This chapter shall be known as the "Lower Moreland Township
Nondiscrimination Ordinance."
Unless specifically stated otherwise, words and phrases shall
be construed in a manner consistent with the Pennsylvania Human Relations
Act. The following words and phrases, when appearing in this
chapter, shall have the meanings given to them under this chapter:
BOARD
The Lower Moreland Board of Commissioners.
COMMERCIAL PROPERTY OR HOUSING
The opportunity for an individual to obtain any commercial
property or housing accommodation to which the individual is qualified.
DISCRIMINATION
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.
DISCRIMINATORY ACTS
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.
EMPLOYEE
The term does not include any individuals who, as a part
of their employment, reside in the personal residence of the employer.
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.
EMPLOYMENT
The opportunity for an individual to obtain employment for
which the individual is qualified.
GENDER IDENTITY OR EXPRESSION
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.
PERSON
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.
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, bisexuality,
asexuality, pansexuality and polysexuality.
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.
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.