[Ord. No. 2018-719, 8/14/2018]
This Subpart shall be known as the "West Norriton Human Relations
Ordinance."
[Ord. No. 2018-719, 8/14/2018]
1.
The Township of West Norriton finds that it is of high public importance
to adopt appropriate legislation to ensure that all persons, regardless
of actual or perceived race, color, age, religious creed, ancestry,
sex, national origin, handicap, use of guide or support animals 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 and public
accommodation.
2.
The Board of Commissioners of West Norriton 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 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 and commercial property and public accommodation,
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.
3.
Nothing in this Subpart 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
Subpart that all persons be treated fairly and equally, and that all
persons in the Township of West Norriton shall be guaranteed fair
and equal treatment under law.
4.
This Subpart shall be deemed an exercise of the police power of the
Township of West Norriton, as provided under the Pennsylvania First
Class Township Code,[1] for the protection of the public welfare, prosperity,
health and peace of the community of West Norriton Township.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
[Ord. No. 2018-719, 8/14/2018]
1.
COMMERCIAL PROPERTY OR HOUSING
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYEE
EMPLOYER
EMPLOYMENT
GENDER IDENTITY OR EXPRESSION
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
TOWNSHIP
TOWNSHIP BOARD OF COMMISSIONERS
The following words and phrases, when appearing in this Subpart,
shall have the meanings given to them as follows:
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he is qualified.
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 or public accommodations,
on the basis of a person's actual or perceived race, color, age, religious
creed, ancestry, sex, national origin, handicap or use of guide or
support animals 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.
All acts or actions defined in the Pennsylvania Human Relations
Act[1] as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations on the basis of a person's actual or perceived race,
color, age, religious creed, ancestry, sex, national origin, handicap
or use of guide or support animals 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, though not set forth in
the Pennsylvania Human Relations Act, because of an individual's sexual
orientation, gender identity or gender expression.
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
Includes the Township, its departments, boards and commissions,
and any other governmental agency or school district thereof and any
person employing four or more persons within the Township, but, except
as hereinafter provided, does not include religious, fraternal, charitable
or sectarian corporations or associations, except such corporations
or associations supported, in whole or in part, by governmental appropriations.
The opportunity for an individual to obtain employment for
which he is qualified.
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 or are transgender or gender variant.
This Subpart, which shall be referred to as the "West Norriton
Township Human Relations 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 Township, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
The opportunity for an individual to access food, beverages
or lodging, resort or amusement which is open to, and accepts or solicits
the patronage of, the general public, but shall not include any accommodations
which are in their nature distinctly private.
Actual or perceived homosexuality, heterosexuality and/or
bisexuality.
The Township of West Norriton, Montgomery County, Pennsylvania.
The elected Township Board of Commissioners of the Township
of West Norriton, Montgomery County.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
2.
Any terms of this Subpart not expressly defined herein shall be construed
in a manner consistent with the Pennsylvania Human Relations Act.
[Ord. No. 2018-719, 8/14/2018]
1.
Discrimination in employment, housing and commercial property or
any public accommodation is prohibited under this section.
2.
Retaliation against any individual because such person has opposed
any practice forbidden by this section, or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this section is prohibited under this section.
3.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this section to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
section is prohibited under this section.
[Ord. No. 2018-719, 8/14/2018]
Nothing in this Subpart shall 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
any 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 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; nor shall it apply to rental
of rooms in a landlord-occupied rooming house with a common entrance,
nor with respect to discrimination based on sex, the advertising,
the rental or leasing of housing accommodations in a single-sex dormitory
or rooms in one's personal residence in which common living areas
are shared.
[Ord. No. 2018-719, 8/14/2018]
1.
Pursuant to the authority set forth under § 962.1 of the
Pennsylvania Human Relations Act, 43 P.S. § 962.1, there
is hereby established a Human Relations Commission for the Township
of West Norriton, which shall be known as the "West Norriton Township
Human Relations Commission."
A.
The West Norriton Township Human Relations Commission shall consist
of seven 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 terms of 1/3 of the members of the
Commission shall expire each year. All members of the Commission shall
be residents or business owners of the Township of West Norriton and
shall serve without compensation.
[Amended by Ord. No. 2018-730, 12/11/2018]
B.
The Chairperson of the Commission will designate one member as needed
to receive the complaint and conduct an intake meeting with the 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 complaints brought in front of the Commission.
C.
The Human Relations Commission shall, annually, designate one member
to serve as Chairperson of the Commission. The Chairperson shall be
responsible for coordinating the activities, meetings, and operations
of the Commission, as set forth under this section. The Chairperson
shall also report, from time to time, to the President of the Township
Board of Commissioners regarding the activities of the Commission.
D.
Members of the Commission shall, as soon after their appointment
as practical, attend such training and education seminars or sessions
as deemed necessary to acquaint themselves with the functioning of
the West Norriton Human Relations Commission under this section, as
well as the terms, conditions and provisions of the Pennsylvania Human
Relations Act,[1] 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 state
Human Relations Commission.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
E.
