[Ord. No. 1644, § I, 4-9-2018]
(a)
Short title. This ordinance shall be known as the "Plymouth Township
Human Relations Ordinance."
(b)
Purpose and declaration of policy.
(1)
Plymouth Township finds that it is of high public importance
to adopt appropriate legislation to insure that all persons, regardless
of actual or perceived race, color, religious creed, ancestry, sex,
national origin, handicap, use of guide or support animals because
of blindness, deafness or physical handicap of the user or the user
is a handler or trainer of support or guide animals, or sexual orientation,
gender identity or gender expression, enjoy the full benefits of citizenship
and are afforded equal opportunities for employment, housing and public
accommodation.
(2)
The Council of Plymouth Township hereby declares it to be the
public policy of the Township to foster equality and equal opportunity
for all citizens, regardless of actual or perceived race, color, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals because of blindness, deafness or physical handicap
of the user or because the user is a handler or trainer of support
or guide animals, or because of an individual's sexual orientation,
gender identity or gender expression in all matters affecting employment,
housing and commercial property and public accommodation, and to safeguard
the right of all persons to remain free of discrimination or discriminatory
practices in any of the foregoing aspects of their lives.
(3)
Nothing in this ordinance shall be construed as supporting,
endorsing or advocating any particular doctrine, point of view, or
religious belief. On the contrary, it is the express purpose and intent
of this ordinance that all persons be treated fairly and equally,
and that all persons in Plymouth Township shall be guaranteed fair
and equal treatment under law.
(4)
This ordinance shall be deemed an exercise of the police power
of Plymouth Township, as provided under the Pennsylvania Home Rule
Charter and Optional Plans Law,[1] and as set forth in the Plymouth Township Home Rule Charter,
for the protection of the public welfare, prosperity, health and peace
of the community of Plymouth Township.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2901 et seq.
(c)
Definitions.
(1)
COMMERCIAL PROPERTY OR HOUSING
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYEE
EMPLOYER
EMPLOYMENT
GENDER IDENTITY OR EXPRESSION
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
TOWNSHIP
TOWNSHIP COUNCIL
The following words and phrases, when appearing in this ordinance,
shall have the meanings given to them under this section.
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he is qualified.
Any discriminatory act(s) taken by any person, employer,
entity, employment agency, or labor organization, with respect to
or involving a transaction related to employment, public accommodations,
on the basis of a person's actual or perceived race, color, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals because of blindness, deafness or physical handicap
of the user or because the user is a handler or trainer of support
or guide animals, or because of an individual's sexual orientation,
gender identity or gender expression.
All acts or actions defined in the Pennsylvania Human Relations
Act[2] as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations actual or perceived race,[3] color, religious creed, ancestry, sex, national origin,
handicap or use of guide or support animals because of blindness,
deafness or physical handicap of the user or because the user is a
handler or trainer of support or guide animals, or because of an individual's
sexual orientation, gender identity or gender expression.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Any person who employs four (4) or more employees, including
the Township, its departments, boards and commissions, and any other
government agency within the jurisdiction of the Township, save those
of any government agency whose laws may be deemed preemptive of this
ordinance.
The opportunity for an individual to obtain employment for
which he is qualified.
Self-perception, or perception by others, as male or female,
including an individual's appearance, behavior, or physical characteristics,
that may be in accord with, or opposed to, one's physical anatomy,
chromosomal sex, or assigned sex at birth, and shall include, but
is not limited to, persons who are undergoing or who have completed
sex reassignment, are transgender or gender variant.
This ordinance, which shall be referred to as the "Plymouth
Township Human Relations Ordinance."
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Township, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
The opportunity for an individual to access food, beverages
or lodging, resort or amusement which is open to, accepts or solicits
the patronage of the general public, but shall not include any accommodations
which are in their nature distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
Plymouth Township, Montgomery County, Pennsylvania.
The Council of Plymouth Township, Montgomery County.
(d)
Unlawful practices.
(1)
Discrimination in employment, housing and commercial property
or any public accommodation is prohibited under this ordinance.
(2)
Retaliation against any individual because such person has opposed
any practice forbidden by this ordinance, or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this ordinance is prohibited under this ordinance.
(3)
Aiding, abetting, inciting, compelling or coercing the doing
of any act declared by this ordinance to be an unlawful practice,
or obstructing or preventing any person from complying with the provisions
of this ordinance is prohibited under this ordinance.
