[HISTORY: Adopted by the Borough Council of the Borough of
Churchill 7-9-2018 by Ord. No.
744. Amendments noted where applicable.]
A.
In order to ensure that all persons, regardless of actual or perceived
race, color, sex, religion, ancestry, genetic information, national
origin, sexual orientation, gender identity or expression, familial
status, marital status, age, mental or physical disability, use of
guide or support animals and/or mechanical aids enjoy the full benefits
of citizenship and are afforded equal opportunities for employment,
housing and the use of public accommodations, and to have equal access
to postsecondary educational institutions, it is necessary that appropriate
legislation be enacted.
B.
It is hereby declared to be the public policy of Churchill Borough
to foster the employment of all individuals in accordance with their
fullest capacities regardless of actual or perceived race, color,
sex, religion, ancestry, genetic information, national origin, sexual
orientation, gender identity or expression, familial status, marital
status, age, veteran status, mental or physical disability, use of
guide or support animals and/or mechanical aids, and to safeguard
their right to obtain and hold employment without such discrimination,
to assure equal opportunities to all individuals and to safeguard
their rights to public accommodation and to secure housing accommodation
and commercial property without regard to actual or perceived race,
color, sex, religion, ancestry, genetic information, national origin,
sexual orientation, gender identity or expression, familial status,
marital status, age, mental or physical disability, use of guide or
support animals and/or mechanical aids, and to have equal access to
postsecondary educational institutions without regard to actual or
perceived race, color, sex, religion, ancestry, genetic information,
national origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical disability,
use of guide or support animals and/or mechanical aids.
C.
Nothing in this chapter shall be construed as supporting or advocating
any particular doctrine, position, point of view, lifestyle or religious
view. To the contrary, it is the intention of this chapter that all
persons be treated fairly and equally, and it is the express intent
of this chapter to guarantee fair and equal treatment under the law
to all people of the Borough.
D.
This chapter shall be deemed an exercise of the police power of the
Churchill Borough for the protection of the public welfare, prosperity,
health and peace of the Churchill community.
A.
BOROUGH
BOROUGH COUNCIL
DISCRIMINATION
DISCRIMINATORY ACTS
EDUCATIONAL INSTITUTION
EMPLOYEE
EMPLOYER
GENDER IDENTITY OR EXPRESSION
GENETIC INFORMATION
HOUSING
(1)
(a)
(b)
(2)
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases when used in this chapter shall have
the meanings given to them in this section:
The Borough of Churchill, County of Allegheny, Commonwealth
of Pennsylvania.
The Borough Council of Churchill Borough.
Any discriminatory act(s) taken by any person, employer,
employment agency, labor organization or public accommodation on the
basis of actual or perceived race, color, sex, religion, ancestry,
genetic information, national origin, sexual orientation, gender identity
or expression, familial status, marital status, age, mental or physical
disability, use of guide or support animals and/or mechanical aids.
All acts defined in the Pennsylvania Human Relations Act[1] as unlawful discriminatory practices. The fact that the
Pennsylvania Human Relations Act would not define a practice as unlawful
when that practice is taken on the basis of actual or perceived sexual
orientation, gender identity or expression, genetic information or
marital status shall not exempt such practice from being considered
a discriminatory act under this chapter.
Those postsecondary programs defined as educational institutions
pursuant to the Pennsylvania Fair Educational Opportunities Act, 24
P.S. § 5001 et seq.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Any person who employs one or more employees, including the
Borough, its departments, boards and commissions, and any other government
agency within its jurisdiction.
Self-perception, or perception by others, as male or female,
and shall include an individual's appearance, behavior, or physical
characteristics, that may be in accord with, or opposed to, one's
physical anatomy, chromosomal sex, or sex assigned at birth, and shall
include, but is not limited to, persons who are undergoing or have
completed sex reassignment, are transgendered or gender variant.
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.
§ 2000ff.
Includes:
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
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
mobile home site or facility.
The term "housing" 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.
This chapter, which shall also be known as the "AntiDiscrimination
Ordinance."
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Borough, its departments, boards and commissions, and other for-profit
and nonprofit organizations.
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public or offers
goods or services, including loans, to the general public or is listed
in Section (I) of the Pennsylvania Human Relations Act, 43 P.S. § 954(1),
but shall not include any accommodations which are in their nature
distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Discrimination in housing, employment, public accommodations or access
to educational institutions is prohibited under this chapter.
B.
Retaliation against any individual because such individual has opposed
any practice forbidden by this chapter, or because such individual
has made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing under this chapter, is prohibited under this
chapter.
C.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this chapter to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
chapter, is prohibited under this chapter.
A.
Notwithstanding any other provision of this chapter, it shall not
be an unlawful employment practice for a religious corporation or
association, not supported in whole or in part by governmental appropriations,
to refuse to hire or employ an individual on the basis of religion.
B.
