[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 9-15-2020 by Ord. No. 383. Amendments noted where applicable.]
This chapter shall be known as the "Whitpain Township Human Relations Ordinance."
A. 
Whitpain Township finds that it is of high public importance to adopt appropriate legislation to ensure that all persons, regardless of actual or perceived race, color, religious creed, ancestry, sex, national origin, age, familial status, marital status, genetic information, source of income, status as a returning citizen, veteran status, non-job-related disability, use of guide or support animals because of blindness, deafness or mental or physical disability 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.
[Amended 12-21-2021 by Ord. No. 391]
B. 
The Board of Supervisors of Whitpain 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, age, familial status, marital status, genetic information, source of income, status as a returning citizen, veteran status, non-job-related disability or use of guide or support animals because of blindness, deafness or mental or physical disability 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 effecting 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.
[Amended 12-21-2021 by Ord. No. 391]
C. 
Nothing in this chapter 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 chapter that all persons be treated fairly and equally and that all persons in Whitpain Township shall be guaranteed fair and equal treatment under law.
D. 
This chapter shall be deemed an exercise of the police power of the Township of Whitpain, as provided under the Pennsylvania Second Class Township Code, for the protection of the public welfare, prosperity, health and peace of the community of Whitpain Township.
A. 
The following words and phrases, when appearing in this chapter, shall have the meanings given to them under this section:
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Whitpain, Montgomery County.
COMMERCIAL PROPERTY OR HOUSING
[Amended 12-21-2021 by Ord. No. 391]
(1) 
Any building, structure or facility, or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied for the purpose of operating a business, an office, a manufactory or any public accommodation;
(2) 
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 of one or more individuals, groups or families whether or not living independently of each other; and
(3) 
Any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, mobile home site, facility, business concern or public accommodation.
DISCRIMINATION
Any unlawful 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, employment, publicly offered commercial property or housing accommodations on the basis of a person's actual or perceived race, color, religious creed, ancestry, sex, national origin, familial status, marital status, genetic information, source of income, status as a returning citizen, veteran status, non-job-related disability or use of guide or support animals because of blindness, deafness or mental or physical disability 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.
[Amended 12-21-2021 by Ord. No. 391]
DISCRIMINATORY ACTS
All acts or actions defined in the Pennsylvania Human Relations Act[1] as unlawful discriminatory practices as related to employment, public accommodations, publicly offered commercial property or housing accommodations on the basis of a person's actual or perceived race, color, religious creed, ancestry, sex, national origin, familial status, marital status, genetic information, source of income, status as a returning citizen, veteran status, non-job-related disability or use of guide or support animals because of blindness, deafness or mental or physical disability 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.
[Amended 12-21-2021 by Ord. No. 391]
EMPLOYEE
Does not include any individuals who, as a part of their employment, reside in the personal residence of the employer.
EMPLOYER
Any person who employs four 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 chapter.[2]
GENDER IDENTITY OR EXPRESSION
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.
ORDINANCE
This chapter, which shall be referred to as the "Whitpain Township Human Relations Ordinance."
PERSON
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.
PUBLIC ACCOMMODATION
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.
SEXUAL ORIENTATION
Actual or perceived homosexuality, heterosexuality and/or bisexuality.
TOWNSHIP
The Township of Whitpain, Montgomery County, Pennsylvania.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
[2]
Editor's Note: The former definition of "employment," which immediately followed this definition, was repealed 12-21-2021 by Ord. No. 391.
B. 
Any terms of this chapter not expressly defined herein shall be construed in a manner consistent with the Pennsylvania Human Relations Act.[3]
[3]
Editor's Note: See 43 P.S. § 951 et seq.
[Amended 12-21-2021 by Ord. No. 391]
A. 
Unlawful discrimination in employment, housing and commercial property or any public accommodation is prohibited under this chapter.
B. 
For any person to retaliate against any individual because such person has opposed any practice forbidden by this chapter, or because such person has made a charge, testified, or assisted in any manner in any investigation or proceeding under this chapter is prohibited under this chapter.
C. 
For any person to aid, abet, incite, compel or coerce the doing of any act declared by this chapter to be an unlawful practice, or obstruct or prevent any person from complying with the provisions of this chapter is prohibited under this chapter.
Notwithstanding any other provision of this chapter, it shall not be an unlawful practice for a religious corporation or association to commit any of the acts as defined in § 36-4 of this chapter.
A. 
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 the Township of Whitpain, which shall be known as the "Whitpain Township Human Relations Commission."
B. 
The Whitpain Township Human Relations Commission shall consist of four members, who shall be appointed to terms of three years by the Board of Supervisors. The terms of the members of the Commission shall be staggered, such that the terms of 1/3 of the members of the Commission shall expire each year. All members of the Commission shall be residents or business owners of the Township of Whitpain and shall serve without compensation
[Amended 1-19-2021 by Ord. No. 388; 12-21-2021 by Ord. No. 391]
C. 
The Chairperson of the Commission will designate one member as needed to receive a complaint and conduct an intake meeting with the prospective complainant. 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.
[Amended 12-21-2021 by Ord. No. 391]
D. 
