[HISTORY: Adopted by the Council of the Borough
of West Chester 9-20-2006 by Ord. No. 2006. Amendments noted where
applicable.]
A.
In order to ensure that all persons, regardless of
actual or perceived race, color, sex, religion, ancestry, national
origin, sexual orientation, gender identity or expression, familial
status, marital status, age, mental or physical disability, use of
guide or support animals and/or mechanical aids enjoy the full benefits
of citizenship and are afforded equal opportunities for employment,
housing and the use of public accommodations, it is necessary that
appropriate legislation be enacted.
B.
It is hereby declared to be the public policy of the
Borough to foster the employment of all individuals in accordance
with their fullest capacities regardless of actual or perceived race,
color, sex, religion, ancestry, national origin, sexual orientation,
gender identity or expression, familial status, marital status, age,
mental or physical disability, use of guide or support animals and/or
mechanical aids, and to safeguard their right to obtain and hold employment
without such discrimination, to assure equal opportunities to all
individuals and to safeguard their rights to public accommodation
and to secure housing accommodation and commercial property regardless
of actual or perceived race, color, sex, religion, ancestry, national
origin, sexual orientation, gender identity or expression, familial
status, marital status, age, mental or physical disability, use of
guide or support animals and/or mechanical aids.
C.
Nothing in this chapter shall be construed as supporting
or advocating any particular doctrine, position, point of view, or
religious view. To the contrary, it is the intention of this chapter
that all persons be treated fairly and equally, and it is the express
intent of this chapter to guarantee fair and equal treatment under
the law to all people of the Borough.
D.
This chapter shall be deemed an exercise of the police
power of the Borough for the protection of the public welfare, prosperity,
health and peace of the West Chester community.
A.
BOROUGH
BOROUGH COUNCIL
CHAPTER
DISCRIMINATION
DISCRIMINATORY ACTS
GENDER IDENTITY OR EXPRESSION
EMPLOYEE
EMPLOYER
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases appearing with initial
capital letters when used in this chapter shall have the meanings
given to them in this subsection.
The Borough of West Chester, County of Chester, Commonwealth
of Pennsylvania.
The Borough Council of the Borough of West Chester.
This chapter which shall also be known as the "Antidiscrimination
Ordinance."
Any discriminatory act(s) taken by any person, employer,
employment agency, labor organization or public accommodation on the
basis of actual or perceived race, color, sex, religion, ancestry,
national origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical disability,
use of guide or support animals and/or mechanical aids.
All acts defined in the Pennsylvania Human Relations Act
as "unlawful discriminatory practices." The fact that the Pennsylvania
Human Relations Act would not define a practice as unlawful when that
practice is taken on the basis of actual or perceived sexual orientation,
gender identity or expression, or marital status shall not exempt
such practice from being considered a discriminatory act under this
chapter.
Self perception, or perception by others, as male or female,
and shall include an individual'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 sex reassignment.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Any person who employs one or more employees, including the
Borough, its departments, boards and commissions, and any other government
agency within its jurisdiction.
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Borough, its departments, boards and commissions, and other for
profit and nonprofit organizations.
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public or offers
goods or services, including loans, to the general public or is listed
in Section 4(I) of the Pennsylvania Human Relations Act, 43.P.S. § 954(I),
but shall not include any accommodations which are in their nature
distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
B.
To the extent words and phrases appearing in this
chapter are not expressly defined herein, the words and phrases shall
be defined in accordance with the meaning given to such term in the
Act.
A.
Discrimination in housing, employment or public accommodations
is prohibited under this chapter.
B.
Retaliation against any individual because such individual
has opposed any practice forbidden by this chapter, or because such
individual has made a charge, testified or assisted in any manner
in any investigation, proceeding or hearing under this chapter is
prohibited under this chapter.
C.
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.
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 governmental
appropriations, to refuse to hire or employ an individual on the basis
of religion.
A.
Pursuant to § 962.1 of the Pennsylvania
Human Relations Act, there is hereby established a Human Relations
Commission in and for the Borough of West Chester (hereinafter referred
to as the “West Chester Human Relations Commission" or the "Commission").
B.
The West Chester Human Relations Commission shall
consist of five members, who shall serve overlapping terms of three
years each. Members of the Commission shall be appointed by Borough
Council. Members shall be residents of the Borough. No member of the
West Chester Human Relations Commission shall hold any office in any
political party. Members of the West Chester Human Relations Commission
shall serve without salary but may be paid expenses incurred in the
performance of their duties as approved by the Borough Council.
