[HISTORY: Adopted by the Board of Commissioners of the Township
of Cheltenham 2-15-2012 by Ord. No. 2237-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 47 but was renumbered to maintain the organizational structure
of the Code.
This chapter shall be known as the "Cheltenham Township Human
Relations Ordinance."
A.
Cheltenham Township finds that it is vital to adopt appropriate legislation
to insure that all persons, regardless of actual or perceived race,
color, age, religious creed, ancestry, sex, national origin, handicap,
disability, or use of guide or support animals and/or mechanical aids
because of blindness, deafness or physical handicap of the user or
the user is a handler or trainer of support or guide animals, or sexual
orientation, gender identity or gender expression enjoy the full benefits
of citizenship and are afforded equal opportunities for employment,
housing accommodations, public accommodations, and in publicly offered
commercial property transactions.
B.
The Board of Commissioners of Cheltenham Township hereby declares
it to be the public policy of the Township to foster equality and
equal opportunity for all citizens, regardless of actual or perceived
race, color, age, religious creed, ancestry, sex, national origin,
handicap, or use of guide or support animals and/or mechanical aids
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
or gender expression in all matters affecting employment, housing
accommodations, public accommodations, and in publicly offered commercial
property transactions, and to safeguard the right of all persons to
remain free of discrimination or discriminatory practices in any of
the foregoing aspects of their lives.
C.
Nothing in this chapter shall be construed as supporting, endorsing
or advocating any particular doctrine, point of view, or religious
belief. On the contrary, it is the express purpose and intent of this
chapter that all persons be treated fairly and equally and that all
persons in Cheltenham Township shall be guaranteed fair and equal
treatment under law.
D.
This chapter shall be deemed an exercise of the police power of the
Township of Cheltenham, as provided for under the Pennsylvania First
Class Township Code[1] and the Cheltenham Township Home Rule Charter and the
Pennsylvania Human Relations Act,[2] for the protection of the public welfare, prosperity,
health and peace of the community of Cheltenham Township.
The following words and phrases, when appearing in this chapter,
shall have the meanings given to them under this section. Any words
and phrases appearing in this chapter but not defined in this section
shall have the meanings given to them in the Pennsylvania Human Relations
Act.
The Board of Commissioners of Cheltenham Township, Montgomery
County, Pennsylvania.
Any building, structure or facility, or portion thereof, which
is used, occupied or is intended, arranged or designed to be used
or occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation; and
Any vacant land offered for sale or lease or held for the purpose
of constructing or locating thereon any such building, structure,
facility, business concern or public accommodation.
The Cheltenham Township Human Relations Commission.
Except as otherwise provided herein, any discriminatory act(s)
taken by any person, employer, entity, employment agency, or labor
organization, with respect to or involving a transaction related to
employment, housing accommodations, public accommodations, or publicly
offered commercial property, on the basis of a person's actual
or perceived race, color, age, religious creed, ancestry, sex, national
origin, handicap, disability or use of guide or support animals and/or
mechanical aids 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 actual or perceived
sexual orientation, gender identity or gender expression. Age discrimination,
however, shall not apply to public accommodations.
All acts or actions defined in the Pennsylvania Human Relations
Act[1] as unlawful discriminatory practices as related to employment, housing accommodations, public accommodation, or publicly offered commercial property transactions, because of actual or perceived race, color, age, religious creed, ancestry, sex, national origin, handicap, disability or use of guide or support animals and/or mechanical aids 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, in addition, as set forth in § 26-11 below, because of an individual's actual or perceived sexual orientation, gender identity or gender expression.
An individual employed by an employer, but not individuals
who, as a part of their employment, reside in the personal residence
of the employer.
The term includes the commonwealth or any political subdivision
or board, department, commission or school district thereof and any
person employing four or more persons within the commonwealth.
The hiring, promotion and termination of an individual for
a position as an employee and the compensation, tenure, terms, conditions
and privileges of employment.
