[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 17-1992. Amendments noted where applicable.]
CROSS-REFERENCES
Pennsylvania Human Relations Act: Act of Oct. 27, 1955, P.L.
744, as amended (43 P.S. § 951 et seq.).
Rental housing discrimination: see 35 P.S. § 1680.402a.
Service uniform discrimination: see Crimes Code (18 Pa.C.S.A.
§ 7323).
The following shall be unlawful employment practices, except
where based upon a bona fide occupational qualification or applicable
security regulations established by the United States of America,
the Commonwealth of Pennsylvania or the City:
A.
For any employer to refuse to hire any person or otherwise to discriminate
against any person with respect to hiring, tenure, compensation, promotion,
or discharge or any terms, conditions or privileges directly or indirectly
related to employment because of race, color, religion, ancestry,
national origin, place of birth, sex, age, non-job-related handicap
or disability, familial status, marital status, GED or sexual preference/orientation;
B.
For any employer, labor organization, employment agency, or joint
labor-management committee controlling apprentice training programs
to deny to or withhold from any person the right to be admitted to
or participate in a guidance program, an apprenticeship training program,
an on-the-job training program, or any other occupational training
program because of race, color, religion, ancestry, national origin,
place of birth, sex, age, non-job-related handicap or disability,
marital status, familial status, GED, or sexual preference/orientation;
C.
For any employer, employment agency or labor organization to require
any applicant for employment or membership to provide any information
concerning race, color, religion, ancestry, national origin, place
of birth, sex, age, non-job-related handicap or disability, marital
status, familial status, GED, or sexual preference/orientation, except
that the Commission may order the maintenance of such records as may
be relevant to the determination of whether unlawful employment practices
have been or are being committed. To determine whether a present handicap
or disability substantially interferes with the ability to perform
the essential functions of the employment for which application has
been made, is being engaged in, or has been engaged in, the employer
must inquire beyond the mere existence of a handicap or disability;
D.
For any 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 because of race, color, religion, ancestry, national
origin, place of birth, sex, age, non-job-related handicap or disability,
marital status, GED, or sexual preference/orientation;
E.
For any employment agency to fail or refuse to classify properly
or refer for employment or otherwise to discriminate against any person
because of race, color, religion, ancestry, national origin, place
of birth, sex, age, non-job-related handicap or disability, marital
status, familial status, GED, or sexual preference/orientation;
F.
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 other employee-referring
source which serves persons who are predominately of the same race,
color, religion, ancestry, national origin, place of birth, sex, age,
non-job-related handicap or disability, marital status, familial status,
GED, or sexual preference/orientation;
G.
For any labor organization to discriminate against any person in
any way which would deprive or limit employment opportunities or otherwise
adversely affect 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 because of race, color, religion, ancestry, national
origin, place of birth, sex, age, non-job-related handicap or disability,
marital status, familial status, GED, or sexual preference/orientation;
H.
For any employer, employment agency or labor organization to penalize
or discriminate or in any way retaliate against any person because
he or she has opposed any practice forbidden by this code or because
he or she has made a complaint or testified or assisted in any manner
in any investigation or proceeding under this code;
I.
For any person, whether or not an employer, employment agency or
labor organization, to aid, incite, compel, coerce, or participate
in the doing of any act declared to be an unlawful employment practice
by this section, or to obstruct or prevent any person from enforcing
or complying with the provisions of this code or any rule, regulation
or order of the Commission, or attempt, directly or indirectly, to
commit any act declared by this section to be an unlawful employment
practice, or to penalize, discriminate, or otherwise retaliate against
any person for complying with the orders of the Commission or in any
way participating with the Commission in the enforcement of this code;
J.
For any employer to fail to take reasonable measures to assure a
working atmosphere free of bias with regard to an employee's
race, color, sex, age, non-job-related handicap or disability, GED,
religion, ancestry, national origin, marital status, familial status,
or sexual preference/orientation; or
K.
For any employer, employment agency or labor organization, prior
to the employment or admission to membership, to deny employment because
of prior handicap or disability.
A.
