[HISTORY: Adopted by the City Council of
the City of Lancaster as Article 185 of the Codified Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Housing — See Ch. 169.
A.
Findings.
(1)
The population of the City consists of people representing
a broad spectrum of races, creeds and ethnic groups. The practice
or policy of discrimination against individuals or groups by reason
of their race, color, religion, ancestry, national origin, age, sex,
familial status, sexual orientation, marital status, possession of
a General Education Development Certificate (GED), handicap or disability
or use of a support animal because of the handicap or disability of
the user or because the user is a handler or trainer of support or
guide animals is a matter of concern to the City. Such discrimination
encourages domestic strife and social unrest, while threatening the
rights and privileges of all the inhabitants of the City.
[Amended 11-27-2001 by Ord. No. 10-2001]
(2)
Employment discrimination deprives persons of earnings
necessary to maintain decent standards of living, tends to impair
the City's productive capacity, reduces public revenues and contributes
to group tensions and conflicts. Housing discrimination results in
overcrowded, segregated areas which tends to promote substandard,
unsafe and unsanitary living conditions. These adverse conditions
foster crime, vice, juvenile delinquency and similar evils which are
all detrimental to the welfare of the City.
[Amended 11-27-2001 by Ord. No. 10-2001]
(3)
Discrimination in educational institutions precludes
equal opportunities. Lack of equal education opportunity impedes the
students' abilities to compete for gainful employment when the educational
phase is completed.
(4)
Discrimination in places of public accommodation causes
humiliation, embarrassment and is an inconvenience to citizens and
visitors alike.
B.
Declaration of policy. It is hereby declared to be
the policy of the City to promote the right and opportunity of all
persons to participate in the social, cultural, recreational and economic
life of the City and to assure equal opportunity for all persons concerning
employment, housing and commercial property, education, public accommodations,
lending practices and real estate practices without regard to race,
color, religion, ancestry, national origin, sex, age, familial status,
sexual orientation, marital status, possession of a GED, handicap
or disability or the use of a support animal or because the user is
a handler or trainer of support or guide animals.
[Amended 11-27-2001 by Ord. No. 10-2001]
[Amended 11-27-2001 by Ord. No. 10-2001]
This chapter applies to discriminatory practices,
including but not limited to discrimination in employment, housing,
education, public accommodations and lending, which occur within the
corporate limits of the City.
[Amended 11-27-2001 by Ord. No. 10-2001]
The opportunity for an individual to secure
employment for which he is qualified, to obtain an equal education
opportunity and to obtain all the accommodations, advantages, facilities
and privileges of any place of public accommodation without discrimination
and of housing accommodation and commercial property without discrimination
and to obtain credit without discrimination because of race, color,
religion, ancestry, national origin, age, sex, familial status, sexual
orientation, marital status, possession of a GED, handicap or disability
or the use of a support animal or because the user is a handler or
trainer of support or guide animals is hereby recognized as and declared
to be a civil right which shall be enforceable as set forth in this
chapter.
As used in this chapter, the following terms
shall have the meanings specified, unless a different meaning clearly
appears from the context:
- AGE
- Refers to individuals age 40 years and older for purposes of § 125-8.[Amended 11-27-2001 by Ord. No. 10-2001]
- A. Any buildings, structure or facility or portion thereof, which is used, occupied or is intended, arranged or designated to be used or occupied for the purpose of operating a business, an office, a manufactory or any public accommodation; or
- B. Any vacant land offered for sale or lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.
[Amended 11-27-2001 by Ord. No. 10-2001]
- COMMISSION
- The Lancaster City Human Relations Commission, created by
this chapter, its agents or designees.[Amended 11-27-2001 by Ord. No. 10-2001]
- DISCRIMINATE and DISCRIMINATION
- Includes any difference in treatment based on race, color,
religion, ancestry, national origin, age, sex, familial status, sexual
orientation, marital status, possession of a GED, handicap or disability,
use of a support animal or because the user is a handler or trainer
of support or guide animals. The terms include "segregate" and "segregation."[Amended 11-27-2001 by Ord. No. 10-2001]
- EDUCATIONAL INSTITUTION
- Any institution which accepts or solicits individuals to engage in the learning process such as day-care centers, nursery schools, kindergartens, primary and secondary schools, high schools, academies, extension schools, camps or any secretarial, business, vocational or trade school of post-secondary grade which is subject to the visitation, examination or inspection of or is licensed by the Commonwealth Department of Education, including any accredited correspondence school, post-secondary school, college, junior college or university, except any religious or denominational educational institution as defined in this section. It is not within the Commission's jurisdiction to process complaints for people considered to be employees of the Commonwealth of Pennsylvania.
