[Derived from Ch. XIV, Part 6, of the 1964 Code of Ordinances of the City of Monessen]
This article shall be known as "The Monessen Fair Employment Practice Article."
It is hereby declared to be the policy of the city in the exercise of its police power for the protection of the public welfare, health, safety and peace of the city and the inhabitants thereof to prohibit unfair employment practices, as hereinafter defined, and to establish the Monessen Fair Employment Practice Commission as an administrative agency charged with the duty of effectuating the provisions and purposes of this article.
As used in this article, the following terms shall have the meanings indicated:
- The Monessen Fair Employment Practice Commission created herein.
- Every person, as herein defined, who employs one or more employees, exclusive of parents, spouse or children of such person. The term, however, shall not include fraternal, sectarian, charitable or religious organizations, but shall include any governmental unit, agency or employee as to which the city has the power to legislate.
- Shall not include the employment of individuals as domestic servants nor the employment of individuals to serve in personal and confidential positions.
- EMPLOYMENT AGENCY
- Includes every person, as herein defined, regularly undertaking in this city, with or without compensation, to procure opportunities to work or to procure, recruit, refer or place employees.
- LABOR ORGANIZATION
- Any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with the employers concerning grievances, terms or conditions of employment or other mutual aid or protection in relation to employment.
- An individual, partnership, corporation, union or association, including those acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. Whenever used in any clause prescribing and imposing a penalty, the term "person," as applied to partnerships, unions or associations, shall mean the partners or members thereof and as applied to corporations, the officers thereof. The singular shall include the plural and the masculine shall include the feminine and neuter.
Unfair employment practices are hereby prohibited. It shall be an unfair employment practice, except, where based on a bona fide occupational qualification certified by the Commission:
For an employer, because of the race, color, religion, national origin or ancestry of any individual, to refuse to hire or otherwise to discriminate against him with respect to hire, tenure, promotions, terms, conditions or privileges of employment or any matter directly or indirectly related to employment.
For any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group or individual because of race, color, religion, national origin or ancestry.
For any employer, employment agency or labor organization prior to employment or admission to membership to:
Make any inquiry concerning or record of the race, color, religion, national origin or ancestry of any applicant for employment or membership.
Use any form of application for employment of personnel or membership blank containing questions or entries regarding race, color, religion, national origin or ancestry.
Cause to be printed, published or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religion, national origin or ancestry.
For any employment agency to fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of his race, color, religion, national origin or ancestry.
For any labor organization to discriminate against any individual or to limit, segregate or classify its membership in any way which would deprive or tend to deprive such individual of employment opportunities or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment or would affect adversely his wages, hours or employment conditions because of such individual's race, religion, color, national origin or ancestry.
For any employer, employment agency or labor organization to penalize or discriminate in any manner against any individual because he has opposed any practice forbidden by this article or because he has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing thereunder.
For any person to aid, abet, incite, compel or coerce the doing of any act declared herein to be an unfair employment practice or to obstruct or prevent any person from complying with the provisions of this article or any order issued thereunder or to attempt directly or indirectly to commit any act declared by this article to be an unfair employment practice.
It is specifically provided that if the provisions of this article are not otherwise violated, it shall not be an unfair employment practice for any employer to select for employment or to employ any person who possesses qualifications, training or experience which best adapts him for the welfare and interest of such employer's business or profession.
There is hereby established the Monessen Fair Employment Practice Commission, which shall consist of five members, who shall be appointed by Council. Any three members of the Commission shall constitute a quorum. They shall serve without compensation but shall be reimbursed for all expenses necessarily incurred. Each member of the Commission shall serve for a period of three years and until his successor is duly appointed and qualified. The members of the Commission shall annually elect a Chairman and Secretary. Any member of the Commission may be removed by the appointing power.
The Commission shall appoint such personnel at such compensation as may from time to time be authorized by Council.
The Commission is authorized to and shall:
Receive and investigate and seek to adjust all complaints of unfair employment practices forbidden by this article, but no complaint shall be received unless made to the Commission within 60 days of such alleged unfair practice.
Make and publish appropriate findings as a result of its investigations.
From time to time, but not less than once a year, render to the Mayor and Council a written report of its activities and recommendations.
Formulate and carry out a comprehensive educational program designed to eliminate and prevent prejudice and discrimination based upon race, color, religion, national origin or ancestry.
Adopt such rules and regulations as may be necessary to carry out the functions of the Commission and effectuate the purposes and provisions of this article.
Upon its own initiative or whenever a charge has been made, either by aggrieved individuals or by an organization which has as one of its purposes the combating of discrimination or of promoting full, free or equal employment opportunities, that any person has engaged or is engaging in any unfair employment practice, the Commission shall have power to issue and cause to be served on such person a complaint stating the charges in that respect and containing a notice of public hearing before the Commission at a place therein fixed, to be held not less than 10 days after the service of said complaint. The respondent shall have the right to file an answer to the complaint and to appear at such hearing in person or by attorney or otherwise to examine and cross-examine witnesses. If upon all the testimony taken the Commission shall determine that the respondent has engaged or is engaging in any unfair employment practices, the Commission shall state its findings of fact and shall render such decision or enter such order as the facts warrant.
In the event that the respondent refuses or fails to comply with any such order issued by the Commission, the Commission shall certify the case and the entire record of its proceedings to the City Solicitor, who shall invoke the aid of an appropriate court to impose the penalties provided in § 80-16 of this article and by appropriate action secure enforcement of the order.
Whenever the Commission finds that any official, agent, or employee of this city or any contractor or subcontractor doing work for this city has engaged in any unfair employment practice, it shall make a report thereof to the Mayor for appropriate action.
[Amended 12-18-2002 by Ord. No. 8-2002]
Any person who shall violate any of the provisions of this chapter or any of the rules and regulations adopted thereunder or who shall fail, refuse or neglect to comply with any decision or order of the Monessen Fair Employment Practice Commission shall be subject for each violation to a fine not exceeding $1,000, together with judgment of imprisonment not exceeding 30 days if the amount of said fine and costs shall not be paid within 10 days from the date of the imposition thereof; provided, that prosecutions under this article shall be brought only by the City Solicitor, and such prosecutions shall be brought only after certification of a case to him by the Commission.