(e)
Exceptions.
(1)
Notwithstanding any other provision of this ordinance, it shall
not be an unlawful practice for a religious corporation or association
to commit any of the acts as defined in Sec. 2-206.
(f)
Establishment of Human Relations Commission.
(1)
Pursuant to the authority set forth under § 962.1
of the Pennsylvania Human Relations Act, 43 P.S. § 962.1,
there is hereby established a Human Relations Commission for Plymouth
Township, which shall be known as the "Plymouth Township Human Relations
Commission."
(2)
The Plymouth Township Human Relations Commission shall consist
of four (4) members, who shall be appointed to terms of three (3)
years by Plymouth Council. The terms of the members of the Commission
shall be staggered, such that the terms of one third (1/3) of the
members of the Commission shall expire each year. All members of the
Commission shall be residents or business owners of Plymouth Township
and shall serve without compensation.
(3)
The Chairperson of the Commission will designate one member
as needed to receive the complaint and conduct an intake meeting with
the complainants. The member charged with this duty shall not participate
in any mediations involving parties to the complaint for which they
handled the intake, nor shall this member vote on complaints brought
in front of the Commission.
(4)
The Human Relations Commission shall, annually, designate one
member to serve as Chairperson of the Commission. The Chairman of
Council shall be responsible for coordinating the activities, meetings,
and operations of the Commission, as set forth under this ordinance.
The Chairperson shall also report, from time to time, to the Chairman
of Council regarding the activities of the Commission.
(5)
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary to acquaint themselves with the functioning of
the Plymouth Township Human Relations Commission under this ordinance,
as well as the terms, conditions and provisions of the Pennsylvania
Human Relations Act,[5] and the operation of the Pennsylvania Human Relations
Commission. Such training and education shall be as directed by the
Chairperson, and shall be performed in conjunction with the state
Human Relations Commission.
[5]
Editor's Note: See 43 P.S. § 951 et seq.
(6)
The Plymouth Township Human Relations Commission shall have
all of those powers necessary to execute the duties set forth under
this ordinance, provided that such powers shall not exceed those exercised
by the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.[6]
[6]
Editor's Note: See 43 P.S. § 951 et seq.
(7)
The Plymouth Township Human Relations Commission shall operate
within the scope of funds which may be allocated, on an annual basis,
by Council and shall not exceed the annual allocation in any year,
except upon prior approval by Council. In adopting this ordinance,
Council hereby expresses its intention that the operation of the Plymouth
Township Human Relations Commission under this ordinance shall be
supported by volunteers, unpaid staff, and volunteer efforts and shall
be as close to "zero-cost" to the Township as reasonably feasible.
(g)
Complaints and procedures for filing complaints.
(1)
Complaints.
a.
Any person claiming to be aggrieved by a practice which is made
unlawful under this ordinance may make, sign and file a verified complaint,
as provided under Subsection (g)(1)b of this section, alleging violations
of this ordinance. Such complaint shall, at a minimum, contain the
following information:
1.
The name, telephone number, mailing address and e-mail (if applicable)
of the aggrieved person(s);
2.
The name, telephone number, mailing address and e-mail (if applicable)
of the person(s) alleged to have committed the prohibited practice;
3.
A concise statement of the facts, including pertinent dates,
time, locations, people, and acts involved constituting the alleged
discriminatory practice;
4.
Such other information as may be required by the Commission.
b.
Complaints may be filed in person at the office of the Township
Manager, or by mailing such complaints to the Township offices, to
the attention of the Township Manager or the member of the Commission
designated to handle intake. All such complaints must be received
by the Township within one hundred eighty (180) days of the occurrence
of the last act giving rise to the complaint or such complaint shall
be dismissed as untimely.
c.
The Township Manager shall transmit all complaints received
to the Chairperson of the Commission not later than ten (10) days
of receipt of the complaint.[7] The Township Manager shall conspicuously mark the face
of the complaint with the date the document was first received in
the Township offices.
[7]
Editor's Note: So in original.
d.
The Commission may promulgate forms for use by persons wishing
to file a complaint; however, complaints which are prepared without
the use of an approved form shall be deemed acceptable under this
ordinance so long as the facts set forth under Subsection (g)(1)a
of this section can be clearly determined from the document submitted
as a complaint.
e.