- EMPLOYEE
- Does not include:
- EMPLOYER
- Includes the City or any board, department, commission, authority
thereof, any person employing four or more persons within the City
and any religious, fraternal, charitable or sectarian corporation
or association employing four or more persons and supported in whole
or in part by governmental appropriations. Employer does not include
parents, spouse or children or religious, fraternal, charitable or
sectarian corporations or associations not supported by governmental
appropriations.[Amended 11-27-2001 by Ord. No. 10-2001]
- EMPLOYMENT AGENCY
- Any person regularly undertaking, with or without compensation, to procure, recruit, refer or place employees.
- A. One or more individuals who have not attained the age of 18 years domiciled with:
- B. A parent or another person having legal custody of such individual; or
- C. The designee of such parent or other person having such custody, with the written permission of such parent or other person.
- D. 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.
- GED
- General Education Development Certificate.
- HANDICAP or DISABILITY
- A physical or mental impairment that substantially limits one or more major life activities, having a record of such impairment or being regarded as having such an impairment.
- A. Includes:
- B. 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 by a person, by a family or by a group of persons living together; or
- C. Any vacant land offered for sale or lease or held for the purpose of constructing or locating thereon any such building, structure, mobile home site or facility.
- D. Housing accommodation shall not include any personal residence offered for rent by the owner or lessee thereof or by his broker, salesperson, agent or employee.
- LABOR ORGANIZATION
- Any organization which exists for the purpose in whole or in part of collective bargaining or dealing with employers concerning grievances, wages, hours of work or other terms and conditions of employment or of other mutual aid or protection in relation to employment.
- LENDING INSTITUTION
- Any bank, insurance company, savings and loan association or any person or organization regularly engaged in the business of lending money, granting credit or guaranteeing loans, and including credit rating bureaus which supply information used to determine the eligibility for such loans or credit.
- NON-JOB-RELATED HANDICAP OR DISABILITY
- Any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in or has been engaged in. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a handicap or disability job related.
- OWNER
- Includes the owner, co-owner, lessee, sublessee, mortgagee,
assignee, manager, agent or any other person having an equitable or
security interest in any housing accommodation, including the City
and its departments, boards, commissions and authorities.[Amended 11-27-2001 by Ord. No. 10-2001]
- PERSON
- Any individual, partnership, corporation, labor organization,
educational institution, the City and its legal authorities or other
organization or association, including those acting in a fiduciary
or representative capacity, whether appointed by a court or otherwise.
As applied to partnerships or other organizations or associations,
person includes their members, and as applied to corporations, person
includes their officers.[Amended 11-27-2001 by Ord. No. 10-2001]
- PERSONAL RESIDENCE
- 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 of each other and used by the owner as a bona fide residence for himself and any members of his family forming his household.
- POLITICAL SUBDIVISION
- Any city, township or borough within the County of Lancaster.
- PUBLIC ACCOMMODATION or PLACE OF PUBLIC ACCOMMODATION
- Any place which is open to and accepts or solicits the patronage
of the general public, including but not limited to inns, taverns,
restaurants or eating houses, resorts, places of recreation or amusement,
hotels, motels, clinics, drug stores, hospitals, swimming pools, barbershops,
beauty parlors, retail stores, parks, bowling alleys, gymnasiums and
public libraries, and includes all governmental facilities, nonsectarian
cemeteries, garages and all public conveyances operated on land or
water or in the air as well as the stations, terminals and airports
thereof and financial institutions. The above does not include any
accommodations which are in their nature distinctly private.[Amended 11-27-2001 by Ord. No. 10-2001]
- REAL ESTATE BROKER
- Any natural person, partnership, corporation or other association that sells, purchases, exchanges, 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 engaged in the business of managing, selling, purchasing, exchanging or renting the real property of another, and includes real estate salespeople or agents or any person employed by a real estate broker to perform or to assist in the performance of his business.
- RELIGION
- A person's religious creed or the practices and observances with which a person expresses a religious creed.
- RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTION
- Any educational institution which is operated, supervised, controlled or sustained primarily by a religious, sectarian or denominational organization or is one which is stated by the parent church or denomination to be and is, in fact, officially related to it by being represented on the board of that institution and by providing substantial financial assistance.
- SEX
- The gender, male or female, of a person.
- SEXUAL ORIENTATION
- Male or female homosexuality, heterosexuality, bisexuality
and any other gender identity, by practice or as perceived by others.[Amended 11-27-2001 by Ord. No. 10-2001]
[Amended 11-27-2001 by Ord. No. 10-2001]
A.
The Lancaster City Human Relations Commission (the
Commission) shall administer, implement and enforce the provisions
of this chapter.
B.
The Commission shall consist of five regular members
appointed by the Mayor, with the prior approval of the Council of
the City of Lancaster. The members appointed shall reflect the cultural,
racial, economic, religious, gender and physically impaired groups
in the City. Members shall be residents of the City.
C.