Self-perception, or perception by others, as male or female,
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 gender variant.
1) Any building, structure, mobile home site or facility,
or portion thereof, which is used or occupied or is intended, arranged
or designed to be used or occupied as the home residence or sleeping
place of one or more individuals, groups or families, whether or not
living independently of each other, and 2) any vacant land offered
for sale or lease or held for the purpose of constructing or locating
thereon any such building, structure, mobile home site or facility.
The term "housing accommodation" shall not include any personal residence
offered for rent by the owner or lessee thereof or by his or her broker,
salesperson, agent or employee, provided that such person does not
own more than three such single-family houses at any one time.
In determining whether housing qualifies as housing for older
persons under this section, the Commission's requirements shall
include, but not be limited to, the following:
At least 80% of the units are occupied by at least one person
55 years of age or older per unit.
There is publication of, and adherence to, policies and procedures
which demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older;
The housing complies with regulations promulgated by the Pennsylvania
Human Relations Commission for verification of occupancy.
This Ordinance No. 2237-12, which shall be referred to as
the "Cheltenham Township Human Relations Ordinance" or "this chapter."
One or more natural persons, fraternal, civic or other membership
organizations, corporations, general or limited partnerships, proprietorships,
limited liability entities, or similar business organizations, including
the Township, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public, including
but not limited to inns, taverns, roadhouses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommodation
of those seeking health, recreation or rest, or restaurants or eating
houses, or any place where food is sold for consumption on the premises,
buffets, saloons, barrooms or any store, park or enclosure where spirituous
or malt liquors are sold, ice cream parlors, confectioneries, soda
fountains and all stores where ice cream, ice and fruit preparations,
or their derivatives, or where beverages of any kind are retailed
for consumption on the premises, drugstores, dispensaries, clinics,
hospitals, bathhouses, swimming pools, barbershops, beauty parlors,
retail stores and establishments, theaters, motion-picture houses,
airdromes, roof gardens, music halls, race courses, skating rinks,
amusement and recreation parks, fairs, bowling alleys, gymnasiums,
shooting galleries, billiard and pool parlors, public libraries, kindergartens,
primary and secondary schools, high schools, academies, colleges and
universities, extension courses and all educational institutions under
supervision of this commonwealth, nonsectarian cemeteries, garages
and all public conveyances operated on land or water or in the air
as well as the stations, terminals and airports thereof, financial
institutions and all commonwealth facilities and services, including
such facilities and services of all political subdivisions thereof,
but shall not include any accommodations which are in their nature
distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
The Township of Cheltenham, Montgomery County, Pennsylvania.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Discrimination in employment, housing accommodations, public accommodation,
or publicly offered commercial property transactions is prohibited
under this chapter.
B.
Retaliation against any individual because such person has opposed
any unlawful practice, or because such person has made a charge, testified,
or assisted in any manner in any investigation or proceeding under
this chapter, is prohibited under this chapter.
C.
Aiding, abetting, inciting, compelling or coercing the doing of any
unlawful practice, or obstructing or preventing any person from complying
with the provisions of this chapter, is prohibited under this chapter.
A.
Prohibitions against sex discrimination in employment and housing
accommodations shall not bar any religious or denominational institution
or organization or any charitable or educational organization which
is operated, supervised or controlled by or in connection with a religious
organization or any bona fide private or fraternal organization from
giving preference to persons of the same religion or denomination
or to members of such private or fraternal organization or 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 so long as such preference
is based upon the religious principles or the aims, purposes or fraternal
principles of such organization.
B.
Nothing in this chapter limits the applicability of the Fair Housing
Act and reasonable state or local restrictions on the maximum number
of occupants permitted to occupy a dwelling or a reasonable restriction
relating to health or safety standards or business necessity. Owners
and managers of dwellings may develop and implement reasonable occupancy
and safety standards based on factors such as the number and size
of sleeping areas or bedrooms and the overall size of a dwelling unit
so long as the standards do not violate the Fair Housing Act or state
or local restrictions.
