[Adopted 4-28-1969 by Ord. No. 1060; amended 4-24-1986 by Ord. No.
1356 (Ch. 1, Part 4B, § 405, of the 1986
Code of Ordinances)]
This article may be cited as the "Washington Human Relations
Ordinance."
A.
Legislative findings.
(1)
The population of the City of Washington consists of people of every
race, color, religion, ancestry, national origin and place of birth,
many of whom by reason of their race, color, religion, ancestry, national
origin or place of birth are discriminated against in employment opportunities,
places of public accommodation, resort, recreation, amusement, and
housing facilities.
(2)
Discrimination because of race, color, religion, ancestry, national
origin or place of birth is contrary to the Constitutions, laws and
policies of the Commonwealth of Pennsylvania and the United States
of America.
(3)
Discrimination in employment prevents the gainful employment of large
segments of citizens of the City, tends to impair the City's
productive capacity, reduce the public revenues, impose substantial
financial burdens upon the public for relief and welfare, and tends
to create breaches of the peace and depressed living conditions, which
breed crime, vice, juvenile delinquency and disease, and are detrimental
to the public safety, economic growth and general welfare of the City
of Washington.
(4)
Discrimination in housing results in overcrowded, segregated areas
with substandard, unsafe and unsanitary living conditions, which cause
increased mortality, disease, crime, vice and juvenile delinquency,
fires and risk of fire, intergroup tensions and other evils, all of
which increase the cost of government and reduce the public revenues
and result in injury to the public safety, health and welfare of the
City of Washington.
(5)
Discrimination in places of public accommodation, resort, recreation,
amusement and places of business causes humiliation, embarrassment
and inconvenience to citizens and visitors of the City, tends to create
breaches of the peace, intergroup tensions and conflicts and similar
evils, and is detrimental to the public safety, general welfare and
economic growth of the City of Washington.
B.
Declaration of policy. It is hereby declared to be the policy of
the City of Washington in the exercise of its powers for the protection
of the public safety and the general welfare, for the maintenance
of peace and good government and for the promotion of the City's
trade, commerce and manufactures, to assure the right and opportunity
of all persons to participate in the social, cultural, recreational
and economic life of the City and to assure equal opportunity for
all persons to live in decent housing facilities, free from restrictions
because of race, color, religion, ancestry, national origin or place
of birth.
C.
To accomplish these goals it shall be the public policy of the City
of Washington to prohibit discrimination because of race, color, religion,
ancestry, national origin or place of birth in employment, housing
and places of public accommodation, resort, recreation or amusement.
This article applies to discriminatory practices, including
but not limited to discrimination in employment, housing and public
accommodations, which occur within the territorial limits of the City
of Washington and to employment contracted for, performed or to be
performed within these limits and to housing accommodations and places
of public accommodation, resort, recreation and amusement located
within the territorial limits of the City.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The Commission on Human Relations established in the office
of the Mayor of the City of Washington by this article.
The terms "discriminate" and "discrimination" include any
difference in treatment based on race, color, religion, ancestry,
national origin or place of birth.
Any person who employs five or more employees, exclusive
of the parents, spouse or children of such person, including the City
of Washington, its departments, boards, commissions, and authorities,
and any other governmental agency within its jurisdiction, but excluding
any religious, fraternal, charitable or sectarian organization which
employs less than four persons.
The term "employment" shall not include the employment of
persons in individual household domestic service.
Any person regularly undertaking, with or without compensation,
to procure opportunities for employment or to procure, recruit, refer
or place employees.
A building, structure or portion thereof which is used or occupied,
or is intended, arranged or designed to be used or occupied, as a
home, residence or sleeping place by a person, by a family or by a
group of persons living together; or
A parcel of real property or lot available for the construction
of a housing accommodation.
Any organization which exists for the purpose, in whole or
in part, of collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or of other mutual
aid or protection in relation to employment.
Any bank, insurance company, savings and loan association,
or any other person regularly engaged in the business of lending money
or guaranteeing loans.
The term "owner" includes the owner, co-owner, lessee, sublessee,
mortgagee, assignee, manager, agent or any other person having the
right of ownership or possession or the authority to sell, rent or
lease any housing accommodation, or any person having an equitable
or security interest in any housing accommodation, including the City
of Washington and its departments, boards, commissions and authorities.
Any individual, partnership, corporation, labor organization
or other organization or association, including those acting in a
fiduciary or representative capacity, whether appointed by a court
or otherwise. The term "person," as applied to partnerships or other
organizations or associations, includes their members and, as applied
to corporations, includes their officers.