Persons appointed as Commissioners shall serve for
terms of three years, provided that in making the first appointments
to the Commission, two members shall be appointed for terms of one
year each, two members shall be appointed for terms of two years each,
and one member shall be appointed for a term of three years. Members
may be reappointed. Each member of the Commission shall continue to
serve after the term until a successor is appointed. In the event
of a vacancy due to the death, resignation, removal or any other reason,
the Chairperson of the Commission shall notify the Mayor in writing
of the vacancy. Thereafter, the Mayor, with the prior approval of
City Council, shall appoint an individual to serve the remainder of
vacated term.
D.
The Commission shall elect one of its members as Chairperson
and may elect such other officers as it may deem necessary. The Chairperson
may, with the approval of the Commission, appoint such committees
as may be necessary to carry out the powers and duties of the Commission.
The Commission may authorize such committees to take any necessary
action for the Commission.
E.
The Commission shall hold meetings as required, but
shall convene at least two times during each calendar year. Three
members of the Commission shall constitute a quorum for the transaction
of business, and a majority of votes of those present at any meeting
at which a quorum is present shall be sufficient for any official
action taken by the Commission, except approval of a majority of all
the members shall be required before any public hearing may be held.
A member who shall be absent for three consecutive regular meetings
without good cause shall be considered by the Commission to have resigned
membership, and the Chairperson shall so inform the Mayor and City
Council in order that a replacement may be appointed.
[Amended 10-22-2013 by Ord. No. 11-2013]
F.
The members of the Commission shall serve without
compensation, but may be reimbursed for all necessary expenses incurred
in the performance of their duties in accordance with appropriations
made by the City.
G.
The Commission shall adopt such rules and policies
for its own organization as may be necessary to carry out the duties
of the Commission in implementing, administering and enforcing this
chapter.
H.
There shall also be, as part of the Commission, a
Board of Directors (the Board) composed of 13 members appointed by
the Mayor with the prior approval of the Council of the City. The
members appointed shall be broadly representative of the cultural,
racial, economic, religious, gender and physically impaired groups
in the City. Members shall be residents of Lancaster City.
I.
Persons appointed as Directors shall serve for terms
of three years, provided that in making the initial appointments to
the Board, four members shall be appointed for terms of one year each,
four shall be appointed for terms of two years each, and five members
shall be appointed for terms of three years each. Directors may be
reappointed. Each member of the Board shall continue to serve after
the term until a successor is appointed.
J.
The Board of Directors shall elect one of its members
as Chairperson and may elect such other officers as it may deem necessary.
The Chairperson may, with the approval of the Board, appoint such
committees as may be necessary to carry out the duties of the Board.
K.
The Board shall hold meetings as required, but shall
convene at least two times during each calendar year. Three members
shall constitute a quorum, and a majority of votes of those present
at any meeting at which a quorum is present shall be sufficient for
any action taken by the Board. Any member who shall be absent for
three consecutive regular meetings without good cause shall be assumed
by the Board to have resigned membership, and the Chairperson shall
so inform the Mayor and City Council so that a replacement may be
appointed.
[Amended 10-22-2013 by Ord. No. 11-2013]
L.
The members of the Board shall serve without compensation,
but may be reimbursed for all necessary expenses incurred in the performance
of their duties in accordance with appropriations made by the City.
M.
The Board shall adopt such rules and policies for
its own organization as may be necessary to carry out the duties of
the Board, however, the Board has no power to administer, implement,
enforce or otherwise involve itself in the enforcement of this chapter.
N.
The Board shall be responsible for the development
and implementation of programs, materials, workshops, seminars and
other educational endeavors which will promote good human relations
among the diverse individuals and groups of the City and which will
help prevent unlawful discriminatory practices. At least once per
month, the Board shall provide the Mayor and City Council a schedule
of the Board's upcoming events for the following month.
O.
The Board shall work in concert with the Commissioners
in these and other administrative duties.
[Amended 11-27-2001 by Ord. No. 10-2001]
The Lancaster City Human Relations Commission
shall have the power and duty to:
A.
Meet and function at any place within the City.
C.
Hold hearings, subpoena witnesses, administer oaths,
take testimony of any person under oath or affirmation and, in connection
therewith, require the production of evidence relating to any matter
under investigation or any question before the Commission, make findings
of fact, issue orders and publish such findings of fact and orders
and do all other things necessary and proper for the enforcement of
this chapter. The Commission shall not be bound by the strict rules
of evidence prevailing in courts of law or equity. The testimony taken
at a hearing shall be under oath and shall be transcribed. The Commission
may make rules as to the issuance of subpoenas by individual Commissioners.
In case of contumacy or refusal to obey a subpoena issued to any person,
any court of competent jurisdiction, upon application by the Commission,
may issue to such person an order requiring such person to appear
before the Commission, there to produce documentary evidence, if so
ordered, or there to give evidence touching the matter in question.