The Commission may provide for a process by which persons seeking
to file a complaint may consult with a volunteer or other staff person
affiliated with the Commission who is trained to assist the prospective
complainant in discerning the facts relevant to the prospective complaint.
Such process shall also include referral of additional information
to the prospective complainant concerning the content of this ordinance,
the content of the Pennsylvania Human Relations Act,[8] and the availability of the Pennsylvania Human Relations
Commission as an additional venue within which the prospective complainant
may seek redress when possible.
[8]
Editor's Note: See 43 P.S. § 951 et seq.
(2)
Notifications and answer.
a.
Within thirty (30) days of receipt of a complaint, the Commission
shall:
1.
Send a copy of the complaint to the person(s) charged with a
discriminatory act or practice under this ordinance (the "respondent"),
together with a copy of this ordinance.
2.
Send a notice to the complainant, informing them that the complaint
has been accepted and processed by the Commission. If the complaint
alleges discrimination on a basis proscribed under federal or state
law, the notice shall also inform the complainant of his or her right
to file a complaint with the Pennsylvania Human Relations Commission
or the federal Equal Employment Opportunity Commission as well as
the U.S. Department of Housing and Urban Development, where applicable.
4.
The Commission shall also include a notice to both the complainant
and the respondent(s) of their option to elect to proceed to voluntary
mediation in order to resolve the matters giving rise to the complaint.
b.
The respondent(s) shall file a written verified answer to the
complaint within thirty (30) days of service of the complaint. An
answer shall be filed in the same manner as a complaint.
(3)
Mediation.
a.
Within thirty (30) days of receipt of an answer to a complaint,
or, where no answer is filed, within sixty (60) days of service of
the complaint upon the respondent(s), the Commission shall proceed
in accordance with the following options:
1.
In the event that both parties have consented to mediation,
under Subsection (g)(2)a.4 of this section, then the Commission shall
refer the matter to a recognized alternative dispute resolution service,
which same service may be provided through Montgomery County, the
Montgomery County Bar Association, or any other professional mediation
service provider, or may refer the matter to a licensed member of
the Pennsylvania Bar, who may be willing to perform service to the
Commission as a volunteer mediator. Any costs or expenses which may
be associated with the mediation shall be the responsibility of the
parties. The parties shall jointly select the mediator; however, the
Commission shall retain the authority to act as the mediator in the
event the parties have agreed to mediation but cannot jointly agree
on a mediator. Mediation sessions conducted by the Commission may
proceed with a minimum of two eligible Commission members. Mediation
sessions shall remain private and not otherwise subject to public
attendance.
b.
When mediation has resulted in an amicable resolution of the
complaint and the complaint is resolved, the Commission shall notify
the parties that the complaint has been dismissed, and shall record
the result of the mediation in the notice of dismissal.
(h)
Nonlimitation of remedies. Nothing contained in this ordinance shall
be deemed to limit the right of an aggrieved person to recover under
any other applicable law or legal theory.
(i)
Multiple filings. This ordinance shall have no jurisdiction over
matters which are the subject of pending or prior filings made by
an aggrieved person before any state or federal court or agency of
competent jurisdiction.
(j)
Penalties. Any person who shall violate any provision of Sec. 2-206 may be subject by the Montgomery County Court of Common Pleas or any court of competent jurisdiction to the penalties enumerated in Section 9(f)(1) and (2), Sections 9.2, 9.3, and Sections 10 and 11 of the Pennsylvania Human Relations Act.[11] The penalties contained in this ordinance shall mirror
any future changes to the Pennsylvania Human Relations Act as adopted
by the General Assembly and approved by the Governor.
(1)
This ordinance does not expand the remedies or penalties beyond
those provided in the Pennsylvania Human Relations Act. To the extent
any person elects to pursue legal action pursuant to the Pennsylvania
Human Relations Act, such action must be brought in the Court of Common
Pleas of Montgomery County. Any person who elects to pursue a claim
in accordance with this ordinance will be limited to the rights and
remedies outlined herein.
[11]
Editor's Note: SEe, respectively, 43 P.S. § 959(f)(1)
and (2); 43 P.S. § 959.2; 43 P.S. § 959.3; 43
P.S. § 960; and 43 P.S. § 961.