C.
Nothing in this chapter regarding age or familial status shall apply
with respect to housing for older persons. A person shall not be held
personally liable for monetary damages for a violation of this chapter
if the person reasonably relied, in good faith, on the application
of the exemption of this subsection. A person may only prove good-faith
reliance on the application of the exemption of this subsection by
proving that, at the time of the act complained of, all of the following
applied:
A.
Pursuant to the authority set forth under Section 12.1 of the Pennsylvania
Human Relations Act, 43 P.S. § 962.1, there is hereby established
a Human Relations Commission in and for the Township of Cheltenham,
which shall be known as the "Cheltenham Township Human Relations Commission."
B.
The Cheltenham Township Human Relations Commission shall consist
of nine members, who shall be appointed to terms of three years by
the Board of Commissioners. The terms of the members of the Commission
shall be staggered, such that the term of at least three members of
the Commission shall expire each year. All members of the Commission
shall be residents and registered voters of the Township of Cheltenham
and shall serve without compensation. No member of the Commission
shall hold office in any political party.
C.
The Commission shall have jurisdiction over unlawful practices committed within the Township to the extent set forth in § 26-6G below. The Commission shall not replace any existing or future Human Relations Committee established by the Township.
D.
The Commission shall, annually, designate one member to serve as
Chairperson of the Commission and one as Vice Chairperson. The Chairperson
shall be responsible for coordinating the activities, meetings, and
operations of the Commission, as set forth under this chapter. The
Chairperson shall also report, from time to time, to a standing committee
of the Board of Commissioners regarding the activities of the Commission
but shall report at least monthly and otherwise upon the request of
the Chair of such standing committee.
E.
The Chairperson of the Commission will designate one member to receive
the complaint and conduct an intake meeting with the complainant or
complainants. The member charged with this duty shall not participate
in any mediations involving parties to the complaint for which they
handled the intake, nor shall this member vote on such complaints
brought before the Commission.
F.
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary by the Board of Commissioners to acquaint themselves
with the functioning of the Commission under this chapter, as well
as the terms, conditions and provisions of the Pennsylvania Human
Relations Act, and the operation of the Pennsylvania Human Relations
Commission. Such training and education shall be as directed by the
Chairperson and shall be performed in conjunction with the Pennsylvania
Human Relations Commission.
G.
The Commission 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
Commission under the Pennsylvania Human Relations Act[1] except as otherwise expressly set forth herein.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
H.
The Commission shall operate within the scope of funds which may
be allocated, on an annual basis, by the Board of Commissioners and
shall not exceed the annual allocation in any year, except upon prior
approval by the Board of Commissioners. In adopting this chapter,
the Board of Commissioners hereby expresses its intention that the
operation of the Cheltenham Township Human Relations Commission under
this chapter shall be supported by volunteers, unpaid staff, and volunteer
efforts and shall be as close to "zero cost" to the Township as reasonably
feasible.
I.
The Board of Commissioners hereby grants to the Commission, with
respect to unlawful practices as defined herein, all of the powers
necessary for the execution of its duties as set forth herein.
J.
The Commission shall be empowered to promulgate such additional procedures
to those set forth herein as it determines to be necessary or desirable
to implement the intent of this chapter, subject to the review and
approval of the Board of Commissioners prior to the adoption of any
such procedures.
A.
Complaints.
(1)
Any person claiming to be aggrieved by an unlawful practice may make, sign and file a verified complaint, as provided under Subsection A(2) of this section, alleging violations of this chapter. Such complaint shall, at a minimum, contain the following information:
(a)
The name, mailing address and e-mail (if applicable) of the
aggrieved person(s);
(b)
The name, mailing address and e-mail (if applicable) of the
person(s) alleged to have committed the prohibited practice;
(c)
A statement of the particulars of the facts, including pertinent
dates, time, locations, people, and acts involved constituting the
alleged unlawful practice;
(d)
If applicable, the address and a description of any housing
accommodation, public accommodation or commercial property which is
involved; and
(e)
Such other information as may be required by the Commission.