The following shall be an unlawful housing or commercial property
practice, except as otherwise provided in this section:
(1)
For any owner, real estate broker or any other person to refuse
to sell, lease, sublease, rent, assign, or otherwise transfer or to
refuse 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 to
represent 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 to
deny or withhold or make unavailable any housing accommodation or
commercial property from any person because of race, color, religion,
ancestry, national origin, place of birth, sex, age, handicap or disability
or the use of guide or support animals, marital status, GED, familial
status, or sexual preference/orientation, 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 housing accommodations or commercial property or
to require, utilize or compel or entice another to require or utilize
restrictive covenants or zoning provisions which discriminate or are
intended to discriminate against any individuals because of race,
color, religion, ancestry, national origin, place of birth, sex, age,
handicap or disability or the use of guide or support animals, marital
status, familial status, GED, or sexual preference/orientation;
(2)
For any person or individual, including any owner or real estate
broker or any other person dealing in real estate transactions, 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, restriction or other
restrictive covenant or zoning provision discriminating against or
requiring any other person to discriminate against any person in the
use or occupancy of such housing accommodations or commercial property
because of race, color, age, national origin, sex, religion, ancestry,
marital status, familial status, GED, sexual preference/orientation,
or handicap or disability or the use of guide or support animals;
(3)
For any person, including any owner or real estate broker or
any other person dealing in real estate transactions, to discriminate
in the furnishing of any facilities or services for any housing accommodation
or commercial property or in connection therewith or to discriminate
in the brokering, appraising, assignment or other transfer of any
real property, housing accommodation, or commercial property, whether
or not secured by mortgage, because of race, color, religion, ancestry,
national origin, place of birth, sex, age, marital status, familial
status, sexual preference/orientation, handicap or disability or use
of a guide or support animal, or possession of a GED certificate;
[Amended 12-11-2007 by Ord. No. 31-2007]
(4)
For any person, including any owner or real estate broker, to
make, print, publish, circulate, issue, or display, or cause to be
made, printed, published, circulated, issued, or displayed, any communication,
notice, advertisement, or sign, or to make any oral statements of
any kind, relating to the sale, rental, lease, sublease, assignment,
transfer, or listing of any housing accommodation or accommodations
or commercial property which state or otherwise indicate or imply
any preference, limitation, specification, or discrimination based
on race, color, religion, ancestry, national origin, age, handicap
or disability, marital status, familial status, GED, or sexual preference/orientation;
(5)
For any person, including any bank, banking organization, mortgage
company, insurance company, or other financial or lending institution,
or any agent or employee thereof, or anyone else dealing in real estate
transactions to whom application is made for a loan, credit or other
financial assistance for the purchase, lease, acquisition, construction,
rehabilitation, improvement, repair, maintenance, assignment or other
transfer of any housing accommodation or commercial property, whether
or not secured by mortgage:
[Amended 12-11-2007 by Ord. No. 31-2007]
(a)
To discriminate against any person or group of persons because
of race, color, religion, ancestry, national origin, place of birth,
sex, age, marital status, familial status, sexual preference/orientation,
handicap or disability or use of a guide or support animal, or possession
of a GED certificate of such persons or group of persons or of 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
(b)
To use any form of application for such financial assistance
or make any record or inquiry in connection with application for such
financial assistance which indicates, directly or indirectly, any
limitation, specification or discrimination because of race, color,
religion, ancestry, national origin, place of birth, sex, age, marital
status, familial status, sexual preference/orientation, handicap or
disability or use of a guide or support animal, or possession of a
GED certificate, except that nothing in this section prevents the
maintaining of records as permitted or required by reasonable federal
and state law and this chapter;
(6)
For any real estate broker or real estate salesperson or agent
or any other person dealing in real estate transactions to induce
or attempt to induce a person, for commercial profit, to sell or rent
a dwelling by representation regarding the entry or prospective entry
into the neighborhood of a person or persons of a particular race,
color, religion, sex, familial status, national origin, handicap,
or sexual preference/orientation. To establish a discriminatory housing
practice under this subsection it is not necessary that there was
in fact a profit as long as profit was intended when engaging in the
blockbusting activity;
[Amended 12-11-2007 by Ord. No. 31-2007]
(7)
For any person, whether or not a real estate broker, real estate
salesperson or agent, owner, or lending institution, to aid, incite,
compel, coerce, or participate in the doing of any act declared to
be an unlawful housing or commercial property practice under this
section or to obstruct or prevent enforcement or compliance with the
provisions of this code or any rule, regulation or order of the Commission,