Any failure to obey such order of the court may be punished by such
court as a contempt thereof.
D.
Issue subpoenas and subpoenas duces tecum, either
at its instance or upon written application at the instance of any
party to the proceeding, whenever necessary to compel the attendance
of witnesses or to require the production for examination of any books,
payroll records, personnel records, correspondence, documents, papers
or any other evidence relating to any matter under investigation or
in question before the Commission or members thereof. The issuance
of such subpoenas and subpoenas duces tecum at the instance of a party
to the proceedings shall depend upon a showing of the necessity therefor.
E.
Recommend to the City such attorneys and permanent
hearing examiners and other employees and agents as it may deem necessary,
recommend compensation to the City and prescribe their duties.
F.
G.
Issue such publications and such results of investigations
and research as, in its judgment, shall tend to promote good will
and minimize or eliminate discrimination.
H.
Prepare and publish all findings of fact, conclusions
of law, final decisions and orders made after a public hearing by
the hearing examiners, Commission panel or full Commission.
I.
Give public access to the Commission's Compliance
Manual.
J.
Recommend to the City an Executive Director and such
other employees and agents as it may deem necessary, recommend compensation
to the City or its equivalent within the limits provided by policy
and prescribe their duties.
K.
Render from time to time, but not less than semiannually,
a written report of its activities and recommendations to the Mayor
and City Council.
[Amended 10-22-2013 by Ord. No. 11-2013]
L.
Adopt, promulgate, amend or rescind such rules and
regulations, as may be necessary, to carry out the purposes and provisions
of this chapter.
M.
The City may contract with another political subdivision to provide administrative, technical, logistical and other support to the Commission to enable the Commission to carry out its duties as set forth in Subsections B, C, D, F, G, H, and I above (service contracts). If the City enters such a service contract, the Commissioners' power under this subsection shall be limited by such contract.
[Amended 11-27-2001 by Ord. No. 10-2001]
Whenever any problem of racial or ethnic discrimination or racial or ethnic tension arises, the Lancaster City Human Relations Commission may immediately hold investigatory hearings. The place of any such hearings may be held anywhere in the City that a problem arises. The hearings may be public or private and the Commission shall have the same powers as provided in this chapter for hearings on complaints. The purpose of the hearings shall be to resolve the situation promptly by the gathering of all the facts from all interested parties and making such recommendations as may be necessary. Should the recommendations of the Commission not be accepted within a reasonable time, the Commissioners may, with the consent of the majority of members, on its own behalf initiate a complaint based upon the findings resulting from the hearings, and thereafter the procedure shall be as set forth in §§ 125-15 and 125-17.
It shall be an unlawful discriminatory employment
practice, unless based upon a bona fide occupational qualification
or applicable security regulation established by the United States
of America, the Commonwealth of Pennsylvania, the County of Lancaster
or any ordinance of the City of Lancaster:
A.
For any employer to refuse to hire any person or otherwise to discriminate (as defined in § 125-4) against any person with respect to hiring, tenure, compensation, promotion, discharge or other terms, conditions or privileges directly or indirectly related to employment if the individual is the best able and most competent to perform the services required.
[Amended 11-27-2001 by Ord. No. 10-2001]
(1)
The provisions of this subsection shall not apply
to:
(a)
Termination of employment because of the terms
or conditions of any bona fide retirement or pension plan;
(b)
Operation of the terms or conditions of any
bona fide retirement or pension plan which has the effect of a minimum
service requirement;
(c)
Operation of the terms or conditions of any
bona fide group or employee insurance plan; or
(d)
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.
(2)
Notwithstanding any provision of this subsection,
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.
B.
For any employer, employment agency or labor organization
to require of any applicant for employment or membership any information
concerning race, color, religion, ancestry, national origin, age,
sex, familial status, sexual orientation, marital status, possession
of a GED or non-job-related handicap or disability, use of a support
animal or because the user is a handler or trainer of support or guide
animals. An employer may inquire as to the individual's ability to
perform the essential functions of the employment. Prior to an offer
of employment, an employer may not inquire as to the existence and
nature of a present handicap or disability.
[Amended 11-27-2001 by Ord. No. 10-2001]
C.
For an employer, employment agency or labor organization to publish or circulate or to cause to be published or circulated any notice or advertisement relating to employment or membership which indicates any discrimination or intent to discriminate (as defined in § 125-4).
[Amended 11-27-2001 by Ord. No. 10-2001]
D.
For any employment agency to fail or refuse to classify properly or refer to employment or otherwise to discriminate against any person (as defined in § 125-4).
[Amended 11-27-2001 by Ord. No. 10-2001]
E.
For any employer substantially to confine or limit
recruitment or hiring of employees to any employment agency, employment
service, labor organization, training school, training center or any
other employee-referring source which serves persons who are predominantly
of the same race, color, religion, ancestry, national origin, age,
sex, family status, sexual orientation, marital status, non-job-related
handicap or disability.