C.
One of the Commission's members shall be appointed
as the Chairperson of the Commission by the Mayor. The Chairperson
will be responsible for setting Commission meetings, coordinating
with the West Chester Borough Manager regarding received complaints
and answers, and generally ensuring that the duties of the Commission
are fulfilled. The Chairperson may delegate responsibility for Commission
duties to specific Commissioners or to paid staff, if applicable.
D.
The Borough Council hereby grants to the Borough Human
Relations Commission all of the powers necessary to execute its duties
(as set forth below), provided that those powers shall not exceed
those exercised by the Pennsylvania Human Relations Commission under
the Pennsylvania Human Relations Act.
A.
Filing a complaint.
(1)
Any person(s) who claims he/she or it has been aggrieved by an unlawful practice prohibited in § 37A-3 of this chapter may make, sign and file a verified complaint alleging violations of this chapter, which shall include the following information:
(a)
The name and address of the aggrieved person(s);
(b)
The name and address of the person(s) alleged
to have committed the prohibited practice;
(c)
A concise statement of the facts, including
pertinent dates, constituting the alleged discriminatory practice;
(d)
If applicable, the address and a description
of the dwelling unit which is involved; and
(e)
Such other information as may be required by
the Borough.
(2)
Complaints may be filed in person at the Borough Manager's
office, or by mailing such complaints to the Borough Manager's office
or to the Chairperson of the Human Relations Commission. All complaints
must be received by the Borough Manager's office or by Human Relations
Commission within 300 days of the alleged act of discrimination to
be considered timely.
(3)
The Borough Manager's office shall convey all original
complaints received by that Office to the Chairperson of the Human
Relations Commission within 10 days of the office's receipt of such
complaints.
B.
Notification and answer.
(1)
Within 30 days of its receipt of a complaint, the
Human Relations Commission shall send a copy of the complaint to the
person(s) charged with a discriminatory practice (the "respondent(s)")
and send a notice to the person(s) aggrieved, informing them that
their complaint has been received. If the complaint alleges discrimination
on a basis proscribed under federal or state law, the notice sent
to the person(s) aggrieved shall also inform them of their right to
file with the state Human Relations Commission and/or with the federal
Equal Employment Opportunity Commission.
(2)
The respondent(s) shall file a written verified answer
to the complaint within 60 days of their receipt of the complaint.
An answer to a complaint may be filed in the same manner as an original
complaint. If the answer is filed with the Borough Manager's office,
it shall be conveyed by the Borough Manager to the Chairperson of
the Human Relations Commission within 10 days of the Borough Manager's
office's receipt thereof. The Commission shall promptly send a copy
of the answer to the person(s) aggrieved.
C.
Mediation.
(1)
After the answer has been received, the Commission
shall, within 60 days, invite the parties to voluntarily participate
in the mediation of their dispute. The parties shall respond to the
invitation to mediate within 30 days of being invited to mediate their
dispute.
(2)
If mediation is elected by the parties, the parties
may jointly select a mediation service, in which case the parties
shall be financially responsible for all costs and expenses associated
with mediation. If the parties do not jointly select a mediator, the
Commission shall select a mediator, who may be a member of the Commission,
a volunteer from the community, or a contracted mediation service.
The Commission shall use cost-free volunteer mediators only, unless
funds are approved for contracted mediation services by the Borough
Council, or are obtained from an outside funding source.
(3)
The parties shall notify the Commission of whether
the mediation was successful in resolving the complaint. Mediation
proceedings shall otherwise be confidential and shall not be made
public unless agreed to in writing by both parties to the dispute.
D.
Dismissal of the complaint. Provided the Commission has not elected under Subsection E of this section to use expanded procedures, the Commission shall, following the mediation, promptly notify the parties that they have dismissed the complaint. If the complaint was not resolved through mediation, this notice shall also indicate that the person aggrieved has a right to pursue the matter in court by filing a lawsuit.
E.
