[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Moreland 11-8-2022 by Ord. No. 763.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
66, but was renumbered to maintain the organization of the Code.
This chapter shall be known as the "Lower Moreland Township
Nondiscrimination Ordinance."
A.
Lower Moreland Township finds that it is necessary to adopt legislation
to ensure that all persons within Lower Moreland Township enjoy the
full benefits of citizenship without discrimination and are afforded
equal opportunities for employment, housing, the use of commercial
property, and public accommodation.
B.
The Board of Commissioners hereby declares the public policy of Lower
Moreland Township to be to foster equality and equal opportunity for
all individuals, regardless of actual or perceived race, color, age,
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, sexual orientation, gender identity, gender
expression, or identification as a member of the LGBTQ+ community
in all matters affecting employment, housing or 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.
C.
Nothing in this chapter shall be construed as supporting, endorsing,
or advocating any particular doctrine, point of view, or religious
belief.
Unless specifically stated otherwise, words and phrases shall
be construed in a manner consistent with the Pennsylvania Human Relations
Act.[1] The following words and phrases, when appearing in this
chapter, shall have the meanings given to them under this chapter:
The Lower Moreland Board of Commissioners.
The opportunity for an individual to obtain any commercial
property or housing accommodation to which the individual is qualified.
Any discriminatory act(s) taken by any person, entity, employer,
business, employment agency, or labor organization with respect to
or involving a transaction related to employment, public accommodations,
publicly offered commercial property or housing accommodations, on
the basis of a person's actual or perceived race, color, age,
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, gender expression, or identification
as a member of the LGBTQ+ community.
All acts or actions defined in the Pennsylvania Human Relations
Act as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations, actual or perceived race, color, age, 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, though not set forth in the Pennsylvania Human Relations
Act, because of an individual's sexual orientation, gender identity,
gender expression, or identification as a member of the LGBTQ+ community.
The term does not include any individuals who, as a part
of their employment, reside in the personal residence of the employer.
The term includes the Township, its departments, boards and
commissions, any other governmental agency or school district thereof,
and any person employing four or more persons within the Township,
but except as hereinafter provided, does not include religious, fraternal,
charitable or sectarian corporations or associations, except such
corporations or associations supported, in whole or in part, by governmental
appropriations.
The opportunity for an individual to obtain employment for
which the individual is qualified.
Self-perception, or perception by others, as male, female,
or nonbinary, 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 are gender variant.
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organizations, 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, bisexuality,
asexuality, pansexuality and polysexuality.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Discrimination in employment, housing and commercial property, or
any public accommodation is prohibited.
B.
Retaliation against any individual because such individual 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.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this chapter to be an unlawful practice or obstructing
or preventing any person from complying with the provisions of this
chapter is prohibited under this chapter.
Nothing in this chapter shall bar any religious or denominational
institution or organization, or any charitable or educational organization
which is operated, supervised or controlled or in connection with
any religious organization, or any bona fide private or fraternal
organization from giving preference to persons of the same religion
or denomination, or to such members of such private or fraternal organization
from making such selection as is calculated by such organization to
promote the religious principles or the aims, purposes or fraternal
principles for which it is established or maintained. This chapter
shall also not apply to rental rooms in a landlord-occupied rooming
housing with a common entrance, nor with respect to discrimination
based on sex, the advertising, the rental or leasing of housing accommodations
in a single-sex dormitory or rooms in one's personal residence
in which the common living areas are shared.
Pursuant to the authority set forth under the Pennsylvania Human
Relations Act, 43 P.S. § 962.1, there is hereby established
a Human Relations Mediator for Lower Moreland Township.
A.
The Office of the Human Relations Mediator shall consist of one member,
known as the Human Relations Mediator (HR Mediator), who shall be
appointed to a term of one year by the Board.
B.
The HR Mediator shall be a resident or business owner within the
Township and shall have qualifications consistent with duties of the
Mediator, such as a work history in the field of human relations,
employment, law, law enforcement, investigation, or other similar
work. The HR Mediator shall serve without compensation. In the event
a qualified Township resident or business owner is unavailable, the
Board may appoint any qualified person to the position.
C.
