[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 17-1992. Amendments noted where applicable.]
CROSS-REFERENCES
Pennsylvania Human Relations Act: Act of Oct. 27, 1955, P.L.
744, as amended (43 P.S. § 951 et seq.).
Rental housing discrimination: see 35 P.S. § 1680.402a.
Service uniform discrimination: see Crimes Code (18 Pa.C.S.A.
§ 7323).
A.
A complaint charging that any person has engaged in or is engaging
in any unlawful practice as set forth in this code may be made by
the Commission, by the aggrieved person or by any organization which
has as one of its purposes the combating of discrimination or the
promotion of equal opportunities; any complaint may be amended any
time before final action has been taken by the Commission in accordance
with such rules and regulations as the Commission shall prescribe.
C.
Upon the filing of a complaint, the Commission shall promptly serve
notice on the respondent or person charged with the commission of
a discriminatory practice, advising the respondent of his or her procedural
rights and obligations, including the obligation to file a written
answer to the complaint within 30 days, together with a copy of the
complaint.
D.
The complaint and answer shall be in writing, signed and verified,
and shall include the name and address of the person or persons alleged
to have committed the unlawful practice and the particulars thereof
and such other information as may be required by the Commission.
E.
No complaint shall be considered unless it is filed with the Commission
within 180 days after the complainant learned or should have learned
of the occurrence of the alleged unlawful practice.
A.
The Commission shall commence investigation with respect to a complaint
before the end of the 30th day after receipt of the complaint.
B.
Investigations of complaints regarding discriminatory housing accommodations
shall be completed in no more than 100 days after the receipt of a
complaint, and if the Commission is not able to complete the investigation
within 100 days it shall notify the complainant and the respondent
in writing of the reasons for not doing so. In the event that the
Commission is unable to complete the investigation within 100 days
after the receipt of any complaint, the Commission will, upon written
request of the complainant, close the case.
Final disposition of complaints regarding discriminatory housing
accommodations shall be made within one year after receipt of the
complaint, unless it is impracticable. As to all other complaints,
the Commission will attempt to achieve final administrative disposition
within one year after receipt of the complaint unless it is impracticable
to do so. If the Commission is unable to do so, it shall notify the
complainant and respondent in writing of its reasons for not doing
so.
If the Commission determines that there is no basis for the
allegations in the complaint, the complaint shall be dismissed and
the complainant so notified in writing, which notice shall contain
the following information:
A.
Within 10 days from the receipt of such notice of dismissal, the
complainant or his or her attorney may file with the Commission a
request for review, and the Commission shall provide the complainant
an opportunity to appear before the Commission or a member thereof.
After such review the Commission may reverse its decision or, if the
Commission or its representative determines that there is no basis
for the complaint, the dismissal of the complaint shall be affirmed,
and there shall be no further review of such decision by the Commission.
B.
Any final order of the Commission is reviewable in the Court of Common
Pleas within 30 days of its issuance.
C.
Unless otherwise ordered by the Court of Common Pleas, any timely
appeal shall operate as a supersedeas of the Commission's order,
provided that any order or portion of any order of the Commission
requiring the preservation of the subject matter of the complaint
(e.g., housing unit) shall remain in force unless specifically negated
by the Court of Common Pleas.
A.
If the Commission determines after investigation that probable cause
exists for the allegations made in the complaint, it may attempt to
eliminate the unlawful practice by means of private conferences or
by reaching a conciliation agreement with all parties.
B.
The Commission shall not make public any matters relating to efforts
to adjust the complaint, but it shall publish the terms of an agreement
once a complaint has been satisfactorily adjusted. Once a conciliation
agreement is reached, it shall be made public unless the complainant
and the respondent otherwise agree and the Commission determines that
disclosure is not required to further the purposes of this code.
C.
Any conciliation agreement arising out of the efforts of the Commission
shall be an agreement between the respondent and complainant but shall
be subject to the approval of the Commission.
[Amended 12-11-2007 by Ord. No. 31-2007]
A.
In any case of failure to resolve the complaint by means of informal proceedings, or in advance thereof, and if in the judgment of the Commission the facts so warrant, the Commission shall hold a public hearing to determine whether or not an unlawful practice has been committed or, without holding such a hearing, direct its Solicitor to take action in accordance with Chapter 4-109.
B.
When a public hearing is ordered, the Commission shall designate
one or more members to conduct such a hearing. The Commission shall
serve upon the respondent, if it has not already done so, a copy of
the complaint and any amended complaint and a notice of the time and
place of the hearing. The hearing shall ordinarily be held not less
than 10 days after the service of such notice.
C.
The Commission shall, upon serving the respondent with the complaint,
inform the respondent of his or her rights and obligations, including
the obligation to file an answer to the complaint within 30 days,
to appear at any hearing in person or be represented by an attorney
or, subject to the approval of the hearing panel, by any other person,
and to examine and cross-examine witnesses.
D.
The complainant shall also have the right to be represented by an
attorney or, subject to the approval of the hearing panel, any other
person.
E.
When notice of hearing is given in cases alleging unlawful housing
practices, either party may elect to have the claim asserted in a
civil action brought under the original jurisdiction of the Dauphin
County Court of Common Pleas or the Court of Common Pleas for the
county in which the alleged practice occurred. The written notice
of the Commission shall be sent to all parties and will inform them
of their right to take civil action. An election shall notify the
Commission and all other parties.
A.
If, upon all the evidence presented, the Commission finds that the
respondent has not engaged in any unlawful practice, it shall state
its findings of fact and conclusions in writing and dismiss the complaint.
B.
If, upon all the evidence presented, the Commission finds that the
respondent has engaged or is engaging in an unlawful practice, it
shall state its findings of fact and conclusions in writing and shall
issue an order in writing as the facts warrant to effectuate the purposes
of this code. Such order may provide for any remedy that is available
to the Commission under common law (law or equity), federal law or
state law which regulates actual damages or other civil remedies and
which may include but is not limited to:
(1)
Requiring the respondent to cease and desist from such unlawful
practice and to take affirmative action, including but not limited
to the hiring, reinstatement or upgrading of employees, with or without
back pay and with or without damages;
(2)
Admission or restoration to membership in any respondent labor
organization;
(3)
The selling, renting, or leasing of a housing accommodation
or housing accommodations upon equal terms and conditions and with
such equal facilities, services, and privileges as the Commission
may determine;
(4)
The tendering of money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation, repair,
or maintenance of any housing accommodation; or
(5)
The granting, permitting, selling or admitting to any of the
accommodations, advantages, facilities, services or privileges, products,
or goods of any respondent place of public accommodation upon such
terms and conditions to any person discriminated against, or to all
persons as, in the judgment of the Commission, will effectuate the
purposes of this code and are warranted by the facts presented at
the hearing, including a requirement for a report or reports of the
manner of compliance.
C.
In cases of discrimination in housing accommodation, the Commission
may, if necessary, arrange to have adjudicated in court, at Commission
expense, an award of punitive damages against the respondent.
D.
Copies of all orders shall be served on all parties.
If the Commission enters any final order, whether it is to dismiss
the complaint, grant an award of relief, compensation or other remedy
in favor of the complainant or grant an award in favor of the respondent,
the party aggrieved by this final order may seek judicial review of
that decision in a court of competent jurisdiction. The court may
then make any other order that it determines to be just and proper
based upon the record of the proceedings before the Commission, including
to set aside, affirm, modify, or remand, in whole or in part, the
decision of the Commission or to grant any temporary relief that it
deems appropriate.