The West Norriton Human Relations Commission shall have all of those
powers necessary to execute the duties set forth under this section,
provided that such powers shall not exceed those exercised by the
Pennsylvania Human Relations Commission under the Pennsylvania Human
Relations Act.
F.
The West Norriton Township Human Relations 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 section, the Board of Commissioners hereby expresses
its intention that the operation of the West Norriton Township Human
Relations Commission under this section shall be supported by volunteers,
unpaid staff, and volunteer efforts and shall be as close to "zero-cost"
to the Township as reasonably feasible.
[Ord. No. 2018-719, 8/14/2018]
1.
Complaints. Any person claiming to be aggrieved by a practice which is made unlawful under this Subpart may make, sign and file a verified complaint, as provided under Subsection 2A, alleging violations of this Subpart. Such complaint shall, at a minimum, contain the following information:
A.
The name, telephone number, mailing address and e-mail (if applicable)
of the aggrieved person(s);
B.
The name, telephone number, mailing address and e-mail (if applicable)
of the person(s) alleged to have committed the prohibited practice;
C.
A concise statement of the facts, including pertinent dates, time,
locations, people, and acts involved constituting the alleged discriminatory
practice;
D.
Such other information as may be required by the Commission.
2.
Procedure.
A.
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 or the member of the Commission designated
to handle intake. 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 as untimely.
B.
The Township Manager shall transmit all complaints 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.
C.
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 section so long as the facts set forth under Subsection 1 of this section can be clearly determined from the document submitted as a complaint.
D.
The Commission may provide for a process by which persons seeking
to file a complaint may consult with a volunteer or other staff person
affiliated with the Commission 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 section,
the content of the Pennsylvania Human Relations Act,[1] and the availability of the Pennsylvania Human Relations
Commission as an additional venue within which the prospective complainant
may seek redress when possible.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
3.
Notifications and Answer. Within 30 days of receipt of a complaint,
the Commission shall:
A.
Send a copy of the complaint to the person(s) charged with a discriminatory
act or practice under this Subpart (the "respondent"), together with
a copy of this Subpart.
B.
Send a notice to the complainant, informing 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 United States 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 Human Relations
Act.
D.
The Commission shall also include a notice to both the complainant
and the respondent(s) of their option to elect to proceed to voluntary
mediation in order to resolve the matters giving rise to the complaint.
E.
The respondent(s) shall file a written verified answer to the complaint
within 30 days of service of the complaint. An answer shall be filed
in the same manner as a complaint.
4.
Procedure Following Notification and Answer.
A.
Within 30 days of receipt of an answer to a complaint, or, where
no answer is filed, within 60 days of service of the complaint upon
the respondent(s), the Commission shall proceed in accordance with
the following options:
(1)
In the event that both parties have consented to mediation, then
the Commission shall refer the matter to a recognized alternative
dispute resolution service, which same service may be provided through
Montgomery County, the Montgomery County Bar Association, or any other
professional mediation service provider, or may refer the matter to
a licensed member of the Pennsylvania bar, who may be willing to perform
service to the Commission as a volunteer mediator. Any costs or expenses
which may be associated with the mediation shall be the responsibility
of the parties. The parties shall jointly select the mediator; however,
the Commission shall retain the authority to act as the mediator in
the event the parties have agreed to mediation but cannot jointly
agree on a mediator. Mediation sessions conducted by the Commission
may proceed with a minimum of two eligible Commission members. Mediation
sessions shall remain private and not otherwise subject to public
attendance.
(a)
When mediation has resulted in an amicable resolution of the
complaint and the complaint is resolved, the Commission shall notify
the parties that the complaint has been dismissed and shall record
the result of the mediation in the notice of dismissal.
(b)
In the event the complaint has not been resolved through mediation,
the parties are entitled to proceed to the Court of Common Pleas in
Montgomery County and/or the Pennsylvania Human Relations Commission
if appropriate.
[Ord. No. 2018-719, 8/14/2018]
Nothing contained in this Subpart shall be deemed to limit the
right of an aggrieved person to recover under any other applicable
law or legal theory.
[Ord. No. 2018-719, 8/14/2018]
This Subpart shall not apply to 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.
[Ord. No. 2018-719, 8/14/2018]
1.
Any person who shall violate any provision of § 224 may
be subject by the Montgomery County Court of Common Pleas or any court
of competent jurisdiction to the penalties enumerated in §§ 9(f)(1)
and (2), 9.2, 9.3, 10 and 11 of the Pennsylvania Human Relations Act.[1] The penalties contained in this section shall mirror any
future changes to the Pennsylvania Human Relations Act[2] as adopted by the General Assembly and approved by the
Governor.
2.
This section extends the protections of the Pennsylvania Human Relations
Act to include actual or perceived sexual orientation, gender identity
or gender expression.
3.
All penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in this West
Norriton Township Human Relations Ordinance.