or attempt, directly or indirectly, to commit any act declared by
this section to be an unlawful housing or commercial property practice
or to coerce, intimidate, threaten, interfere with, or otherwise retaliate
against any person for exercising or enjoying the rights provided
by this code or any other applicable federal or state law or for his
or her having aided or encouraged any other person to exercise rights
under law or for having assisted the Commission in any way in the
enforcement of this code;
(8)
For any person to make, print, publish, or cause to be made,
printed or published any notice, statement or advertisement, or to
make any oral statements, with respect to the sale, rental or other
transfer or negotiation of a housing accommodation or commercial property
that states, implies or indicates any preference, limitation, restriction,
or discrimination based on race, color, religion, age, sex, handicap
or disability or the use of guide or support animals, marital status,
familial status, GED, sexual preference/orientation, or national origin,
or an intention to make any such preference, limitation, or discrimination;
or
(9)
For any person to deny, restrict or otherwise limit any other
person access to or membership in or participation in any multiple-listing
service, real estate brokers' organization or other service or
organization or facility relating to the business of selling, renting,
negotiating for the sale or rental or otherwise transferring or negotiating
for the transfer of any housing accommodation or commercial property,
or to discriminate against such other person in the terms or conditions
of such access, membership, or participation, on account of race,
color, religion, ancestry, national origin, place of birth, sex, age,
handicap or disability or the use of guide or support animals, marital
status, familial status, GED, or sexual preference/orientation.
B.
Nothing in this section shall limit the applicability of any reasonable
local, state, or federal restrictions regarding the maximum number
of persons permitted to occupy a dwelling.
[Amended 12-11-2007 by Ord. No. 31-2007]
C.
Nothing in this section regarding familial status shall apply with
respect to housing for older persons:
[Amended 12-11-2007 by Ord. No. 31-2007]
(1)
Provided under any local, state or federal program that the
Secretary of the United States Department of Housing and Urban Development,
or in the event such determination is not within the jurisdiction
of the Secretary, then by the appropriate local or state agency, has
determined is specifically designed and operated to assist elderly
persons (as defined in the local, state or federal program);
(2)
Intended for, and solely occupied by, persons 62 years of age
or older; or
(3)
Intended and operated for occupancy by at least one person 55
years of age or older per unit.
D.
In determining whether housing qualifies as housing for older persons
under this section, the following factors shall be considered:
(1)
The existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons or,
if the provision of such facilities and services is not practicable,
a finding that such housing is necessary to provide important housing
opportunities for older persons;
(2)
At least 80% of the units are occupied by at least one person
55 years of age and older per unit; and
(3)
The 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.
E.
Nothing in this section shall prohibit a religious organization,
association or society or any nonprofit institution, association or
society, or any nonprofit institution or organization operated, supervised
or controlled by or in conjunction with a religious organization,
association or society, from limiting the sale, rental or occupancy
of dwelling which it owns or operates for other than a commercial
purpose to persons of the same religion or from giving preference
to such persons, unless membership in such religion is restricted
on account of race, color or national origin, nor shall anything in
this section prohibit a private club not in fact open to the public,
which as an incident to its primary purpose or purposes provides lodgings,
which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodgings to its members or
from giving preference to its members.
[Amended 12-11-2007 by Ord. No. 31-2007]
F.
Nothing in this section shall bar 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 accommodation.
G.
Nothing in this section shall apply to any single-family house sold
or rented by a private individual owner; provided, however, that such
owner does not own more than three such single-family houses at any
one time; provided, further, that, in the case of the sale of any
such single-family house by an owner not residing in such house at
the time of such sale or who was not the most recent resident of such
house prior to such sale, the exception granted herein shall apply
only with respect to one such sale within any twenty-four-month period;
provided, further, that such owner does not own any interest in, nor
is there owned or reserved on his or her behalf under any express
or voluntary agreement, title to or any right to all or a portion
of the proceeds from the sale or rental of more than three such single-family
dwellings at any one time; provided, further, that the sale or rental
of any such single-family dwelling shall be exempted from the application
of this section only if such house is sold or rented:
[Amended 12-11-2007 by Ord. No. 31-2007]
(1)
Without the use in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent or
salesman, or of such facilities or services of any person in the business
of selling or renting dwellings, or of any employee or agent of such
broker, agent, salesperson, or other person; and
(2)
Without the publication, posting or mailing of any advertisement or written notice in violation of Subsection A(8) of this section, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect transfer of title.