(2)
Complaints may be filed in person at the office of the Township Manager or by mailing such complaints to the Township offices, to the attention of the Township Manager. All such complaints must be received by the Township within 180 days of the occurrence of the last act giving rise to the complaint or such complaint shall be dismissed by the Township Manager as untimely. The time limits for filing any complaint shall be subject to waiver, estoppel and equitable tolling. Any complaint expressly asserting waiver, estoppel and/or equitable tolling shall be processed by the Township Manager as set forth below in § 26-7A(3), and any such issues shall be determined by the Commission.
(3)
The Township Manager shall transmit all complaints timely received
to the Chairperson of the Commission not later than 10 days after
receipt of the complaint. The Township Manager shall conspicuously
mark the face of the complaint with the date the document was first
received in the Township offices.
(4)
The Commission may promulgate forms for use by persons wishing to file a complaint; however, complaints which are prepared without the use of an approved form shall be deemed acceptable under this chapter so long as the facts set forth under § 26-7A(1) can be clearly determined from the document submitted as a complaint. Complaints received without the use of an approved form shall include the verification referred to above in Subsection A(1).
(5)
The Commission may provide for a process by which persons seeking
to file a complaint may consult with a volunteer who is trained to
assist the prospective complainant in discerning the facts relevant
to the prospective complaint. Such process shall also include referral
of additional information to the prospective complainant concerning
the content of this chapter, the content of the Pennsylvania Human
Relations Act, and the availability of the Pennsylvania Human Relations
Commission as an additional or alternative venue within which the
prospective complainant may seek redress when possible.
(6)
If the procedures adopted by the Commission provide that the Chairperson
shall assign an investigator or a mediator or send the notices referred
to in this section, the Chairperson shall not take any further steps
or have any contact with the parties until the commencement of the
public hearing, if any.
B.
Notifications and answer.
(1)
Within 30 days of receipt of a complaint, the Commission shall:
(a)
Send a copy of the complaint to the person or persons charged
with an unlawful practice (individually or together the "respondent"),
together with a copy of this chapter.
(b)
Send a notice to the person or persons filing the complaint
(individually or together the "complainant"), informing him, her or
them that the complaint has been accepted and processed by the Commission.
If the complaint alleges discrimination on a basis proscribed under
federal or state law, the notice shall also inform the complainant
of their right to file a complaint with the Pennsylvania Human Relations
Commission or the Federal Equal Employment Opportunity Commission
as well as the U.S. Department of Housing and Urban Development, where
applicable.
(c)
The Commission shall notify the Pennsylvania Human Relations
Commission of the filing of any complaint that may be deemed to be
within the jurisdiction of that Commission, as required under the
Pennsylvania Human Relations Act.
(d)
The Commission shall also include a notice to both the complainant
and the respondent of their option to elect to proceed to voluntary
mediation in order to resolve the matters giving rise to the complaint.
(2)
The respondent shall file with the Township Manager a written verified
answer to the complaint within 30 days of service of the complaint
by the Commission. An answer shall be filed in the same manner as
a complaint. The answer shall be conveyed by the Township Manager
to the Chairperson of the Commission within 10 days of its receipt
by the Township Manager. The Commission shall promptly send a copy
of the answer to the complainant.
C.
Mediation.
(1)
After the answer has been received or if no answer has been received
within 30 days of service of the complaint:
(a)
The Commission shall, within 15 days, invite the parties to
participate voluntarily in the mediation of their dispute. The parties
shall respond to the invitation to mediate within 15 days of being
invited to mediate. Mediation shall be conducted in accordance with
procedures and within the time limits adopted by the Commission.