The Human Relations Commission shall, annually, designate one member to serve as Chairperson of the Commission. The Chairperson shall be responsible for coordinating the activities, meetings, and operations of the Commission, as set forth under this chapter. The Chairperson shall also report, from time to time, to the Chair of the Board of Supervisors regarding the activities of the Commission.
E. 
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 Whitpain Township Human Relations Commission under this chapter, as well as the terms, conditions and provisions of the Pennsylvania Human Relations Act, 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.
F. 
The Whitpain Township Human Relations Commission shall have all of those powers necessary to execute the duties set forth under this chapter, provided that such powers shall not exceed those exercised by the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.
G. 
The Whitpain Township Human Relations Commission shall operate within the scope of funds which may be allocated, on an annual basis, by the Board of Supervisors and shall not exceed the annual allocation in any year, except upon prior approval by the Board of Supervisors. In adopting this chapter, the Board of Supervisors hereby expresses its intention that the operation of the Whitpain Township Human Relations Commission under this chapter shall be supported by volunteers, unpaid staff, and volunteer efforts and shall be as close to "zero-cost" to the Township as reasonably feasible.
A. 
Complaints. Any person claiming to be aggrieved by a practice which is made unlawful under this chapter may make, sign and file a verified complaint, as provided under Subsection B of this section, alleging violations of this chapter. Such complaint shall, at a minimum, contain the following information:
(1) 
The name, telephone number, mailing address and email (if applicable) of the aggrieved person(s);
(2) 
The name, telephone number, mailing address and email (if applicable) of the person(s) alleged to have committed the prohibited practice;
(3) 
A statement of the facts that sets forth the particulars, including pertinent dates, time, locations, people, and acts involved constituting the alleged discriminatory practice;
[Amended 12-21-2021 by Ord. No. 391]
(4) 
Such other information as may be required by the Commission.
B. 
Procedure.
(1) 
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 180 days of the occurrence of the last act giving rise to the complaint or such complaint shall be dismissed as untimely. Equitable tolling may apply when determining the timeliness of the complaint. If the complaint alleges discrimination on a basis proscribed under federal or state law, the Township 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 United States Department of Housing and Urban Development, where applicable.
[Amended 12-21-2021 by Ord. No. 391]
(2) 
The Township Manager shall transmit all complaints received to the Chairperson of the Commission not later than 10 days of receipt of the complaint. The Township Manager shall conspicuously mark the face of the complaint with the date the document was first received in the Township offices.
(3) 
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 chapter so long as the facts/each of the factors set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.
[Amended 12-21-2021 by Ord. No. 391]
(4) 
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 chapter, the content of the Pennsylvania Human Relations Act, and the availability of the Pennsylvania Human Relations Commission as an additional venue within which the prospective complainant may seek redress when possible.
C. 
Notifications and answer. Within 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 chapter (the "respondent"), together with a copy of this chapter.
(2) 
Send a notice to the complainant, informing them that the complaint has been accepted and processed by the Commission.
[Amended 12-21-2021 by Ord. No. 391]
(3) 
The Commission shall notify the Pennsylvania Human Relations Commission of the filing of any complaint that may be deemed to be within the jurisdiction of that Commission, as required under the Human Relations Act.
(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.
(5) 
The respondent(s) shall file a written verified answer to the complaint within 30 days of service of the complaint. An answer shall be filed in the same manner as a complaint.
D. 
Procedure following notification and answer.
(1) 
Within 30 days of receipt of an answer to a complaint or, where no answer is filed, within 60 days of service of the complaint upon the respondent(s), the Commission shall proceed in accordance with the following options:
(a) 
In the event that both parties have consented to mediation, 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.
(2) 
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.[1]
[1]
Editor's Note: Former Subsection D(3), allowing parties to proceed to the Court of Common Pleas in Montgomery County when the complaint has not been resolved through mediation, which immediately followed this subsection, was repealed 12-21-2021 by Ord. No. 391.
Nothing contained in this chapter shall be deemed to limit the right of an aggrieved person to recover under any other applicable law or legal theory.
This chapter shall not apply to 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.
A. 
Any person who shall violate any provision of § 36-4 of this chapter 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)-(2), Sections 9.2 and 9.3, and Section 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this chapter shall mirror any future changes to the Pennsylvania Human Relations Act as adopted by the General Assembly and approved by the Governor.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
B. 
This chapter extends the protections of the Pennsylvania Human Relations Act to include actual or perceived sexual orientation, gender identity or gender expression.
C. 
All penalties included in the Pennsylvania Human Relations Act shall be extended to include all protected classes enumerated in this chapter.
The terms, conditions and provisions of this chapter are hereby declared to be severable; and, should any portion, part or provision of this chapter be found by a court of competent jurisdiction to be invalid, unenforceable or unconstitutional, the Board of Supervisors hereby declares its intent that the chapter shall have been enacted without regard to the invalid, unenforceable, or unconstitutional portion, part or provision of this chapter.
Any and all other ordinances or parts of ordinances in conflict with the terms, conditions and provisions of this chapter are hereby repealed to the extent of such irreconcilable conflict.