[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.
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.
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:
A.
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.
B.
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.
C.
For any employer, employment agency or labor organization
prior to employment or admission to membership to:
(1)
Make any inquiry concerning or record of the race,
color, religion, national origin or ancestry of any applicant for
employment or membership.
(2)
Use any form of application for employment of personnel
or membership blank containing questions or entries regarding race,
color, religion, national origin or ancestry.
(3)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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:
A.
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.
B.
Make and publish appropriate findings as a result
of its investigations.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