Any natural person, partnership, corporation or other association
which for a fee or other valuable consideration manages, sells, purchases,
exchanges or rents or negotiates or offers or attempts to negotiate
the sale, purchase, exchange or rental of the real property of another,
or holds itself out as engaged in the business of managing, selling,
purchasing, exchanging or renting the real property of another, or
collects rent for the use of the real property of another, and includes
real estate salesmen or agents or any other person employed by a real
estate broker to perform or to assist in the performance of his business.
A building or structure containing living quarters occupied
or intended to be occupied by no more than two individuals, two groups
or two families living independently of each other and used by the
owner or lessee thereof as a bona fide residence for himself and any
members of his family forming his household.
Any place, business or activity which is open to, accepts
or solicits the patronage of the general public or offers goods, services
or recreation to the general public.
A.
There is hereby established in the office of the Mayor, a Commission
on Human Relations to administer, implement and enforce the provisions
of this article.
B.
The Commission shall consist of 15 members to be appointed by the
Mayor and Council. In the first instance, five members of said Commission
shall be appointed, each for the term of four years; five members
shall be appointed, each for the term of three years; five members
shall be appointed for the term of two years. Thereafter, members
sufficient in number to maintain the said Commission at 15 members
shall be appointed for the term of four years each.
(1)
Each
member of the Commission shall continue to serve after his term until
his successor has been appointed and qualified.
(2)
The
persons appointed by the Mayor and Council may be residents of other
than the City of Washington, provided that, at all times, the majority
of the members of the Commission shall be residents of the City of
Washington.
(3)
No Commission
member shall hold office in any political party.
C.
The Commission shall elect one of its members as Chairman and may
elect such other officers as it may deem necessary. The Chairman may,
with the approval of the Commission, appoint such committees as may
be necessary to carry out the powers and duties of the Commission,
and the Commission may authorize such committee to take any necessary
action for the Commission.
D.
The Commission shall adopt such rules and regulations for its own
organization, operations and procedures as the Commission shall deem
necessary to administer, implement and enforce this article.
E.
The Commission shall hold at least 10 monthly meetings during each
calendar year. Seven members of the Commission shall constitute a
quorum for the transaction of business, and a majority vote of those
present at any meeting shall be sufficient for any official action
taken by the Commission, except that approval of a majority of the
members of the Commission shall be required before any public hearing
may be held.
F.
The members of the Commission shall serve without compensation, but
they may be reimbursed for all expenses necessarily incurred in the
performance of their duties in accordance with appropriations made
by City Council.
A.
The Mayor may appoint an Executive Director and such other personnel
as may be authorized by City Council to assist the Commission in administering,
implementing and enforcing the provisions of this article. In proposing
a budget for the operation of the Commission and in selecting the
Executive Director and other personnel authorized by City Council,
the Mayor shall take into consideration the recommendations of the
Commission.
B.
The Executive Director shall serve as the staff executive officer
for the Commission. He shall promote the efficient transaction of
its business, the orderly handling of complaints and other matters
before the Commission, and shall supervise the Commission staff.
C.
The Commission may authorize the Executive Director to initiate complaints
of unlawful practices, as set forth in this article.
The Commission shall have the power and it shall be its duty
to:
A.
Initiate, receive, investigate and seek the satisfactory adjustment
of complaints charging unlawful practices, as set forth in this article.
B.
Initiate or receive and investigate other complaints of discrimination
against any person because of race, color, religion, ancestry, national
origin or place of birth, and to seek the satisfactory adjustment
of such complaints. Any complaint filed under this subsection which
the Commission believes may constitute a violation of a law of the
United States of America or the Commonwealth of Pennsylvania may be
certified to the City Solicitor for such actions as he may deem proper.
C.
Hold public hearings, subpoena witnesses and compel their attendance;
administer oaths, take the testimony of any person under oath, and
in connection therewith require the production of evidence relating
to any matter under investigation or any question before the Commission;
make findings of fact, issue orders and publish such findings of fact
and orders and do all other things necessary and proper for the enforcement
of this article.
D.
Certify upon the request of any person that a particular occupation
or position is exempt from the provisions of this article relating
to unlawful employment practices if the Commission finds that the
occupation or position reasonably requires the employment of a person
or persons of a particular race, color, religion, ancestry, national
origin or place of birth, and that such certification is not sought
as means of circumventing the spirit and purpose of this article,
the burden of proving the facts required for such a finding to be
in each instance upon the person requesting the certification of exemption
from the provisions of this article.
E.
