Township of West Norriton, PA D Human Relations Commission.

§ 221 Short Title.

[Ord. No. 2018-719, 8/14/2018]

This Subpart shall be known as the "West Norriton Human Relations Ordinance."

§ 222 Purpose and Declaration of Policy.

[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.

§ 223 Definitions.

[Ord. No. 2018-719, 8/14/2018]

1. The following words and phrases, when appearing in this Subpart, shall have the meanings given to them as follows:

COMMERCIAL PROPERTY OR HOUSING

The opportunity for an individual to obtain any commercial property or housing accommodation for which he is qualified.

DISCRIMINATION

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.

DISCRIMINATORY ACTS

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.

EMPLOYEE

Does not include any individuals who, as a part of their employment, reside in the personal residence of the employer.

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.

EMPLOYMENT

The opportunity for an individual to obtain employment for which he is qualified.

GENDER IDENTITY OR EXPRESSION

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.

ORDINANCE

This Subpart, which shall be referred to as the "West Norriton Township Human Relations Ordinance."

PERSON

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.

PUBLIC ACCOMMODATION

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.

SEXUAL ORIENTATION

Actual or perceived homosexuality, heterosexuality and/or bisexuality.

TOWNSHIP

The Township of West Norriton, Montgomery County, Pennsylvania.

TOWNSHIP BOARD OF COMMISSIONERS

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.

§ 224 Unlawful Practices.

[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.

§ 225 Exceptions.

[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.

§ 226 Establishment of Human Relations Commission.

[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.

§ 227 Complaint and Procedures for Filing Complaints.

[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.

§ 228 Nonlimitation of Remedies.

[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.

§ 229 Multiple Filings.

[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.

§ 230 Penalties.

[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.

[1] Editor's Note: See, respectively, 43 P.S. §§ 959(f)(1) and (2), 959.2, 959.3, 960 and 961.

[2] Editor's Note: See 43 P.S. § 951 et seq.

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.