[Amended 11-27-2001 by Ord. No. 10-2001]
F.
For any labor organization to discriminate (as defined in § 125-4) against any person in any way which would deprive or limit that person's employment opportunities or otherwise adversely affect that person's status as an applicant for employment or as an employee with regard to tenure, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment.
[Amended 11-27-2001 by Ord. No. 10-2001]
G.
For any employer, employment agency or labor organization
to penalize or discriminate against any person because that person
has opposed any practice forbidden by this section or because he has
made a complaint or testified or assisted in any manner in any investigation
or proceeding under this chapter.
H.
For any person, whether or not an employer, employment
agency or labor organization, to aid, incite, compel, coerce or participate
in the execution of any act declared to be an unlawful employment
practice by this chapter, or to obstruct or prevent any person from
enforcing or complying with the provisions of this chapter or any
rule, regulation or order of the Commission, or to attempt directly
or indirectly to commit any act declared by this section to be an
unlawful employment practice.
I.
For any employer to fail to make reasonable efforts
to assure a working environment free of bias in regard to employees'
race, color, religion, ancestry, national origin, age, sex, familial
status, sexual orientation, marital status, non-job-related handicap
or disability or possession of a GED, use of a support animal or because
the user is a handler or trainer of support or guide animals.
[Amended 11-27-2001 by Ord. No. 10-2001]
J.
For any employer, employment agency or labor organization,
prior to the employment or admission to membership, to deny employment
because of a prior handicap or disability.
It shall be an unlawful housing practice, except
as otherwise provided in this section:
A.
For any owner, real estate broker or any other person to discriminate (as defined in § 125-4) against any person by refusing to sell, lease, sublease, rent, assign or otherwise transfer, or by refusing to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold or other interest in any housing accommodation or commercial property to any person, or by representing that any housing accommodation or commercial property is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available, or otherwise by denying or withholding any housing accommodation or commercial property from any person, or to discriminate against, segregate or assign quotas to any such 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 housing accommodation or commercial property.
[Amended 11-27-2001 by Ord. No. 10-2001]
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 housing accommodation or commercial property any clause, condition or restriction which discriminates against or requires any other person to discriminate (as defined in § 125-4) against any person in the use or occupancy of such housing accommodation or commercial property.
[Amended 11-27-2001 by Ord. No. 10-2001]
C.
For any person, including any owner or real estate broker, to discriminate (as defined in § 125-4) in the furnishing of any facilities or services for any housing accommodation or commercial property.
[Amended 11-27-2001 by Ord. No. 10-2001]
D.
For any person, including any owner or real estate broker, to publish, circulate, issue or display or cause to be published, circulated, issued or displayed any communication, notice, advertisement or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer or listing of any housing accommodation or commercial property which indicates any preference, limitation, specification or other discrimination (as defined in § 125-4) or an intent to discriminate.
[Amended 11-27-2001 by Ord. No. 10-2001]
E.
For any person, including any bank, banking organization,
mortgage company, insurance company or other financial or lending
institution or any agent or employee thereof, to whom application
is made for financial assistance for the purchase, lease, acquisition,
construction, rehabilitation, repair, or maintenance of any housing
accommodation or commercial property:
[Amended 11-27-2001 by Ord. No. 10-2001]
(1)
To discriminate (as defined in § 125-4) against any person or group of persons or against the prospective occupants or tenants of such housing accommodation or commercial property in granting, withholding, extending, modifying or renewing of or in the rates, terms, conditions or privileges of any such financial assistance or the extension of services in connection therewith; or
(2)
To make any inquiry, elicit any information, make
or keep any record or use any form of application for such financial
assistance in connection with applications for such financial assistance
which indicates, directly or indirectly, any limitation, specification
or discrimination because of race, color, religion, ancestry, national
origin, age, sex, familial status, sexual orientation, marital status,
possession of a GED, handicap or disability or use of a support animal
or because the user is a handler or trainer of support or guide animals.
F.
For any person, including any owner or real estate
broker, for business or economic purposes to induce, directly or indirectly,
the sale or rental or the listing for sale or rental, of a housing
accommodation or commercial property by representing that a change
has occurred or shall or may occur with respect to the racial, religious
or ethnic composition of the street, block, neighborhood or area in
which such housing accommodation or commercial property is located.
G.
For any person, including any owner, real estate broker
or lending institution, to aid, incite, compel, coerce or participate
in the doing of any act declared to be an unlawful housing practice
under this section, or to obstruct or prevent enforcement or compliance
with the provisions of this section or any rule, regulation or order
of the Commission, or to attempt, directly or indirectly, to commit
any act declared by this section to be an unlawful housing practice.
H.