Study and investigate by means of public hearings or otherwise any
conditions having an adverse effect on intergroup relations in the
City of Washington and to study the problems of prejudice, intolerance,
bigotry and discrimination as they affect the public safety and general
welfare of the City of Washington.
F.
Institute and conduct educational and other programs to promote the
equal rights and opportunities of all persons, regardless of their
race, color, religion, ancestry, national origin or place of birth,
and to promote understanding among persons and groups of different
races, colors, religions, ancestries, national origins or places of
birth. In the performance of its duties, the Commission may cooperate
with interested citizens, private agencies and agencies of the federal,
state and local governments.
G.
Issue publications and reports of investigation and research in the
field of human relations, and to cooperate with and accept grants
from public and private agencies, including foundations, colleges
and universities, engaged in similar research.
H.
Request other departments, boards and commissions of the City government
to assist in the performance of its duties, and such other departments,
boards and commissions shall cooperate fully with the Commission.
I.
Assist in the enforcement of fair practices in City contracts.
J.
Render from time to time a written report of its activities and recommendations
to the Mayor and City Council.
K.
Recommend legislation to promote and ensure equal rights and opportunities
for all persons regardless of their race, color, religion, ancestry,
national origin or place of birth.
L.
Adopt such rules and regulations as may be necessary to carry out
the purposes and provisions of this article.
It shall be an unlawful employment practice, except where based upon applicable national security regulations established by the United States, by the Commonwealth of Pennsylvania, or by any political subdivision of the commonwealth having jurisdiction in the City of Washington, or except where based upon a bona fide occupational exemption certified by the Commission in accordance with § 20-7D:
A.
For any employer to refuse to hire any person or otherwise to discriminate
against any person with respect to hiring, tenure, compensation, promotion,
discharge or any other terms, conditions or privileges directly or
indirectly related to employment because of race, color, religion,
ancestry, national origin or place of birth.
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, the employment or membership opportunities of
any person or group of persons because of race, color, religion, ancestry,
national origin or place of birth.
C.
For any employer, labor organization, employment agency or any joint
labor-management committee controlling apprentice training programs
to deny or to withhold from any person the right to be admitted to
or participate in a guidance program, an apprenticeship training program,
an on-the-job training program or any other occupational training
program because of race, color, religion, ancestry, national origin
or place of birth.
D.
For any employer, employment agency or labor organization to require
of any applicant for employment or membership any information concerning
race, color, religion, ancestry, national origin or place of birth.
E.
For any employer, employment agency or labor organization to publish
or circulate, or to cause to be published or circulated, any notice
or advertisement relating to employment or membership which indicates
any discrimination because of race, color, religion, ancestry, national
origin or place of birth.
F.
For any employment agency to fail or refuse to classify properly
or refer to employment or otherwise to discriminate against any person
because of race, color, religion, ancestry, national origin or place
of birth.
G.
For any employer substantially to confine or limit recruitment or
hiring of employees, with intent to circumvent the spirit and purpose
of this article, to any employment agency, employment service, labor
organization, training school, training center or any other employee-referring
source which serves persons who are predominantly of the same race,
color, religion, ancestry, national origin or place of birth.
H.
For any labor organization to discriminate against any person in
any way which would deprive or limit his employment opportunities
or otherwise adversely affect his status as an applicant for employment
or as an employee with regard to tenure, compensation, promotion,
discharge or any other terms, conditions or privileges directly or
indirectly related to employment because of race, color, religion,
ancestry, national origin or place of birth.
I.
For any employer, employment agency or labor organization to discriminate
against any person because he has opposed any practice forbidden by
this article or because he has made a complaint or testified or assisted
in any manner in any investigation or proceeding under this article.
J.
For any person, whether or not an employer, employment agency or
labor organization, to aid, incite, compel, coerce or participate
in the doing of any act declared to be an unlawful employment practice
by this article, or to obstruct or prevent any person from enforcing
or complying with the provisions of this article or of any rule, regulation
or order of the Commission, or to attempt, directly or indirectly,
to commit any act declared by this article to be an unlawful employment
practice.
Excluding personal residence as hereinbefore defined, it shall
be an unlawful housing practice, except as otherwise provided in this
article:
A.
For any owner, real estate broker or any other person to refuse to
sell, lease, sublease, rent, assign or otherwise transfer, or to refuse
to negotiate for the sale, lease, sublease, rental, assignment or
other transfer of the title, leasehold or other interest in any housing
accommodation to any person or to represent that any housing accommodation
is not available for inspection, sale, lease, sublease, rental, assignment
or other transfer when in fact it is so available, or otherwise to
deny or withhold any housing accommodation from any person because
of race, color, religion, ancestry, national origin or place of birth,
or to discriminate against, segregate or assign quotas to any person
or group of persons in connection with the sale, lease, sublease,
rental, assignment or other transfer to the title, leasehold, or other
interest in any housing accommodation or housing accommodations.
