narrow to
permit the wheelchair to pass. The applicant asks the landlord for
permission to widen the doorway at the applicant's own expense.
It is unlawful for the landlord to refuse to permit the applicant
to make the modification. Further, the landlord may not, in usual
circumstances, condition permission for the modification on the applicant
paying for the doorway to be narrowed at the end of the lease because
a wider doorway will not interfere with the landlord's or the
next tenant's use and enjoyment of the premises.
D.
For any person, including any owner or real estate broker, to refuse
to make reasonable accommodations in rules, policies, practices or
services (except for federally regulated lending institutions) when
such accommodations may be necessary to afford a person with a disability
or handicap the opportunity to use and enjoy a dwelling.
(1)
The application of Subsection D of this section may be illustrated by the following examples:
(a)
Example 1: An applicant with a vision impairment for rental housing
wants to live in a dwelling unit with a seeing-eye dog. The building
has a policy that prohibits tenants from keeping pets. It is a violation
for the owner or manager of the apartment complex to refuse to permit
the applicant to live in the apartment with a seeing eye dog because,
without the seeing eye dog, the person with a vision impairment will
not have an equal opportunity to use and enjoy a dwelling.
(b)
Example 2: An applicant for an apartment dwelling that does not typically
reserve spaces for tenants has a disability that precludes them from
walking more than a short distance. It is a violation for the owner
or manager of the apartment dwelling to refuse to reserve a space
for them within a short walking distance to the dwelling. Because
the applicant may not be able to live in the dwelling without this
accommodation, it is necessary to provide the accommodation to provide
the applicant equal opportunity to use and enjoy the dwelling. This
is considered a reasonable accommodation because it is feasible and
practical considering the circumstances.
E.
For any person, including any owner or real estate broker, to discriminate
in the providing of any facilities or services (except for federally
funded lending institutions) for any dwelling because of race, color,
religion, ancestry, age, national origin, sex, sexual orientation,
gender identity or expression, source of income, disability or handicap,
presence of a service animal, pregnancy, marital or familial status
or family responsibility.
F.
For any person, including any owner or real estate broker, to publish,
circulate, issue or display, or cause to be published, circulated,
or displayed, any communication, notice, advertisement, or sign of
any kind relating to the sale, rental, lease, sublease, assignment,
transfer or listing of a dwelling or dwellings which indicates any
orientation, limitation, specification or discrimination based on
race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence a service animal, pregnancy, marital or familial
status or family responsibility.
G.
For any person, including any owner or real estate broker or associate,
or any other person for business or economic purposes, to induce directly
or indirectly, or to attempt to induce directly or indirectly, the
sale or rental or the listing for sale or rental of a dwelling by
representing that a change has occurred or will or may occur with
respect to the race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility composition of
the street, block, neighborhood or area in which said dwelling is
located.
H.
For any person, including any real estate broker or associate, to
deny a person access to membership or participation in a multiple
listing service, real estate brokers' organization or other service
because of race, color, religion, ancestry, age, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility.
I.
For any person, including any real estate broker or associate, to
aid, incite, compel, coerce or participate in the doing of any act
declared to be an unlawful housing practice under this chapter, to
obstruct or prevent enforcement or compliance with the provisions
of this chapter or any rule or regulation, or to attempt directly
or indirectly to commit any act declared by this chapter to be an
unlawful housing practice.
J.
For any person or entity whose business includes engaging in residential
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 race, color, religion, ancestry,
age, national origin, sex, sexual orientation, gender identity or
expression, source of income, disability or handicap, presence a service
animal, pregnancy, marital or familial status or family responsibility.
K.
The notice provided to the respondent as referenced in § 143-14G will advise the respondent that retaliation against any person because they made a complaint or testified, assisted or participated in an investigation or mediation under this chapter is a discriminatory practice that is prohibited by this chapter.
It shall be an unlawful public accommodations practice, except
as otherwise provided in this chapter for any person being the owner,
lessee, proprietor, manager, superintendent, agent or employee of
any public accommodation to:
A.
Refuse, withhold from, or deny to any person because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender
identity or expression, source of income, disability or handicap,
presence of a service animal, pregnancy, marital or familial status
or family responsibility either directly or indirectly, any of the
accommodations, advantages, facilities or privileges of such public
accommodation.
B.