H.
Discrimination in housing and commercial property practices with
respect to handicap or disability shall also include:
(1)
A refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing premises occupied or intended
to be occupied by the handicapped person if the modifications are
necessary to afford the handicapped person full use and enjoyment
of the premises. In the case of rental property, the landlord may,
where it is reasonable to do so, condition permission to modify on
the renter's agreement to restore the premises to the condition
that existed before the modification, reasonable wear and tear excepted.
(2)
A refusal to make reasonable accommodations in the rules, policies,
practices, or services when such accommodations may be necessary to
afford a handicapped person equal opportunity to use and enjoy the
housing accommodation or commercial property.
(3)
In connection with the design or construction of a multifamily
dwelling for first occupancy after the enactment of this code:
(a)
The failure to design and construct in such a manner that the
premises has at least one building entrance on an accessible route,
unless it is impracticable to do so because of the terrain or unusual
characteristics of the site.
(b)
The failure to have public and common use portions which are
accessible to and usable by the handicapped person.
(c)
The failure to have doors which allow passage into and within
the premises that are sufficiently wide to allow passage by handicapped
persons in wheelchairs.
(d)
The failure to have accessible routes in and through the premises
and light switches, electrical outlets, thermostats, and other environmental
controls that are in accessible locations and have reinforcements
in the bathroom walls to allow the later installation of grab bars
and have usable kitchen and bathrooms such that an individual in a
wheelchair can maneuver about the space. Compliance with the American
National Standard for Buildings and Facilities (ANSI A117.1-1986)
will satisfy this requirement.
(e)
Nothing in this section will be considered to take precedence
over the law as set forth in City ordinances governing building and
development.
I.
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 residence.
It shall be an unlawful public accommodation practice:
A.
For the owner, lessee, proprietor, manager, superintendent, agent,
or employee for or of any place of public accommodation to:
(1)
Refuse, withhold from or deny to any person because of race,
color, religion, ancestry, national origin, place of birth, sex, handicap
or disability or the use of guide or support animals, sexual preference/orientation,
age, familial status, GED, or marital status, either directly or indirectly,
any of the accommodations, advantages, facilities, services, or privileges,
products or goods of such public accommodation; or
(2)
Publish, circulate, issue, display, post, or mail, either directly
or indirectly, any written or printed communication, notice or advertisement
to the effect that any of the accommodations, advantages, facilities,
goods, products, services, or privileges of any such place shall be
refused, withheld or denied to any person on account of race, color,
religion, ancestry, national origin, place of birth, sex, handicap
or disability or the use of guide or support animals, sexual preference/orientation,
age, GED, familial status, or marital status or that the patronage
of any person of any particular race is unwelcome or objectionable
or not accepted, desired or solicited;
A.
It shall be an unlawful educational practice for any educational
institution, except a religious or denominational educational institution,
to:
(1)
Exclude or limit or otherwise discriminate because of race,
religion, color, ancestry, national origin, place of birth, sex, age,
handicap or disability or the use of guide or support animals, marital
status, familial status, GED, or sexual preference/orientation against
any persons seeking admission as students to such institutions; provided,
however, it shall not be an unlawful educational practice for any
educational institution to use criteria other than race, religion,
color, ancestry, national origin, place of birth, sex, age, handicap
or disability or the use of guide or support animals, marital status,
GED, or sexual preference/orientation in the admission of students;
(2)
Make any written or oral inquiry prior to admission concerning
or designed to elicit information as to the race, religion, color,
ancestry, national origin, place of birth, sex, age, handicap or disability
or the use of guide or support animals, marital status, familial status,
GED, or sexual preference/orientation of a student seeking admission
to such institution, provided that nothing in this section shall prevent
the maintenance of records as required by reasonable state and federal
laws;
(3)
Expel, suspend, punish, deny facilities to, or otherwise discriminate
against any student because of race, religion, color, ancestry, national
origin, place of birth, sex, age, handicap or disability or the use
of guide or support animals, marital status, familial status, GED,
or sexual preference/orientation;
(4)
Penalize, discriminate against or otherwise retaliate against
any individual because he or she initiated, testified, participated
or assisted in any proceedings under this code; or
(5)
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 reasonable times for the inspection of the
Commission upon request.
B.