B.
For any person, including any owner or real estate broker, to include
in the terms, conditions or privileges of any sale, lease, sublease,
rental, assignment or other transfer of any housing accommodation,
any clause, condition or restriction discriminating against, or requiring
any other person to discriminate against any person in the use or
occupancy of such housing accommodation because of race, color, religion,
ancestry, national origin or place of birth.
C.
For any person, including any owner or real estate broker, to discriminate
in the furnishing of any facilities or services for any housing accommodation
because of race, color, religion, ancestry, national origin or place
of birth.
D.
For any person, including any owner or real estate broker, to publish,
circulate, issue or display, or cause to be published, circulated,
issued or displayed, any communication, notice, advertisement or sign
of any kind relating to the sale, rental, lease, sublease, assignment,
transfer or listing of a housing accommodation or accommodations which
indicates any preference, limitation, specification or discrimination
based on race, color, religion, ancestry, national origin or place
of birth.
E.
For any person, including any bank, banking organization, mortgage
company, insurance company or other financial or lending institution,
or any agent or employees thereof, to whom application is made for
financial assistance for the purchase, lease, acquisition, construction,
rehabilitation, repair or maintenance of any housing accommodation
or housing accommodations:
(1)
To discriminate against any person or group of persons because of
race, color, religion, ancestry, national origin or place of birth
of such person or group of persons or of the prospective occupants
or tenants of such housing accommodation in the granting, withholding,
extending, modifying or renewing, or in the rates, terms, conditions
or privileges of any such financial assistance or in the extension
of services in connection therewith; or
(2)
To use any form of application for such financial assistance or make
any record of inquiry in connection with applications for such financial
assistance which includes, directly or indirectly, any limitation,
specification or discrimination as to race, color, religion, ancestry,
national origin or place of birth, or any intent to make any such
limitation, specification or discrimination.
F.
For any real estate broker or real estate salesman or agent, or any
other person for business or economic purposes, to induce directly
or indirectly or to attempt to induce directly or indirectly the sale
or rental or the listing for sale or rental of a housing accommodation
by representing that a change has occurred or will or may occur with
respect to the racial, religious or ethnic composition of the street,
block, neighborhood or area in which said housing accommodation is
located.
G.
For any person, whether or not a real estate broker, real estate
salesman or agent, owner or lending institution to aid, incite, compel,
coerce or participate in the doing of any act declared to be an unlawful
housing practice under this article, or to obstruct or prevent enforcement
or compliance with the provisions of this article or any rule, regulation
or order of the Commission, or to attempt directly or indirectly to
commit any act declared by this article to be an unlawful housing
practice.
H.
Nothing in this article shall bar any religious or sectarian institution
or organization, or any charitable or educational organization which
is operated, supervised or controlled by or in connection with a religious
or sectarian organization, or any bona fide private or fraternal organization
from limiting admission to or giving preference to persons of the
same religion or sect, or to members of such private or fraternal
organization, or from making such selection as is calculated by such
organization to promote the religious or sectarian principles or the
aims, purposes or fraternal principles for which it is established
or maintained.
It shall be an unlawful public accommodation practice:
A.
For the owner, lessee, proprietor, manager, superintendent, agent
or employee of any business or place of public accommodation, resort,
recreation or amusement to:
(1)
Refuse, withhold from or deny to any person because of his race,
color, religion, ancestry, national origin or place of birth, either
directly or indirectly, any of the accommodations, advantages, facilities,
services or privileges, products or goods of such place of public
accommodation, resort or amusement; or
(2)
Publish, circulate, issue, display, post or mail, either directly
or indirectly, any written or printed communication, notice or advertisement
to the effect that any of the accommodations, advantages, facilities,
goods, products, services and privileges of any such place shall be
refused, withheld or denied to any person on account of race, color,
religion, ancestry, national origin or place of birth, or that the
patronage of any person of any particular race, color, religion, ancestry,
national origin or place of birth is unwelcome, objectionable, or
not acceptable, desired or solicited.
It shall be unlawful for any person, whether or not within the
named classifications set forth in this article, to aid, incite, compel,
coerce or participate in the doing of any act declared to be an unlawful
practice under this article, or to obstruct or prevent enforcement
of compliance with the provisions of this article or any rule, regulation
or order of the Commission, or to attempt directly or indirectly to
commit any act declared by this article to be an unlawful practice.