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 from or
denied to any person on account race, color, religion, ancestry, national
origin, sex, sexual orientation, gender identity or expression, source
of income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility, or that the patronage
or custom thereat of any person, belonging to or purporting to be
of any particular race, color, religion, ancestry, national origin,
sex, sexual orientation, gender identity or expression, source of
income, disability or handicap, presence of a service animal, pregnancy,
marital or familial status or family responsibility, is unwelcome,
objectionable or not acceptable, desired or solicited.
C.
Exclude or otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations or other opportunities to a person because
of the disability or handicap of an individual with whom the person
is known to have a relationship or association.
D.
Construct such place of public accommodation which is not accessible.
E.
Refuse to remove any barrier to accessibility to such existing place
of public accommodation, where barrier removal is readily achievable,
meaning easily accomplishable and able to be carried out without much
difficulty or expense. Where barrier removal is not readily achievable,
it shall be unlawful to refuse to take any readily achievable alternative
steps to make such public accommodation accessible.
F.
The notice provided to the respondent as referenced in § 143-14G will advise the respondent that retaliation against any person because they made a complaint or testified, assisted or participated in an investigation or mediation under this chapter is a discriminatory practice that is prohibited by this chapter.
A.
It shall be unlawful for any person or entity whose business includes
engaging in residential real estate-related transactions to discriminate
against any person in making available loans or other financial assistance
for a dwelling, or which is or is to be secured by a dwelling, because
of race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence of a service animal, pregnancy, marital or familial
status or family responsibility.
B.
It shall be unlawful for any person or entity engaged in the making
of loans or in the provision of other financial assistance relating
to the purchase, construction, improvement, repair or maintenance
of dwellings or which are secured by residential real estate to impose
different terms or conditions for the availability of such loans or
other financial assistance because of race, color, religion, ancestry,
age, national origin, sex, sexual orientation, gender identity or
expression, source of income, disability or handicap, presence of
a service animal, pregnancy, marital or familial status or family
responsibility.
C.
The notice provided to the respondent as referenced in § 143-14G will advise the respondent that retaliation against any person because they made a complaint or testified, assisted or participated in an investigation or mediation under this chapter is a discriminatory practice that is prohibited by this chapter.
A.
It shall be unlawful for any employer to discriminate against any
employee or prospective employee in employment practices because of
race, color, religion, ancestry, age, national origin, sex, sexual
orientation, gender identity or expression, source of income, disability
or handicap, presence of a service animal, pregnancy, marital or familial
status or family responsibility.
B.
Retaliation against any person, either directly or by aiding, inciting,
compelling, coercing or participating, 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,
proceeding or hearing authorized by this chapter is prohibited.
C.
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.
It shall be unlawful for any person, whether or not within the
named classifications set forth in this chapter, to aid, incite, compel,
coerce or participate in the doing of any act declared to be an unlawful
practice under this chapter, or to obstruct or prevent enforcement
of compliance with the provisions of this chapter or any rule, regulation
or order of the municipality to be an unlawful practice.
A complaint must be filed with the Manager's office within
180 days of the alleged act of discrimination. Applicants may also
wish to file a complaint with the PHRC and/or EEOC, as applicable,
to preserve any filing deadlines with those agencies but if such filings
are made by the complainant, the Commission will have no further jurisdiction
over the complaint.
Any person who shall violate any provision of this chapter or
who resists or interferes with any authorized representative of the
municipality in the performance of their duties shall, upon conviction
thereof before any Magisterial District Judge, be guilty of a misdemeanor
and sentenced to pay a fine, not less than $100 nor more than $500
and the costs of prosecution and, in default of payment of any such
fine and costs, may be committed to a term of imprisonment not to
exceed 30 days. Each time that a violation occurs shall constitute
a separate offense.
This chapter shall have no effect over 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. Nothing
contained herein shall prohibit any aggrieved person from pursuing
any civil, state or federal remedy available following completion
of proceedings under this chapter provided that all time frames and
statutes of limitation prescribed by this chapter and all applicable
state and federal legislation shall occur contemporaneously and the
process for investigation and adjudication by all relevant jurisdictions
shall not be held in abeyance while another jurisdiction carries out
its procedures. The Regional Human Relations Commission shall not
file on behalf of the complainant with another agency or court of
competent jurisdiction.
A.
Municipalities
in the Centre Region and in Centre County have established anti-discrimination
ordinances with Human Relations Commissions designed to help protect
people within their jurisdictions from the negative direct and secondary
effects of discriminatory practices. In order to provide a more efficacious
forum for the resolution of discrimination complaints, a Regional
Human Relations Commission is hereby established to provide a regionalized
approach to the handling of such disputes.