For any person to make, print, publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a housing accommodation or commercial property which indicates any preference, limitation or other unlawful practice or an intention to make any such preference, limitation or other discrimination (as defined in § 125-4).
[Amended 11-27-2001 by Ord. No. 10-2001]
I.
Nothing in this section shall prohibit any religious
or sectarian institution or organization or any charitable or educational
organization which is operated, supervised or controlled by or in
connection with a religious or sectarian organization, or any bona
fide private or fraternal organization from limiting admission to
or giving preference to persons of the same religion or sect or to
members of such private or fraternal organization, or from making
such selection as is calculated by such organization to promote the
religious or sectarian principles or the aims, purposes or fraternal
principles for which it is established or maintained.
J.
Nothing in this section shall prohibit any person
from owning and operating a housing accommodation in which a room
or rooms are leased, subleased or rented only to persons of the same
sex, when such housing accommodation contains common lavatory, kitchen
or similar facilities available for the use of all persons occupying
such housing accommodations.
K.
Nothing in this section shall apply to rooms or units
in dwellings containing living quarters occupied or intended to be
occupied by no more than two families living independently of each
other if the owner actually maintains and occupies one of such living
quarters as such owner's personal residence.
L.
Nothing in this section shall prohibit a minimum age
requirement imposed by the owner of a housing accommodation within
a duly approved age-restricted community, development or building.
[Added 11-27-2001 by Ord. No. 10-2001]
A.
It shall be an unlawful educational practice for an
educational institution, except a religious or denominational educational
institution:
[Amended 11-27-2001 by Ord. No. 10-2001]
(1)
To exclude, limit or otherwise discriminate (as defined in § 125-4) against any student seeking admission as a student to such institutions. However, it shall not be an unlawful educational practice for any educational institution to use criteria other than race, color, religion, ancestry, national origin, age, sex, familial status, sexual orientation, marital status, possession of a GED, handicap or disability, use of a support animal or because the user is a handler or trainer of support or guide animals, in the admission of students.
(2)
To make any written or oral inquiry prior to admission
concerning or designed to elicit information as to the race, color,
religion, ancestry, national origin, age, sex, familial status, sexual
orientation, martial status, handicap or disability, use of support
animal or if the user is a handler or trainer of support or guide
animals of a student seeking admission to such institution.
(3)
To expel, suspend, punish, deny use of facilities or otherwise discriminate (as defined in § 125-4) against any student.
(4)
To penalize or discriminate against any individual
because that individual has initiated, testified, participated or
assisted in any proceedings under this chapter.
(5)
To fail to preserve for a period of three years any
records, documents and data dealing with or pertaining to the admission,
rejection, expulsion or suspension of students or to refuse to make
such records, documents, and data available at all times for the inspection
of the Lancaster City Human Relations Commission.
B.
It shall be an unlawful educational practice for a
religious or denominational educational institution:
[Amended 11-27-2001 by Ord. No. 10-2001]
(1)
To exclude or limit or otherwise discriminate because
of race, color, ancestry, national origin, age, sex, familial status,
sexual orientation, marital status, possession of a GED, handicap
or disability or use or training of support animals against any student
or students seeking admission as students to such institutions. However,
it shall not be unfair educational practice for any religious or denominational
educational institution to use criteria other than race, color, ancestry,
national origin, age, sex, familial status, sexual orientation, marital
status, possession of a GED, handicap or disability, use of a support
animal or because the user is a handler or trainer of support or guide
animals of or by a student seeking admission to such institution.
(2)
To expel, suspend, punish, deny facilities or otherwise
discriminate against any student because of race, color, ancestry,
national origin, age, sex, familial status, sexual orientation, marital
status, possession of a GED, handicap or disability, use of a support
animal or because the user is a handler or trainer of support or guide
animals.
(3)
To penalize or discriminate against any individual
because that individual has initiated, testified, participated or
assisted in any proceedings under this chapter.
C.
It shall be an unlawful educational practice for any
person to aid, abet, incite, compel or coerce the doing of any act
declared by this chapter to be an unlawful educational practice, or
to obstruct or prevent any person from complying with the provisions
of this chapter or any order issued hereunder, or to attempt directly
or indirectly to commit any act declared by this section to be an
unlawful educational practice.
D.
Nothing in this section shall be deemed to affect
in any way the right of bona fide religious groups, sects or denominational
educational institutions to select their students exclusively or primarily
from members of such sects, religions or denominations or from giving
preference in such selection to such members.
E.
Nothing in this section shall prohibit any educational
institution from accepting and administering any inter vivos or testamentary
gift upon such terms and conditions as may be prescribed by the donor
to the extent that the acceptance and administration thereof does
not violate the constitutions or laws of the United States of America
or the Commonwealth of Pennsylvania.
F.
As used in this section, "student" means a person
seeking admission to, or in attendance at, a school or educational
institution.