A.
All contracts of the City of Washington and its contracting agencies
shall obligate the contractor to comply with this article and with
any state or federal law or laws or regulations relating to unlawful
employment practices in connection with any work to be performed thereunder
and shall require the contractor to include a similar provision in
all subcontracts.
B.
The Commission shall promulgate rules and regulations for the processing
of complaints of discrimination received under this article.
A.
A complaint charging that any person has engaged or is engaging in
any unlawful practice as set forth in this article may be made by
the Commission, by an aggrieved person or by an organization which
has as one of its purposes the combating of discrimination or the
promotion of equal opportunities, and any complaint may be amended
by the complainant or the Commission at any time before final action
has been taken by the Commission in accordance with such rules and
regulations as the Commission shall prescribe.
B.
The complaint shall be in writing, signed and verified, and 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.
C.
The Executive Director and staff, or a committee of the Commission
members, shall make a prompt and full investigation of each complaint
of an unlawful practice and report to the Commission.
D.
If the Commission shall determine that there is no basis for the
allegations in a complaint, the complaint shall be dismissed and the
complainant notified in writing. Within 10 days from the receipt of
such notice, the complainant or his attorney may file with the Commission
a request for review, and the Commission shall provide the complainant
and his attorney an opportunity to appear before the Commission, a
member thereof or a staff representative of the Commission. After
such a review, the Commission may reverse its decision; or if the
Commission or its representative determines that there is no basis
for the allegation, the dismissal of the complaint shall be affirmed
and there shall be no further review of such decision.
E.
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
meetings with all parties. The Commission shall not make public the
details of such informal proceedings, but it may publish the terms
of any agreement when a complaint has been satisfactorily adjusted.
F.
If the Commission determines that a housing accommodation or housing accommodations involved in a complaint of an unlawful housing practice under § 20-9 of this article may be sold, rented or otherwise disposed of before a determination of the case has been made, and the Commission believes that there is probable cause for the complaint, the Commission may request the City Solicitor to seek an injunction restraining the sale, rental or other disposition of the housing accommodation or housing accommodations in accordance with the provisions of Section 9.1 of the Pennsylvania Human Relations Act of October 27, 1955, P.L. 744, added by Act No. 533, approved January 24, 1966, as hereafter amended, supplemented or modified by the General Assembly of Pennsylvania.
G.
In any case of failure to eliminate the unlawful practice charged in the complaint by means of informal proceedings, or in advance thereof if in the judgment of the Commission the facts so warrant, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed and certify the case to the City Solicitor or State Human Relations Committee in accordance with § 20-14 of this article.
H.
Hearing.
(1)
Where a public hearing is ordered, the Commission shall designate
three or more members to conduct such a hearing. The Commission shall
serve upon the person charged with having engaged or engaging in the
unlawful practice, hereinafter referred to as "respondent," a statement
of the charges made in the complaint or amended complaint and a notice
of the time and place of the hearing. The hearing shall be held not
less than 10 days after the service of the statement of charges.
(2)
The respondent shall have the right to file an answer to the statement
of charges, to appear at the hearing in person or to 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. The
complainant shall also have the right to be represented by an attorney
or, subject to the approval of the hearing panel, by any other person.
The Commission shall not be bound by the strict rules of evidence
prevailing in courts of law or equity. The testimony taken at the
hearing shall be under oath and may be transcribed.
I.
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 in writing and dismiss the complaint. 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 in writing and shall issue such order in writing
as the facts warrant to effectuate the purposes of this article. Such
order may require the respondent to cease and desist from such unlawful
practice and to take such affirmative action, including, but not limited
to, the hiring, reinstatement or upgrading of employees, with or without
back pay; admission or restoration to membership in any respondent
labor organization; 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; the tendering of money,
whether or not secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair or maintenance of any housing
accommodation; the granting, permitting, selling or admission to any
of the accommodations, advantages, facilities, services or privileges,
products or goods of any respondent place of public accommodation,
resort, recreation or amusement, upon such equal 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 article and
are warranted by the facts presented at the hearing, including a requirement
for a report or reports of the manner of compliance. Copies of the
order shall be served on all parties.
In the event the respondent refuses or fails to comply with an order of the Commission or violates any of the provisions of this article, the Commission shall certify the case and the entire record of its proceedings to the City Solicitor, or the State Human Relations Commission in the event the City be involved, who shall invoke the aid of an appropriate court to secure enforcement or compliance with the order or to impose the penalties set forth in § 20-15, or both.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days.