B.
It is
hoped that the regionalized approach will provide a vehicle for complaints
to be investigated, resolved, dismissed or prosecuted. The intent
is to preserve the existing local ordinances and such others that
may be adopted in the future and to provide a centralized commission
structure for handling such complaints of discrimination.
A.
Utilizing the Intergovernmental Cooperation Act and pursuant to Section
962.1 of the Pennsylvania Human Relations Act,[1] there is hereby established a Regional Human Relations
Commission in and for the municipalities who elect to participate
in the program as described herein. The Commission shall consist of
seven members who shall serve overlapping terms of three years each.
Members of the Commission shall be appointed by State College Borough.
Each municipality that is part of the Commission shall have at least
one representative as submitted by the Patton Township Board of Supervisors
for appointment to the Commission. If there are more than seven municipalities
that are part of the Commission, the appointments will be rotated
among the municipalities. Members shall be residents of the participating
municipalities. No member of the Commission shall hold any office
in any municipality or political party. Members of the Commission
shall serve without salary but may be reimbursed expenses incurred
in the performance of their duties.
[1]
Editor's Note: See 43 P.S. § 962.1.
B.
Annually at the first meeting of each year, Commission members shall
elect from its members as Chair and Vice Chair. The Chair shall be
responsible for setting Commission meetings, coordinating the receipt
of complaints and answers and generally ensuring the duties of the
Commission, as described herein, are fulfilled. In the absence of
the Chair, the Vice Chair shall perform the duties of the Chair.
C.
The Managers of the Municipalities that have enacted the Regional
Human Relations Commission Ordinance shall meet to prepare administrative
procedures for the implementation of this chapter. Such procedures
shall be approved by the Managers no later than July 1, 2023, and
will become the procedures used by the Commission in adjudicating
all complaints brought before the Commission. In no event shall the
Commission have any regulatory or other power beyond considering and
adjudicating complaints filed with the Commission.
In carrying out their duties, Commission shall proceed in accordance
with the local ordinance adopted and amended from time to time existing
in each of the member municipalities.
A.
Filing a complaint. Any person aggrieved by an unlawful discriminatory
practice may make, sign and file a verified Complaint with the Manager
or other designated employee of the municipality in which the discriminatory
act allegedly took place. Complaints shall be filed in a form similar
to that attached as Exhibit A Complaint Form.[1]
[1]
Editor's Note: Said form is on file in the Township offices.
B.
Place of filing. Complaints may be filed in person at the local municipality's
Manager's office, or other designated employee, or by mailing
such complaint to the Chair of the Human Relations Commission utilizing
the mailing address of the Borough of State College.
C.
Time limitations. Complaints of alleged discriminatory acts must
be filed within 180 days of the alleged act of discrimination.
D.
Format. The complaint shall contain the following information:
(1)
The name and address of the aggrieved person(s);
(2)
The name and address of the person(s) alleged to have committed the
discriminatory acts;
(3)
A concise statement of the particulars, including pertinent dates,
constituting the alleged discriminatory acts;
(4)
If applicable, the address and a description of the dwelling or commercial
property which is involved; and
(5)
Such other information as may be required by the Regional Human Relations
Commission.
E.
The municipality shall convey all original complaints received to
the Chair of the Regional Human Relations Commission within 10 days
of the filing of the complaint.
F.
Commission review. The Commission, within 30 days of the filing,
shall schedule a meeting to review the complaint and make a preliminary
determination as to whether the alleged discriminatory acts are prohibited
by the Anti-Discrimination Ordinance in effect in the municipality
where the alleged discriminatory act occurred. If the Commission determines
that the alleged discriminatory act is not prohibited by the Municipal
Anti-Discrimination Ordinance, it shall so notify the complainant
who may then proceed to follow whatever other filings may be applicable,
specifically the Pennsylvania Human Relations Commission (PAHRC) and
Equal Employment Opportunity Commission (EEOC) or, if applicable,
the complainant may appeal the decision of the Commission to the Centre
County Court of Common Pleas within 30 days of the decision date.
G.
If Commission determines that it has jurisdiction to hear the complaint,
it shall:
(1)
Send a copy of the complaint to the person or entity charged with
the discriminatory practice ("respondent") with notice that the respondent
has 30 days to file a verified answer to the complaint; and
(2)
The notice provided to the respondent will further advise the respondent
that retaliation against any person because a complaint has been filed
constitutes a discriminatory practice under this chapter and is prohibited
by this chapter.
H.