(b)
If mediation is elected by the parties, the parties may jointly
select a mediator, in which case they shall be jointly responsible
for all financial costs and expenses associated with mediation and
may allocate the costs of mediation as they agree. If the parties
do not jointly select a mediator, or agree to allocation of costs
pursuant to procedures adopted by the Commission, the Chairperson
of the Commission shall select a mediator, who may be either a member
of the Commission or a volunteer unless either party withdraws from
the mediation process.
(c)
The parties shall notify the Commission as to whether the mediation
successfully resolved the complaint. Mediation proceedings shall otherwise
be confidential. Neither the results thereof nor any record made in
connection therewith shall be made public unless agreed to in writing
by both parties to the dispute.
(d)
Dismissal of the complaint following mediation.
[1]
If the mediation has successfully resolved the complaint, the
Commission shall promptly notify the parties that it has dismissed
the complaint, reserving the right to reactivate the complaint if
there is noncompliance with the agreement.
[2]
If the mediation has not successfully resolved the complaint,
and if the complaint alleges a violation of this chapter which is
also proscribed under the Pennsylvania Human Relations Act, the Commission
shall notify the parties that the complaint has been dismissed and
refer the complaint to the Pennsylvania Human Relations Commission
for further proceedings, provided that the complaint has been filed
with the Pennsylvania Human Relations Commission.
(2)
If the mediation has not successfully resolved the complaint or if
a party has not participated in mediation, and only if the complaint
alleges a violation of this chapter which is not otherwise proscribed
under the Pennsylvania Human Relations Act and over which the Pennsylvania
Human Relations Commission does not have jurisdiction, the Commission
shall proceed as follows:
(a)
Investigation. The Commission shall, in a timely fashion, investigate
the allegations of an unlawful practice set forth in the complaint
by designating an investigator, who may be a member of the Commission.
The Commission may, in the conduct of such investigation and upon
review, issue subpoenas to any person charged with an unlawful practice,
or any person believed by the Commission to have information relevant
to the complaint, commanding such person to furnish information, records
or other documents, as necessary to assist in the Commission's
investigation.
(b)
Finding of no cause. If it shall be determined after the Commission's
investigation that there is no probable cause for the allegations
of the complaint, the Commission shall cause to be issued and served
upon the parties written notice of such determination and dismissal
of the complaint. This notice shall inform the person aggrieved that
he/she has the right to pursue the matter in court.
(c)
Conciliation. If the Commission, after investigation, determines
that probable cause exists for the allegations of the complaint, the
Commission shall immediately endeavor to eliminate the unlawful practice
complained of by persuasion, conference and conciliation. If it determines
that conciliation may be a useful approach, the Commission shall designate
one of its members as a conciliator, who shall undertake conciliation
following approved procedures of the Commission.
(d)
Public hearing.
[1]
If the Commission finds it is not possible to eliminate the
unlawful practice by persuasion, conference and conciliation, the
Commission shall cause to be issued and served a written notice scheduling
a public hearing before the Commission at a time and place to be specified
in such notice.
[2]
The Commission may designate one or more of its members to preside at such public hearing. Except as set forth below in this Subsection C(2)(d)[2], all Commission members shall be invited to sit on and hear such public hearing, and no public hearing shall be held unless a quorum of the Commission hears all of the evidence. A quorum of the Commission shall consist of no fewer than five members unless otherwise agreed to by complainant and respondent. Any Commission member who acted as a mediator, investigator or conciliator shall not participate in such public hearing except as a witness to present the results of the investigation. Any Commission member with a conflict of interest shall not participate in such public hearing except as a witness.
[3]
At the public hearing, both the complainant and the respondent
shall be given the opportunity to appear, with or without counsel,
to provide sworn testimony and submit evidence. Formal rules of evidence
shall not apply, but irrelevant or unduly repetitious evidence may
be excluded by the Commission in its discretion. In addition, both
the complainant and the respondent may introduce the testimony of
additional witnesses and may submit documentary evidence. All witnesses
are subject to cross-examination by the parties to the hearing.
