[HISTORY: Adopted by the Borough Council of the Borough of
Bridgeport 7-19-2022 by Ord. No. 2022-002, approved 7-19-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 40,
Human Relations, adopted 4-24-2018 by Ord. No. 2018-022, approved
4-24-2018.
A.
The Borough of Bridgeport finds it necessary to enact appropriate
legislation in order to ensure that all persons within the Borough,
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, veteran status, or the use of guide or support animals
and/or mechanical aids (hereinafter collectively "characteristics"),
enjoy the full benefits of citizenship and are afforded equal opportunities
for employment, commercial property, housing, and the use of public
accommodations, and to have equal access to postsecondary educational
institutions.
B.
It is hereby declared to be the public policy of Bridgeport Borough
to foster the employment of all individuals in accordance with their
fullest capacities regardless of their actual or perceived characteristics,
and to safeguard their right to obtain and hold employment without
such discrimination, to assure equal opportunities to all such individuals
and to safeguard their rights to public accommodation and to secure
housing accommodation and commercial property without regard to their
actual or perceived characteristics, and to have equal access to postsecondary
educational institutions without regard to their actual or perceived
characteristics.
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 Bridgeport
Borough for the protection of the public welfare, prosperity, health,
and peace of the Bridgeport community.
To the extent words and phrases appearing in this chapter are
not expressly defined herein, the meaning of the words and phrases
in this chapter shall be construed consistently with the Pennsylvania
Human Relations Act.[1] The following words and phrases. when used in this chapter,
shall have the following meanings:
The Borough of Bridgeport, County of Montgomery, Commonwealth
of Pennsylvania.
The Borough Council of the Bridgeport 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, veteran status, or use of guide or support animals and/or
mechanical aids.
Include, but are not limited to, all acts defined in the
Pennsylvania Human Relations Act, Title VII of the Civil Rights Act
of 1991, the Age Discrimination in Employment Act[2] and/or any other federal law addressing discrimination
based on any protected characteristic protected by this chapter, or
any acts of discrimination regardless of whether such actions would
otherwise be lawful under state or federal law. 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, veteran
status, 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.
A person who is hired for a wage, salary, fee, or payment
to perform work for an employer on a regular basis. A person will
be deemed to be an employee if such person regularly performs services
for the employer for compensation and the employer controls what work
will be done by the person and how it will be done. The term 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,
or lack thereof, 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 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.
The term 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 publicly offered for sale or lease 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.
This chapter, which shall also be known as the "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 other for-profit
and nonprofit organizations.
A building or structure containing living quarters occupied
or intended to be occupied by no more than two individuals, two groups
or two families living independently of each other and used by the
owner or lessee thereof as a bona fide residence for himself and any
members of his family forming his household.
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 4(1) 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.
A.
Discrimination in housing, employment, commercial property, public
accommodations, or access to postsecondary 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.
Notwithstanding any other provision of this chapter, the following
shall not be considered unlawful under this chapter, or shall otherwise
not apply:
A.
Employment practices for a religious corporation, organization, or
association, not supported in whole or in part by governmental appropriations,
in refusing to hire, house, employ, or otherwise accommodate an individual
on the basis of such religious organization's established and
demonstrated religious principles or beliefs.
B.
Selections or preferences by a religious institution, denomination,
or organization, or any charitable or educational organization which
is operated or controlled by a religious organization, given to a
member of that same religious organization when determined by such
organization to promote the established and demonstrated religious
principles or beliefs of the organization.
C.
Selections or preferences by any bona fide private or fraternal organization
given to a member of that same private or fraternal organization when
determined by such organization to promote the aims, purposes, or
fraternal principles for which the organization is established or
maintained.
D.
Enforcement of a dress code or grooming which is reasonably related
to the business or profession being conducted, provided that:
(1)
Such dress code or grooming is not a subterfuge for discriminatory
purposes;
(2)
The employer reasonably accommodates the bona fide religious practices
or disability of an employee; or
(3)
The enforcement of a dress code or grooming does not have a disparate
impact on employees with a characteristic protected by this chapter.
E.
The advertising, rental, or leasing of housing accommodations in
a single-sex dormitory.
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 Bridgeport Borough (hereinafter referred to as the "Bridgeport
Human Relations Commission" or the "Commission").
B.
The Bridgeport Human Relations Commission shall consist of three
members and one alternate member who shall serve terms of five years
each. At all times there shall be an odd number of members. All members
of the Commission shall be appointed by the Borough Council and shall
be residents of the Borough. Members of the Commission shall serve
without salary but may be paid expenses incurred in the performance
of their duties, as approved by Borough Council. Each member, when
initially appointed, will have a term of three, four, or five years.
The terms will be arranged in such a manner that all future terms
will be in five-year increments, with one member of the Commission
up for appointment each year.
C.
One of the Commission's members shall be appointed as the Chairperson
of the Commission by Borough Council. The Chairperson will be responsible
for setting Commission meetings, coordinating with the Borough Manager
regarding complaints and answers received, and generally ensuring
that the duties of the Commission are fulfilled. The Chairperson may
delegate responsibility for Commission duties to specific members
of the Commission.