Nothing in this chapter shall be interpreted to prohibit a religious
organization, religious denomination, or association of religious
organizations or denominations that is exempt from federal taxation
under Section 50l(c)(3) of the Internal Revenue Code, or any organization
affiliated with that religious organization, religious denomination,
or association of religious organizations or denominations, from engaging
in any conduct or activity that is required by, or that implements
or expresses its religious beliefs or tenets of faith. Nor shall anything
in this chapter be interpreted to require any such religious organization,
religious denomination, or association of religious organizations
or denominations, or any organization affiliated with that religious
organization, religious denomination, or association of religious
organizations or denominations to engage in any conduct or activity
that is prohibited by its religious beliefs or tenets of faith.
A.
Pursuant to 43 P.S. § 962.1 of the Pennsylvania Human Relations
Act, there is hereby established a Human Relations Commission in and
for Churchill Borough (hereinafter referred to as the "Churchill Human
Relations Commission" or the "Commission").
B.
The Churchill Human Relations Commission shall consist of no fewer
than three and no more than five members, who shall serve overlapping
terms of three years each. There shall be an odd number of members,
though the Commission may continue to operate with an even number
of members pending appointment of new members, if necessary. All members
of the Commission shall be appointed by the Borough Council. The Commission
may elect up to three nonvoting, ex officio members to broaden the
diversity that serves on the Commission. Members shall be residents
of the Borough or individuals who work full-time within Churchill
Borough. No voting member of the Churchill Human Relations Commission
shall hold any office in any political party. Members of the Churchill
Human Relations Commission shall serve without salary but may be paid
expenses incurred in the performance of their duties, as approved
by the Borough Council. Paid staff may be hired, as approved by the
Borough Council, to assist in the performance of the duties of the
Commission.
C.
One of the Commission's members shall be appointed as the Chairperson
of the Commission by the members of the Commission. The Chairperson
will be responsible for setting Commission meetings, coordinating
with the Churchill Borough Secretary regarding received complaints
and answers, and generally ensuring that the duties of the Commission
are fulfilled. The Chairperson may delegate responsibility for Commission
duties to specific Commissioners or to paid staff, if applicable.
D.
The Borough Council hereby grants to the Churchill Human Relations
Commission all of the powers necessary to the execution of its duties
(as set forth below), provided that those powers shall not exceed
those exercised by the Pennsylvania Human Relations Commission under
the Pennsylvania Human Relations Act.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Filing a complaint.
(1)
Any person(s) claiming to be aggrieved by an unlawful practice may
make, sign and file a verified complaint alleging violations of this
chapter, which shall include the following information:
(a)
The name and address of the aggrieved person(s);
(b)
The name and address of the person(s) alleged to have committed
the prohibited practice;
(c)
A concise statement of the facts, including pertinent dates,
constituting the alleged discriminatory practice;
(d)
If applicable, the address and a description of the dwelling
unit which is involved; and
(e)
Such other information as may be required by the Borough.
(2)
Complaints may be filed in person at the Borough offices or by mailing
such complaints to Borough offices or to the Chairperson of the Commission.
All complaints must be received by the Borough Secretary or by the
Commission within 180 days of the alleged act of discrimination to
be considered timely.
(3)
The Borough Secretary shall convey all original complaints received
by that office to the Chairperson of the Human Relations Commission
within 10 days of the office's receipt of such complaints.
B.
Notification and answer.
(1)
Within 30 days of its receipt of a complaint, the Human Relations
Commission shall:
(a)
Send a copy of the complaint to the person(s) charged with a
discriminatory practice [the "respondent(s)"]; and
(b)
Send a notice to the person(s) aggrieved, informing them that
the complaint has been received. If the complaint alleges discrimination
on a basis prescribed under federal or state law, the notice sent
to the person(s) aggrieved shall also inform them of the right to
file with the state Human Relations Commission and/or with the federal
Equal Employment Opportunity Commission.
(2)
The respondent(s) shall file a written verified answer to the complaint
within 60 days of receipt of the complaint. An answer to a complaint
may be filed in the same manner as an original complaint. If the answer
is filed at Borough offices, it shall be conveyed by the Borough Secretary
to the Chairperson of the Commission within 10 days of the Borough's
receipt thereof. The Commission shall promptly send a copy of the
answer to the person(s) aggrieved.
C.
Fact-finding conference.
(1)
After the answer has been received (or after 60 days following the
filing of the complaint if no answer is received) the Commission shall,
within 60 days, invite the parties to voluntarily participate in a
fact-finding conference concerning the dispute. The parties shall
respond to the invitation to participate in a fact-finding conference
within 30 days of being invited to participate.
(2)
If either of the parties agree to participate in a fact-finding conference, the parties shall meet with a Commission member at a location mutually agreeable to the parties within 30 days of the agreement to participate. Each party will be invited at the fact-finding conference to present evidence and documents relevant to the complaint. The fact-finding conference will not be a public event, and no record of the conference will be created, excepting the findings of fact detailed in Subsection C(3).