[Amended 11-27-2001 by Ord. No. 10-2001]
It shall be an unlawful public accommodation
practice for any person being the owner, lessee, proprietor, manager,
superintendent, agent or employee for any place of public accommodation
to:
A.
Discriminate (as defined in § 125-4) against any person by refusing, withholding from or denying any person, either directly or indirectly, any of the accommodations, advantages, facilities, services or privileges, products or goods of such place of public accommodation; or
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, goods, products, services and privileges of
any such place shall be refused, withheld or denied to any person
because of race, color, religion, ancestry, national origin, age,
sex, familial status, sexual orientation, marital status, handicap
or disability, use of a support animal or because the user is a handler
or trainer of support or guide animals, or that the patronage of any
person of any particular race, color, religion, ancestry, national
origin, age, sex, familial status, sexual orientation, marital status,
handicap or disability, use of a support animal or because the user
is a handler or trainer of support or guide animals is unwelcome,
objectionable or not acceptable, desired or solicited.
C.
Nothing within this section shall prohibit the establishment
of reasonable minimum age restriction or age restriction required
by other law.
[Amended 11-27-2001 by Ord. No. 10-2001]
It shall be an unlawful discriminatory practice
for any person, including any owner or real estate broker, to:
A.
Induce, solicit or attempt to induce or solicit 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 a particular race, color, religion, ancestry, national
origin, age, sex, familial status, sexual orientation, marital status,
handicap or disability or who are support animal dependent or handle
or train support or guide animals.
B.
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 a particular race, color, religion, ancestry,
national origin, age, sex, familial status, sexual orientation, marital
status, handicap or disability or who are support animal dependent
or handle or train support animals.
C.
Misrepresent, 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 a particular race, color, religion, ancestry, national origin,
age, sex, familial status, sexual orientation, marital status, handicap
or disability or who are support animal dependent or handle or train
support animals within such neighborhood, community or area.
D.
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 a particular race, color, religion,
ancestry, national origin, age, sex, familial status, sexual orientation,
marital status, handicap or disability or who are support animal dependent
or handle or train support animals.
E.
Nothing within this section shall prohibit the creation
or establishment of age restricted communities which have been duly
approved by the City and/or other appropriate authority.
[Amended 11-27-2001 by Ord. No. 10-2001]
When the Lancaster City Human Relations Commission
determines that a housing accommodation or accommodations involved
in a complaint of unlawful housing practice may be sold, rented or
otherwise disposed of before a determination of the case has been
made, and the Commission shows probable cause for the complaint, the
Court of Common Pleas of Lancaster County may issue an injunction
restraining the sale, rental or other disposition of the housing accommodation
or accommodations except in compliance with the order of court. In
every such case, the court shall grant or deny the injunction within
30 days of the filing of the suit. The court may attach to any such
injunction granted such other conditions as it deems proper. Such
injunction, if issued, shall be of no more than 30 days' duration.
If an extension of time is required by the Commission, this extension
may be granted at the discretion of the court, but a reasonable bond
shall be required by the court before granting such extension.
A.
Any person claiming to be aggrieved by an alleged
unlawful discriminatory act may initiate, sign and file with the Lancaster
City Human Relations Commission 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 Commission. The Commission upon its own initiative
may, in like manner, make, sign and file a complaint. The Commission
shall send a copy of the complaint to the person or persons charged
with having engaged or engaging in an unlawful practice, hereinafter
referred to as "respondent," within 30 days from the date of docketing
the complaint. A respondent shall file a written verified answer to
the complaint within 20 days of service of the complaint. The Commission,
upon request of the respondent, may grant an extension of not more
than 30 additional days. The Commission or the complainant shall have
the power to amend any complaint. If a complaint is amended, the Commission
shall send a copy of the amended complaint to the named respondent
within 30 days of docketing the amended complaint. The respondent
shall have like power to amend any answer at any time before final
action has been taken by the Commission.
[Amended 11-27-2001 by Ord. No. 10-2001]
B.
After the filing of any complaint, the Commission
shall conduct a prompt investigation. After service of the complaint,
the Commission shall encourage voluntary and informed predetermination
settlements between the parties.
[Amended 11-27-2001 by Ord. No. 10-2001]
C.
If it is determined after investigation that there
is no basis for the allegations in a complaint, the Commission shall
within 10 days from such determination cause to be issued and served
upon the named parties to the complaint written notice of such determination.
Within 10 days from the receipt of such notice, the complainant or
the complainant's attorney may file with the Commission a written
request for review and the Commission shall provide the complainant
and the complainant's attorney an opportunity to appear before the
Commission or a member thereof. After such review the Commission may
reverse its decision, or if the Commission or its representative determines
that there is no basis for the allegations in the complaint, the dismissal
of the complaint shall be affirmed and there shall be no further review
of such decision.