The HR Mediator shall report, from time to time, to the Township
Manager regarding the activities of the Human Relations Mediator office
and shall prepare annual reports for the Board to review at a public
meeting.
D.
The HR Mediator shall receive complaints and conduct an intake meeting
with complainants.
E.
The HR Mediator shall, as soon after appointment as practical, attend
training and participate in seminars offered by the Pennsylvania Human
Relations Commission that the Mediator deems to become acquainted
with the functioning of the Office of the Mediator.
F.
The HR Mediator 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
Commissions pursuant to the Pennsylvania Human Relations Act.
G.
The HR Mediator shall operate within the scope of funds which are
allocated to the Office of the Mediator by the Board and shall not
exceed said allocation unless upon prior approval by the Board. It
is the intention of the Board to support the Office of the Mediator
by volunteer efforts.
H.
The Board of Commissioners reserves the right to appoint a replacement
mediator for any case within which the appointed HR Mediator has a
conflict of interest or impermissible bias as determined by the Board.
A.
Form and content of 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 alleging violations of this chapter.
Such complaint shall contain at least the following information:
(1)
The name, telephone number, mailing address and email of the aggrieved
individual to the extent that this information is available;
(2)
The name, telephone number, mailing address, and email of the person(s)
alleged to have committed a prohibited practice;
(3)
A concise statement of the facts, including dates, time, location,
people, and acts involved constituting the alleged discriminatory
practice; and
(4)
Such information as may be required by the mediator.
B.
Procedure for filing a complaint.
(1)
Complaints may be filed in person at the Township Building at 640
Red Lion Road, Huntingdon Valley, PA 19006 or by mailing such complaints
to the Township Building to the attention of the mediator. Complaints
must be filed and received by the Township within 180 days of the
occurrence of the act giving rise to the complaint.
(2)
Complaints shall be time-stamped and delivered to the mediator within
10 days of receipt.
(3)
The mediator may promulgate a form complaint, but complaints which
are prepared without use of the form complaint will still be accepted
so long as there is compliance with § 66-7A.
C.
Notifications and answer. Within 30 days of receipt of a complaint,
the mediator 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 the complainant that
the complaint has been accepted and processed by the mediator. If
the complaint alleges discrimination on a basis proscribed under federal
or state law, the notice shall also inform the complainant of the
right to file a complaint with the Pennsylvania Human Relations Commission
or the Equal Employment Opportunity Commission, as well as the U.S.
Department of Housing and Urban Development, where applicable.
(4)
The mediator shall also include a notice to both the complainant
and the respondent(s) of the 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. 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 mediator
shall proceed in accordance with the following:
(1)
Mediation. In the event that both parties have consented to mediation,
the mediator 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 Township 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 mediator 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 mediator
shall remain private and shall not otherwise be subject to public
attendance.
(2)
Dismissal of the complaint following mediation.
(a)
When mediation has resulted in an amicable resolution of the
complaint and complaint is resolved, the mediator shall notify the
parties that the complaint has been dismissed and shall record the
result of the mediation in the notice of dismissal.
(b)
In the event that the complaint has not been resolved through
mediation, or where the parties do not consent to mediation, the notice
of dismissal shall include a statement that the person aggrieved has
a right to pursue the matter in the Court of Common Pleas, the Pennsylvania
Human Relations Commission, the Equal Employment Opportunity Commission,
or in any such other forum as may be provided under law.
(c)
The right of action created under this chapter may be brought:
1) upon receipt by the aggrieved person of notice that the mediator
has dismissed the complaint; or 2) if no such notice is received,
after one year from the date of filing of the complaint. If the person
aggrieved has received a notice that the mediator has dismissed the
complaint, an action under this chapter must be brought by the aggrieved
person within one year from the date of receipt of such notice, or
the action shall be barred as untimely.
Nothing contained in this chapter shall be construed to limit
the right of an aggrieved person to recover under another 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 this chapter may be
subject to the penalties enumerated in §§ 9(f)(1) and
(2) 9.2, 9.3 and 10 and 11 of the Pennsylvania Human Relations Act
and any subsequent amendments.
B.
This chapter extends the protections of the Pennsylvania Human Relations
Act to include discrimination against actual or perceived sexual orientation,
gender identity, gender expression, or identification as a member
of the LGTBQ+ community.