Answer. Respondent shall file with the Commission a written verified
answer to the complaint within 30 days of respondent's receipt
of the complaint from the Commission and, further, shall send a copy
of the answer to the complainant.
I.
Mediation.
(1)
After the respondent's answer has been received, the Commission
shall, within 15 days, invite the parties to voluntarily participate
in the mediation of their dispute. The parties shall respond to the
invitation to mediate within 15 days of being invited to mediate.
Mediation shall be conducted in accordance with procedures promulgated
by the Commission.
(2)
If the mediation has successfully resolved the complaint, the Commission
shall promptly notify the parties that it has dismissed the complaint;
and
(3)
If the mediation has not successfully resolved the complaint, and
only if the complaint alleges a violation of this chapter which is
not otherwise prescribed under the Pennsylvania Human Relations Act[2] and over which the Pennsylvania Human Relations Commission
does not have jurisdiction, the Commission shall proceed to investigation.
[2]
Editor's Note: See 43 P.S. § 951 et seq.
J.
Investigation. The Commission shall, in a timely fashion, investigate
the allegations of the alleged discriminatory practice. The Commission,
in consultation with staff assigned to assist the Commission and the
Manager in the municipality where the complaint was filed, shall designate
an investigator to conduct the investigation. Commission may, in the
conduct of such investigation and upon review and approval, issue
subpoenas to any person or entity who may be of interest in the investigation,
commanding such person or entity to furnish information, records or
other documents, as necessary to assist in the Commission's investigation.
K.
Finding of no cause. Following investigation, if it shall be determined
by the Commission that there is no probable cause, it shall notify
both complainant and respondent in writing of its decision. Complainant
may then proceed to file complaints with other commissions or courts
as it may deem appropriate in its own judgment or it may appeal the
Commission's determination to the Centre County Court of Common
Pleas within 30 days of the issuance of the Commission's determination.
L.
Finding a probable cause. If the Commission determines that probable
cause exists and if an unlawful discriminatory practice has occurred,
it shall establish a date and time for hearing, providing at least
20 days' notice thereof to complainant and respondent.
(1)
The hearing shall be public, at which time complainant and respondent
shall be given the opportunity to appear with or without counsel,
to provide testimony and submit evidence for the Commission's
consideration. Formal rules of evidence shall not apply but irrelevant
or unduly repetitive evidence may be excluded by the Commission in
its discretion.
(2)
A transcript shall be kept of the proceedings unless waived in writing
by all parties. Minutes shall be kept regarding the proceedings.
M.
Findings. If upon all of the evidence at the hearing the Commission
shall find that a respondent has engaged in or is engaging in an unlawful
discriminatory practice as defined by the local municipality's
Anti-Discrimination Ordinance, the Commission shall state its findings
and shall issue and cause to be served on the respondent an order
requiring such respondent to cease and desist from unlawful discriminatory
practices and to take such additional action as the Commission deems
appropriate. The Commission shall have the authority to order any
remedies available under the local Anti-Discrimination Ordinance,
including assessment of fines, penalties and costs as those ordinances
may authorize. Commission may also order the making of reasonable
accommodations if appropriate and may also enter orders confirming
resolutions that have been obtained by agreement or through mediation.
Any decision of the Commission herein may be appealed by either party
to the Centre County Court of Common Pleas, all such appeals must
be filed within 30 days of the issuance of findings by the Commission.
Any appeals under this chapter shall be handled in accordance with
Pennsylvania Local Agency Law.[3]
[3]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
This chapter shall have no effect over 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. However,
the filing of any civil state or federal action with a court of competent
jurisdiction or an agency of competent jurisdiction shall prevent
further proceedings under the within chapter.
A.
Operational costs. Participating municipalities shall share equally
the costs necessary to create the Commission as well as provide for
its staffing and operation. As complaints are filed, the costs of
proceeding to review, investigate and hold hearings shall be borne
exclusively by the municipality in which the discriminatory act or
practice is alleged.
B.
Annual budget. State College Borough shall prepare an operational
cost budget annually to provide for the routine and recurring expenses
necessary for the regular meetings of the Commission and staff support.
Said budget shall be delivered to the municipalities that have enacted
the Regional Human Relations Commission Ordinance on or before September
15 annually. The Managers shall meet within 30 days of the delivery
of the budget to review and approve the budget.
If any clause, sentence, paragraph or part of this chapter 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 chapter 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 chapter would not have been
adopted had such provision not been included or such persons or circumstances
been expressly excluded from its coverage.