It shall be an unlawful educational practice for any religious or
denominational educational institution which receives any state or
federal funds to:
(1)
Exclude or limit or otherwise discriminate because of race,
color, ancestry, national origin, place of birth, sex, age, handicap
or disability or the use of guide or support animals, marital status,
familial status, GED, or sexual preference/orientation against any
persons seeking admission as students to such institutions; provided,
however, that it shall not be an unlawful educational practice for
any religious educational institution to use criteria other than race,
religion, color, ancestry, national origin, place of birth, sex, age,
handicap or disability or the use of guide or support animals, marital
status, GED, or sexual preference/orientation in the admission of
students;
(2)
Make any written or oral inquiry prior to admission concerning
or designed to elicit information as to the race, color, ancestry,
national origin, place of birth, sex, age, handicap or disability
or the use of guide or support animals, marital status, familial status,
GED, or sexual preference/orientation of a student seeking admission
to such institution;
(3)
Expel, suspend, punish, deny facilities to, or otherwise discriminate
against any student because of race, color, ancestry, national origin,
place of birth, sex, age, handicap or disability or the use of guide
or support animals, marital status, familial status, GED, or sexual
preference/orientation; or
(4)
Penalize, discriminate or otherwise retaliate against any individual
because he or she initiated, testified, participated or assisted in
any proceedings under this code.
C.
It shall be an unlawful educational practice for any person to aid,
abet, incite, compel, or coerce the doing of any act that is declared
by this section to be an unlawful educational practice, or to obstruct
or prevent any person from complying with the provisions of this code
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 do not violate
the Constitution or laws of the United States of America or the Commonwealth
of Pennsylvania.
[Amended 12-11-2007 by Ord. No. 31-2007]
It shall be an unlawful lending practice for a lending institution
to:
A.
Deny, withhold, limit or otherwise discriminate against any person
or group of persons because of race, color, religion, ancestry, national
origin, place of birth, sex, age, marital status, familial status,
sexual preference/orientation, handicap or disability or use of a
guide or support animal, or possession of a GED certificate in lending
money or extending credit;
B.
Establish unequal terms or conditions in the contract for loans and
mortgages or insurance, or other extensions of credit, because of
race, color, religion, ancestry, national origin, place of birth,
sex, age, marital status, familial status, sexual preference/orientation,
handicap or disability or use of a guide or support animal, or possession
of a GED certificate; or
C.
Deny, withhold, limit or otherwise not make available a loan or other
financing, whether or not secured by mortgage, for the acquisition,
construction, improving, repairing or maintaining of any housing accommodation
or commercial property, because of race, color, religion, ancestry,
national origin, place of birth, sex, age, handicap or disability
or the use of guide or support animals, marital status, familial status,
GED, or sexual preference/orientation.
[Amended 7-19-2000 by Ord. No. 19-2000]
A.
All contracts entered into by the City and its purchasing and contracting
agencies shall obligate the contractor to comply with this code relating
to fair employment practices and any state or federal law or laws
or regulations relating to unlawful employment practices in connection
with any work to be performed thereunder and shall require the contractor
to include a similar provision in all subcontracts. Nothing herein
shall be deemed to prevent lawful/remedial affirmative actions or
contracting set-asides mandated by local, federal or state law.
B.
Within 90 days of the effective date of this section, the Harrisburg Human Relations Commission shall promulgate rules and regulations for all City contracts over $100,000. To the extent that this section conflicts with § 2-901.3, the provisions of this section shall govern.
C.
Prior to implementation, all rules and regulations written and/or
put forth by the Human Relations Commission with respect to this specific
legislation shall be reviewed and approved by vote of the Harrisburg
City Council.
It shall be unlawful for any person, whether or not within the
named classifications set forth in this code, to aid, incite, compel,
coerce, or participate in the doing of any act declared to be an unlawful
practice under this code or to obstruct or prevent enforcement of
compliance with the provisions of this code or any rule, regulation
or order of the Commission, or to attempt, directly or indirectly,
the commission of any act declared by this code to be an unlawful
practice, or for any person to aid, incite, compel, coerce, require,
or in any way participate in any acts of intimidation, threats, or
interference, or to direct other retaliation against any person because
such person has sought to or is seeking to comply or attempting to
comply with this code, or because such person has sought or is seeking
to enforce the rights granted under this code, or because any person
aided, attempted to aid, or is currently aiding or attempting to aid
another in seeking enforcement of the rights granted under this code.