[Amended 11-27-2001 by Ord. No. 10-2001]
D.
If the Commission determines after investigation that
probable cause exists for the allegations of the complaint, the Commission
shall immediately endeavor to eliminate the unlawful practice by conference,
conciliation and persuasion. The Commission shall not make public
any matters relating to efforts to adjust the complaint; but it may
publish the terms of any agreement when a complaint has been satisfactorily
adjusted. The Commission shall dismiss a case with prejudice before
or after a finding of probable cause which, in its opinion, appropriate
remedy has been offered by the respondent and refused by the Complainant.
[Amended 11-27-2001 by Ord. No. 10-2001]
E.
In any case of failure to eliminate the unlawful practice
charged in the complaint by means of informal proceedings or if, in
the judgment of the Commission, the facts so warrant, the Commission
may hold a public hearing to determine whether or not an unlawful
practice has been committed.
F.
Where a public hearing is ordered, the Commission
shall designate one or more members or other designee to conduct such
a hearing. The Commission shall serve upon the person charged with
having engaged or engaging in unlawful practice, hereinafter referred
to as "respondent," a notice of the time and place of the hearing.
The respondent shall have the right to file an answer to the complaint
or any amended complaint, to appear at the hearing in person and/or
to be represented by an attorney or, subject to the approval of the
hearing panel, by any other person, and to examine and cross-examine
witnesses. The complainant shall also have the right to be represented
by an attorney or, subject to the approval of the hearing panel, by
any other person, and to examine and cross-examine witnesses. The
Commission 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 shall be transcribed.
G.
If, upon all the evidence at the hearing, the Commission
finds that the respondent has been engaged in or is engaged in any
unlawful practice, the Commission shall state its findings of fact
and shall issue and cause to be served on the respondent an order
requiring the respondent to cease and desist from such unlawful practice
or practices and to take such affirmative action, including but not
limited to 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,
renting or leasing of a housing accommodation 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 any housing accommodation or commercial property,
or the granting, permitting, selling or admission to any of the accommodations,
advantages, facilities, services or privileges, products or goods
of any respondent place of public accommodation, upon such equal terms
and conditions to any person discriminated against or to all persons
as, in the judgment of the Commission, will effectuate the purposes
of this chapter, including a requirement for a report or reports on
the manner of compliance. Copies of the order shall be served on all
parties. No order shall impose punitive damages on a respondent who
the Commission finds has been engaged in or is engaged in any unlawful
practice.
H.
If, upon all the evidence, the Commission finds that
the respondent has not engaged in any unlawful practice, the Commission
shall state its findings of fact and shall dismiss the complaint.
Notice of such action shall be given to the complainant and respondent.
I.
No complaint shall be considered unless it is filed
with the Commission within 180 days after the occurrence of the alleged
unlawful practice. Any complaint may be withdrawn at any time by the
party filing the complaint.
J.
At any time after the filing of a complaint, the Commission
shall dismiss with prejudice a complaint which, in its opinion, is
untimely with no grounds for equitable tolling, outside of its jurisdiction
or frivolous on its face.
[Added 11-27-2001 by Ord. No. 10-2001]
[Amended 11-27-2001 by Ord. No. 10-2001]
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 Lancaster City Human Relations
Commission. It shall be unlawful for any person to attempt, directly
or indirectly, to commit any act declared by this chapter to be an
unlawful practice.
[Amended 11-27-2001 by Ord. No. 10-2001]
The complainant, the City or the Lancaster City
Human Relations Commission may secure enforcement of the order of
the Commission or other appropriate relief. When the Commission 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
Commission, and issuance and service of a copy of such petition as
in proceedings in equity. When enforcement of a Commission order is
sought, the court may make and enter, upon the pleadings, testimony
and proceedings set forth in such transcript, an order or decree enforcing,
modifying and enforcing as so modified, or setting aside, in whole
or in part, the order of the Commission, and the jurisdiction of the
court shall not be limited by acts pertaining to equity jurisdiction
of the courts. An appeal may be taken as in other civil actions. Any
failure to obey an order of the court may be punished by such court
as a contempt thereof.
[Amended 11-27-2001 by Ord. No. 10-2001]
The authorization and appropriation of public
funds to the Lancaster City Human Relations Commission shall not preclude
the Commission from accepting donations from any other sources, public
or private, to be used in administering this chapter.
[Amended 11-27-2001 by Ord. No. 10-2001]
Any person who shall willfully resist, prevent,
impede or interfere with the Lancaster City Human Relations Commission,
its members, agents or agencies in the performance of duties pursuant
to this chapter or who shall willfully violate an order of the Commission
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 nor more than $300 or to undergo imprisonment not exceeding
10 days, or both, in the discretion of the court. Procedure for the
review of an order shall not be deemed to be such willful conduct.