[4]
A court reporter shall make a formal record of the proceedings. The cost of transcription shall be equally split between the respondent and the complainant. The Commission may award to a prevailing party the cost of transcription as a reasonable out-of-pocket expense in accordance with § 26-11 hereof and Section 9(f)(1) of the Pennsylvania Human Relations Act cited therein.[1]
[1]
Editor's Note: See 43 P.S. § 959(f)(1).
[5]
The Commission shall keep records, in the custody of the Township
Manager, of its prior decisions and, together with judicial decisions
decided under the Pennsylvania Human Relations Act, shall use and
rely upon such decisions for their precedential value.
[6]
The Chairperson of the Commission, and in his or her absence
the Vice Chairperson, shall have the authority to issue subpoenas,
rule on evidence and regulate the course of the hearing.
[7]
The transcript of testimony and exhibits, together with the
complaint and any written response, shall constitute the exclusive
record for decision. Ex parte contacts with the members of the Commission,
except those members of the Commission participating in mediation,
conciliation or investigation, are prohibited.
(e)
Findings and award. If upon all the evidence at the hearing
the Commission shall find by a vote of a simple majority of the members
at the hearing that a respondent has engaged in or is engaging in
any unlawful practice, the Commission shall state its findings of
fact and shall issue and cause to be served on such respondent a written
decision and order requiring such respondent to cease and desist from
such unlawful practice and to take such affirmative action, including,
but not limited to, hiring, reinstatement or upgrading of employees
(with or without back pay), admission or restoration to membership
in any respondent labor organization, the making of reasonable accommodations,
and/or selling or leasing specified housing accommodations or publicly
offered commercial property upon such equal terms and conditions as
was available to other persons at the time of the unlawful practice.
(f)
Finding of no discrimination. If upon all the evidence the Commission
by such majority shall find that a respondent has not engaged in any
unlawful practice, the Commission shall state its findings of fact
and shall issue and cause to be served on the parties a written decision
and order dismissing the complaint as to such respondent.
(g)
Appeal. Any final order of the Commission may be appealed to
the Court of Common Pleas of Montgomery County within 60 days of the
date of issuance of that order as provided by law for a de novo hearing.
(h)
Enforcement. When the Commission has heard and decided any complaint brought before it, and the nonprevailing party has failed to comply with or appeal such final order within the 60 days in Subsection C(2)(g) above, enforcement of the order may be initiated by the prevailing party by the filing of a petition in the Court of Common Pleas of Montgomery County, together with a transcript of the record of the hearing before the Commission, and issuance and service of a copy of said petition as in proceedings in equity.
Nothing in this chapter shall be construed to affect any suit
or proceedings in any Court, any rights acquired or liability incurred,
any permit issued, or any cause or causes of action existing under
the Township's Code of Ordinances prior to the adoption of this
amendment.
Nothing contained in this chapter shall be deemed to limit the
right of an aggrieved person to recover under any other applicable
law or legal theory.
This chapter shall have no jurisdiction over 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.
A.
Any person who shall be found by the Commission to have committed
any unlawful practice may be subjected by the Commission to the penalties
and remedies enumerated in Sections 9(f)(1 and 2) (f.1) and (f.2),
9.2, 9.3, 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this chapter shall be reviewed
by the Board of Commissioners following each future change and amendment
to the Pennsylvania Human Relations Act as adopted by the General
Assembly and approved by the Governor on an amendment-by-amendment
basis.
[1]
Editor's Note: See 43 P.S. §§ 959(f)(1)
and (2), (f.1) and (f.3), 959.2, 959.3, 960 and 961.
B.
This chapter extends the protections of the Pennsylvania Human Relations
Act to include actual or perceived sexual orientation, gender identity
and gender expression.
C.
All penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in this chapter.