(3)
The parties shall notify the Commission of whether the fact-finding
conference resulted in a resolution of the complaint. In the event
the complaint is resolved, the Commission shall notify the parties
that the complaint has been dismissed. In the event the complaint
is not resolved through the fact-finding conference, then the Commissioner,
within 30 days, shall prepare findings of fact and a conclusion as
to whether the Commissioner finds probable cause that an unlawful
practice has occurred.
D.
Disposition of the complaint. Provided that the Commission has not elected under Subsection E of this section to use expanded procedures, and if the complaint is not resolved through the fact-finding conference, the Commission shall, at the second Commission meeting following the fact-finding conference, consider the findings prepared by the Commissioner who conducted the fact-finding conference. The Commission shall accept or reject the findings by public vote. The Commission shall provide the parties with the findings of fact and conclusions, shall notify the parties of the outcome of the vote, and this notice shall also indicate that the person aggrieved has a right to pursue the matter in court by filing a lawsuit.
E.
Option of the Commission to elect for expanded procedures. The Commission shall have the authority to elect to adopt expanded procedures as set forth in Subsection F of this section subject to approval by the Borough Council and appropriation of funding for such procedures. A majority of Commission members must vote in favor of adopting expanded procedures in order for such procedures to be adopted. In the event that such procedures are adopted, they must, while in effect, be applied to all complaints that are not resolved through a fact-finding conference. If the Commission has adopted expanded procedures, it may also, by majority vote and in its sole discretion, eliminate such procedures.
F.
Expanded procedures.
(1)
Dismissal or nondismissal of the complaint. If the fact-finding conference was successful in resolving the complaint, the Commission shall follow the procedures set forth in Subsection C(3) of this section for dismissing the complaint. If the fact-finding conference was not successful in resolving the complaint, the Commission shall not dismiss the complaint but shall instead undertake the procedures set out in Subsection F(2) through (7) of this section.
(2)
Investigation. The Commission shall, in a timely fashion, investigate
the allegations of discrimination set forth in the complaint. The
Commission may, in the conduct of such investigation, issue subpoenas
to any person charged with an unlawful practice to furnish information,
records or other documents, or to give sworn testimony, as necessary
to assist in its investigation.
(3)
Finding of no cause. If it shall be determined after the Commission's
investigation that there is no basis for the allegations of the complaint,
the Commission shall cause to be issued and served upon the parties
written notice of such determination. This notice shall inform the
person aggrieved that he/she has the right to pursue the matter in
court by filing a lawsuit.
(4)
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.
(5)
Public hearing.
(a)
If the Commission, in its discretion, finds it is not possible
to eliminate the unlawful practices by persuasion, conference or conciliation,
the Commission shall cause to be issued and served a written notice,
together with a copy of the complaint, which informs the respondent
that the respondent must answer the charges of such complaint at a
hearing before the Commission at a time and place to be specified
in such notice.
(b)
The Commission may designate one or more of its members to preside
at such a hearing or it may, at its election, conduct such hearing
en banc.
(c)
At the public hearing, the case in support of the complaint
shall be presented to the Commission by pro bono counsel, by Commission
staff or by the Borough Solicitor's office. The case in support
of the complaint may instead be presented by the complainant's
attorney, if the complainant is represented. Both the complainant
and the respondent may appear at the hearing with or without counsel
and provide testimony. In addition, both the complainant and the respondent
may introduce the testimony of additional witnesses and may submit
documentary evidence. The Commission and the parties shall not be
bound by the strict rules of evidence at the hearing.
(6)
Findings. If, upon all the evidence at the hearing the Commission
shall find that a respondent has engaged in or is engaging in any
unlawful discriminatory practice as defined in this chapter, the Commission
shall state its findings of fact and shall issue and cause to be served
on such respondent an order requiring such respondent to cease and
desist from such unlawful discriminatory practice and to take such
additional action as the Commission deems appropriate. The Commission
shall have the authority to order any remedies available to the Pennsylvania
Human Relations Commission under the Pennsylvania Human Relations
Act.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
(7)
Finding of no discrimination. If, upon all the evidence the Commission
shall find that a respondent has not engaged in any unlawful discriminatory
practice, the Commission shall state its findings of fact and shall
issue and cause to be served on the parties an order dismissing the
complaint as to such respondent.
A.
Any person(s) aggrieved by a violation of this chapter shall have
a right of action in the Allegheny County Court of Common Pleas or
any other court of competent jurisdiction and may recover for each
violation the following remedies:
B.
The right of action created by this chapter may be brought upon receipt
by the aggrieved person(s) of notice that the Commission has dismissed
the complaint or, if no such notice is received, after one year from
the date of the filing of the complaint. If the person aggrieved has
received notice that the Commission has dismissed the complaint, an
action under this chapter must be brought by the aggrieved person
within one year from the date of receipt of said notice or it will
be barred. Equitable principles such as waiver, estoppel and equitable
tolling shall apply to the time limitations for the filing of any
complaint or other pleading under this chapter.
C.
Nothing in this chapter limits the right of an aggrieved person to
recover under any other applicable law or legal theory.