D.
Borough Council hereby grants to the Commission all of the powers
necessary to execute its duties, as established in this chapter.
E.
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 review and approval
of Borough Council.
F.
A member of the Commission shall hold office until his or her successor
has been appointed by Borough Council. However, a member of the Commission
may be removed at any time, with or without cause, by a majority vote
of Borough Council.
G.
If a vacancy shall occur by reason of the death, disqualification,
resignation, or removal of a member, a successor shall be appointed
by Borough Council to fill the remainder of the unexpired term.
H.
The Commission shall keep a full record of its business and shall
no less than annually make a written report of its activities, if
any, to Borough Council. Interim reports may be made as often as may
be necessary or as requested by Borough Council. In addition to written
reports, and upon request of Borough Council, the Commission shall
send a representative to attend a Council/Committee meeting in order
to present on any matters so requested.
A.
Filing a complaint.
(1)
Any person(s) claiming to be aggrieved by an unlawful practice, as
set forth above, may submit a signed, verified, written, and completed
complaint alleging violations of this chapter. The written complaint
shall include the following information:
(a)
The name, address and contact information of the aggrieved person(s);
(b)
The name and address, and contact information of the person(s)
alleged to have committed the prohibited practice;
(c)
A concise statement of the facts substantiating the complaint,
including pertinent dates, locations, and persons involved;
(d)
If applicable, the address and a description of the public accommodation,
dwelling, commercial property, or housing accommodation which is involved;
and
(e)
Such other information as may be required by the Borough.
(2)
Completed written complaints must be delivered to the Borough office
to the attention of the Borough Manager. All completed complaints
must be received by the Borough office within 180 days of the alleged
act of discrimination to be considered timely.
(3)
The Borough Manager shall record the date and time the written complaint
was delivered to the Borough office and shall convey the complaint
received to the Chairperson of the Commission within 10 workdays of
the office's receipt of the completed, written complaint. The
Borough Manager shall return to the submitter any complaints deemed
incomplete or not in technical compliance with this section, along
with an explanation for the rejection.
(4)
The Borough office 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 requirements of this section can be clearly
determined from the document submitted.
B.
Notification and answer.
(1)
Within 30 days of its receipt of a complaint from the Borough Manager,
the Human Relations Commission shall determine if it has jurisdiction
hereunder to hear the complaint. If the Commission determines that
it does not have such jurisdiction, it shall dismiss the complaint
and notify the allegedly aggrieved party. If the Commission determines
it has jurisdiction to hear the complaint, it shall proceed to:
(2)
If the respondent wishes to address the complaint, the respondent
shall file a written verified answer to the complaint within 30 days
of receipt of the complaint. An answer to a complaint may be filed
in the same manner as an original complaint or submitted to the Chairperson
of the Commission. If the answer is filed with the Borough office,
it shall be conveyed by the Borough Manager to the Chairperson of
the Commission within 10 workdays of the Borough office's receipt
thereof. The Commission shall promptly send a copy of the answer to
the person(s) allegedly aggrieved.
C.
Mediation.
(1)
Mediation conference. If an answer to the complaint has been received,
or 10 days following the deadline to answer the complaint if no answer
was received, the Commission shall invite the parties to voluntarily
participate in a mediation conference concerning the dispute. The
parties shall respond to the invitation to participate in a mediation
conference within 15 days of being invited to participate.
(2)
Conference procedures. 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 approved procedures of the Commission, the Chairperson
of the Commission shall select a mediator, who may be either a member
of the Commission or a volunteer from the community. The parties shall
meet with the mediator at a location mutually agreeable to the parties
within 30 days of the agreement to participate in the mediation. 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.
(3)
Conciliation. The mediator shall notify the Commission of whether
the mediation conference resulted in a resolution of the complaint
within 10 days from the date of such resolution or, alternatively,
10 days from the date that the mediator determines that mediation
will not be possible. In the event the complaint is resolved through
the mediation, the Commission shall notify the parties that the complaint
has been dismissed.
D.
Disposition of the complaint. If the complaint is not resolved through
the mediation conference, the Commission shall notify the complainant
that the complainant may pursue any available remedy under law or
equity, including, but not limited to, pursuing the matter in court
or pursuing any available claims under the Pennsylvania Human Relations
Commission and/or the federal Equal Employment Opportunity Commission.
E.
Failure of complainant to respond or cooperate with investigation.
Failure of the complainant to respond to the Commission's inquiries
in a timely manner, attend a scheduled mediation conference, or otherwise
participate or cooperate with any of the Commission's proceedings
or investigation shall result in a dismissal of the complaint, with
notice being provided to both parties by the Commission of such dismissal
and the reasons therefor.
Having exhausted the administrative remedies set forth herein,
an aggrieved person shall have the right to pursue any rights or causes
of action at law or in equity to which such person may be entitled.
Nothing in this chapter limits the right of an aggrieved person to
recover under any other applicable law or legal theory.