Option of the Commission to elect for expanded procedures. Subject to the approval of Borough Council, and provided funding is available to implement such procedures, the Commission shall have the authority to elect to adopt expanded procedures, as set forth in Subsections F through L of this section. The Commission may obtain funding for expanded procedures from any available source, including federal or state government entities, private foundations, and other funding sources. A majority of Commission members must vote in favor of adopting expanded procedures in order for such procedures to be adopted. In the event that such procedures are adopted, they must, while in effect, be applied to all complaints that are not resolved through mediation. If the Commission has adopted expanded procedures it may also by majority vote, and in its sole discretion, eliminate such procedures. Provided funds are available, it shall be solely within the discretion of the Commission and the Borough Council to decide whether to adopt or eliminate expanded procedures, and no person shall have the right to make any claim, bring any action, or otherwise contest the Commission and/or Council's decision to adopt, decline to adopt, or eliminate expanded procedures. This section does not create any private right or entitlement to have expanded procedures implemented, even if funding is available for such procedures.
F.
Expanded procedures: dismissal or nondismissal of the complaint. If mediation was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection D of this section for dismissing the complaint. If mediation was not successful in resolving the complaint, the Commission shall not dismiss the complaint, but shall instead undertake the procedures set out in Subsections G through I of this section.
G.
Expanded procedures: investigation. The Commission
shall, in a timely fashion, investigate the allegations of discrimination
set forth in the complaint. The Commission may, in the conduct of
such investigation, issue subpoenas to any person charged with an
unlawful practice to furnish information, records or other documents,
as necessary to assist in its investigation.
H.
Expanded procedures: finding of no cause. If it shall
be determined after the Commission's investigation that there is no
basis for the allegations of the complaint, the Commission shall cause
to be issued and served upon the parties written notice of such determination.
This notice shall inform the person aggrieved that they have the right
to pursue the matter in court by filing a lawsuit.
I.
Expanded procedures: conciliation. If the Commission,
after investigation, determines that probable cause exists for the
allegations of the complaint, the Commission shall immediately endeavor
to eliminate the unlawful practice complained of by persuasion, conference
and conciliation.
J.
Expanded procedures: public hearing.
(1)
If the Commission, in its discretion, finds it is
not possible to eliminate the unlawful practices by persuasion, the
Commission shall cause to be issued and served a written notice, together
with a copy of the complaint, which informs the respondent that they
must answer the charges of such complaint at a hearing before the
Commission at a time and place to be specified in such notice.
(2)
The Commission may designate one or more of its members
to preside at such a hearing, or it may at its election conduct such
hearing en banc.
(3)
At the public hearing, the case in support of the
complaint shall be presented to the Commission by counsel for the
complainant or by Commission staff. The case in support of the complaint
may instead be presented by the complainant's attorney, if the complainant
is represented. Both the complainant and the respondent may appear
at the hearing with or without counsel, and provide testimony. In
addition, both the complainant and the respondent may introduce the
testimony of additional witnesses, and may submit documentary evidence.
The Commission and the parties shall not be bound by the strict rules
of evidence at the hearing.
K.
Expanded procedures: findings. If upon consideration
of all of the evidence at the hearing, the Commission finds that a
respondent has engaged in or is engaging in any unlawful discriminatory
act as defined in this chapter, the Commission 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 additional action as the
Commission deems appropriate. The Commission shall have the authority
to order any remedies available to the Pennsylvania Human Relations
Commission under the Pennsylvania Human Relations Act.
L.
Expanded procedures: finding of no discrimination.
If, upon consideration of all of the evidence, the Commission finds
that a respondent has not engaged in any unlawful discriminatory act
as defined in this chapter, the Commission shall state its findings
of fact, and shall issue and cause to be served on the parties an
order dismissing the complaint as to such respondent.
A.
Any person(s) aggrieved by a violation of this chapter
shall have a right of action in the Chester Court of Common Pleas
or any other court of competent jurisdiction, and may recover for
each violation the following remedies:
B.
The right of action created by this chapter may be
brought upon receipt by the aggrieved person(s) of notice that the
Commission has dismissed the complaint or if no such notice is received,
after one year from the date of the filing of the complaint. If the
person aggrieved has received notice that the Commission has dismissed
the complaint, an action under this chapter must be brought by the
aggrieved person within one year from the date of receipt of said
notice or it will be barred. Equitable principles such as waiver,
estoppel and equitable tolling shall apply to the time limitations
for the filing of any complaint or other pleading under this chapter.
C.
Nothing in this chapter limits the right of an aggrieved
person to recover under any other applicable law or legal theory.
