[Adopted 3-28-2017 by Ord. No. 890 (Ch. 1, Part 3D, of the 1990 Borough
Code of Ordinances)]
This article shall be
known as the "Royersford Borough Human Relations Ordinance."
A.
Royersford Borough finds that it is of high public importance to
adopt appropriate legislation to insure that all persons, regardless
of actual or perceived race, color, religious creed, ancestry, sex,
national origin, age, handicap, use of guide, support or comfort animals
because of blindness, deafness or physical handicap of the user, or
the user is a handler or trainer of guide, support or comfort 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.
B.
The Borough Council of Royersford Borough hereby declares it to be
the public policy of the Borough to foster equality and equal opportunity
for all citizens, regardless of actual or perceived race, color, religious
creed, ancestry, sex, national origin, age, handicap or use of guide,
support or comfort animals because of blindness, deafness or physical
handicap of the user, or because the user is a handler or trainer
of guide, support or comfort 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.
C.
Nothing in this article 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
article that all persons be treated fairly and equally, and that all
persons in Royersford Borough shall be guaranteed fair and equal treatment
under law.
D.
This article shall be deemed an exercise of the police power of Royersford
Borough, as provided under the Pennsylvania Borough Code[1] and as set forth in the Royersford Borough Code, for the
protection of the public welfare, prosperity, health and peace of
the community of Royersford Borough.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
A.
BOROUGH
BOROUGH COUNCIL
COMMERCIAL PROPERTY OR HOUSING
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYEE
EMPLOYER
EMPLOYMENT
GENDER IDENTITY OR EXPRESSION
GENETIC INFORMATION
ORDINANCE
PERSON
PUBLIC ACCOMMODATION
SEXUAL ORIENTATION
The following words and phrases, when appearing in this article,
shall have the meanings given to them under this section.
The Borough of Royersford, Montgomery County, Commonwealth
of Pennsylvania.
The Council of the Borough of Royersford, Montgomery County.
The opportunity for an individual to obtain any commercial
property or housing accommodation for which he/she 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, religious
creed, ancestry, sex, national origin, age, handicap or use of guide,
support or comfort animals because of blindness, deafness or physical
handicap of the user or because the user is a handler or trainer of
guide, support or comfort 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, actual or perceived race, color, religious creed,
ancestry, sex, national origin, age, handicap or use of guide, support
or comfort animals because of blindness, deafness or physical handicap
of the user, or because the user is a handler or trainer of guide,
support or comfort animals, or 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.
Any person who employs four or more employees, including
the Borough, its departments, boards and commissions, and any other
government agency within the jurisdiction of the Borough, save those
of any government agency whose laws may be deemed preemptive of this
article.
The opportunity for an individual to obtain employment for
which he/she 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 who are transgender or gender-variant.
That information which is defined as genetic information
in the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.A.
§ 2000ff.
This article, which shall be referred to as the "Royersford
Borough 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 Borough, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
The opportunity for an individual to access food, beverages,
lodging, resort or amusement which is open to, 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.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
A.
Discrimination in employment, housing and commercial property or
any public accommodation is prohibited under this article.
B.
Retaliation against any individual because such person has opposed
any practice forbidden by this article, or because such person has
made a charge, testified, or assisted in any manner in any investigation
or proceeding under this article, is prohibited under this article.
C.
Aiding, abetting, inciting, compelling or coercing the doing of any
act declared by this article to be an unlawful practice, or obstructing
or preventing any person from complying with the provisions of this
article, is prohibited under this article.
Notwithstanding any other provision of this article, it shall not be an unlawful practice for a religious corporation or association to commit any of the acts as defined in § 19-25 of this article.
A.
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 Borough
of Royersford, which shall be known as the "Royersford Borough Human
Relations Commission."
B.
The Royersford Borough Human Relations Commission shall consist of
four members: three regular members and one alternate member, who
shall be appointed to terms of three years by Borough Council. 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 Borough of Royersford and shall serve without compensation.
C.
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 he/she or she handled
the intake, nor shall this member vote on complaints brought in front
of the Commission.
D.
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 article. The Chairperson
shall also report, from time to time, to the President of Borough
Council regarding the activities of the Commission.
E.
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 Royersford Borough Human Relations Commission under this article,
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 state
Human Relations Commission.
F.
The Royersford Borough Human Relations Commission shall have all
of those powers necessary to execute the duties set forth under this
article, provided that such powers shall not exceed those exercised
by the Pennsylvania Human Relations Commission under the Pennsylvania
Human Relations Act.
G.
The Royersford Borough Human Relations Commission shall operate within
the scope of funds which may be allocated on an annual basis by Borough
Council and shall not exceed the annual allocation in any year, except
upon prior approval by Borough Council. In adopting this article,
Borough Council hereby expresses its intention that the operation
of the Royersford Borough Human Relations Commission under this article
shall be supported by volunteers, unpaid staff, and volunteer efforts
and shall be as close to "zero-cost" to the Borough as reasonably
feasible.
A.
Complaints.
(1)
Any person claiming to be aggrieved by a practice which is made unlawful under this article may make, sign and file a verified complaint, as provided under Subsection B of this section, alleging violations of this article. 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)
Complaints may be filed in person at the office of the Borough Manager,
or by mailing such complaints to the Borough offices, to the attention
of the Borough Manager or the member of the Commission designated
to handle intake. All such complaints must be received by the Borough
within 90 days of the occurrence of the last act giving rise to the
complaint or such complaint shall be dismissed as untimely.
(3)
The Borough Manager shall transmit all complaints received to the
Chairperson of the Commission not later than 10 days from receipt
of the complaint. The Borough Manager shall conspicuously mark the
face of the complaint with the date the document was first received
in the Borough 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 article so long as the facts set forth under Subsection A of this section can be clearly determined from the document submitted as a complaint.
(5)
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 article,
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.
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(s) charged with a
discriminatory act or practice under this article (the "respondent"),
together with a copy of this article.
(b)
Send a notice to the complainant, informing him/her or her 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 his
or her 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.
(2)
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.
C.
Mediation.
(1)
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:
(a)
In the event that both parties have consented to mediation, under Subsection B(1)(d) of this section, 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.
(2)
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.
(3)
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.
Nothing contained in this article shall be deemed to limit the
right of an aggrieved person to recover under any other applicable
law or legal theory.
This article 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.
Any person who shall violate any provision of § 344
of this article may be subject by the Montgomery County Court of Common
Pleas or any court of competent jurisdiction to the penalties enumerated
in Section 9(f)(1) and (2), 9.2, 9.3, 10 and 11 of the Pennsylvania
Human Relations Act.[1] The penalties contained in this article shall mirror any
future changes to the Pennsylvania Human Relations Act as adopted
by the General Assembly and approved by the Governor.
A.
This article extends the protections of the Pennsylvania Human Relations
Act to include actual or perceived sexual orientation, gender identity
or gender expression.
B.
All penalties included in the Pennsylvania Human Relations Act shall
be extended to include all protected classes enumerated in the Royersford
Borough Human Relations Ordinance.
[1]
Editor's Note: See, respectively, 43 P.S. §§ 959(f)(1)
and (2), 959.2, 959.3, 960 and 961.