[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne 3-15-2006 by Ord. No. 1215. Amendments noted where applicable.]
A.
BOROUGH
CHAPTER
COUNCIL
DISCRIMINATION
DISCRIMINATORY ACTS
EMPLOYER
GENDER IDENTITY AND EXPRESSION
PERSON
PUBLIC ACCOMMODATIONS
SEXUAL ORIENTATION
The
following words and phrases appearing with initial capital letters
when used in this chapter shall have the meanings given to them in
this subsection.
The Borough of Lansdowne, County of Delaware, Commonwealth
of Pennsylvania.
This chapter, which shall also be known as the "Anti-Discrimination
Ordinance."
The Borough Council of the Borough of Lansdowne.
Discriminatory acts taken by any person, including but not
limited to Employers, on the basis of race, color, gender, religion,
national origin, sexual orientation, gender identity and expression,
familial status, age, veteran status, mental or physical disability,
pregnancy, use of guide or support animals and/or mechanical aids
because of blindness, deafness or other disabilities, or any other
bases prohibited by the Pennsylvania Human Relations Act.[1]
Includes any difference in treatment in hiring, referring
for hire, promoting, training, in membership, in employee or labor
organizations or with respect to compensation, hire, tenure, terms,
conditions or privileges of employment; in rendering service in places
of public accommodation; in the sale, lease, rental or financing of
housing and/or any other acts defined as "unlawful discriminatory
practices" by the Pennsylvania Human Relations Act.
Any person who employs one or more employees (exclusive of
parents, spouse or children employed solely for domestic noncommercial
purposes), including the Borough, its departments, boards and commissions,
but excluding any fraternal, sectarian, charitable or educational
group which is operated, supervised or controlled by or in connection
with a religious organization or religious group or any individuals
who as part of their employment reside in the home of their employer.
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.
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, including
but not limited to inns, taverns, roadhouses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommodation
of those seeking health-related services, recreation or restaurants
or eating houses, or any place where food is sold for consumption
on the premises, buffets, saloon barrooms or any store, park or enclosure
where spirituous or malt liquors are sold, ice cream parlors, confectioneries,
soda fountains and all stores where ice cream, ice and fruit preparations
or their derivatives, or where beverages of any kind are retailed
for consumption on the premises, drugstores, dispensaries, clinics,
hospitals, nursing homes, substance-abuse treatment or rehabilitation
programs, ambulance services, health care providers' professional
offices, bathhouses, swimming pools, barbershops, beauty parlors,
retail stores and establishments, theaters, motion-picture houses,
airdromes, roof gardens, music halls, race courses, skating rinks,
amusement and recreation parks, fairs, bowling alleys, gymnasiums,
shooting galleries, billiard and pool parlors, public libraries, kindergartens,
primarily and secondary schools, high schools, academies, colleges
and universities, extension courses and all educational institutions,
mortuaries and funeral parlors, nonsectarian cemeteries, garages and
all public conveyances operated on land or water or in the air as
well as the stations, terminals and airports, financial institutions
and all Borough facilities and services but not any accommodations
which are in their nature distinctly private.
Actual or perceived homosexuality, heterosexuality and bisexuality.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
B.
To
the extent words and phrases appearing with initial capital letters
are not expressly defined herein, such words and phrases shall have
the definitions set forth in the Pennsylvania Human Relations Act.
A.
Pursuant to Chapter 17 of the Pennsylvania Human Relations Act (43 P.S. § 962.1), there is hereby established a Human Relations Commission in and for the Borough of Lansdowne (hereinafter referred to as the "Borough Human Relations Commission").
B.
The
Borough Human Relations Commission shall consist of seven members.
The term of each of the members of the Borough Human Relations Commission
shall be for three years or until his successor is appointed and qualified,
such terms being fixed so that two members and no more than three
members shall be reappointed or replaced during any future calendar
year. No member of the Borough Human Relations Commission shall hold
any office in any political party. Members of the Borough Human Relations
Commission shall serve without salary but may be paid expenses incurred
in the performance of their duties.
[Amended 5-2-2012 by Ord. No. 1271]
C.
A
Chairperson shall be appointed by the Lansdowne Borough Council. The
Chairperson will be responsible for setting Commission meetings and
coordinating with the Lansdowne Borough Manager regarding received
complaints. The Chairperson will also prepare reports on Commission
activity for the Borough Council and report at regular Council meetings
at the Council's request.
D.
The
Council hereby grants to the Borough Human Relations Commission all
of the powers and duties now exercised by the Pennsylvania Human Relations
Commission under the Pennsylvania Human Relations Act, 43 P.S. § 951
et seq. Specifically, without limitation, the Borough Human Relations
Commission shall have the ability to receive, investigate and pass
upon complaints, and where a violation of this chapter is found to
have occurred, to issue cease and desist orders and impose such other
remedies as may be available under the Pennsylvania Human Relations
Act.
A.
Discrimination
on the basis of race, color, gender, religion, national origin, sexual
orientation, gender identity and expression, familial status, age,
veteran status, mental or physical disability, pregnancy, use of guide
or support animals and/or mechanical aids because of blindness, deafness
or other disabilities is prohibited under this chapter.
B.
Discriminatory
acts in response to the making of a charge, testifying or assisting
in any manner any investigation, proceeding or hearing under this
chapter are prohibited.
A.
Filing
a complaint. Any individual claiming to be aggrieved by an unlawful
practice may make, sign and file a verified complaint in writing which
shall state the name and address of the person or persons alleged
to have committed the unlawful practice and the particulars thereof.
Complaints must be filed with the Borough Manager's office. The
Borough Manager's office shall convey all original complaints
to the Chairperson of the Commission within 10 days.
B.
Time
period for filing complaint. Any complaint filed pursuant to this
section must be so filed within 180 days after the alleged act of
discrimination.
C.
Withdrawing
complaint. Any complaint may be withdrawn at any time by the party
filing the complaint.
D.
Preliminary
investigation:
(1)
The Commission shall send a copy of the complaint to the named respondent
within 30 days from the date of docketing the complaint. A respondent
shall file a written, verified answer to the complaint within 30 days
of service of the complaint. The Commission, upon request of the respondent,
may grant an extension of not more than 30 additional days.
(2)
The Commission shall investigate the charges of discrimination. The
Commission may issue subpoenas to any person charged with an unlawful
practice to furnish information, records or other documents, as necessary,
to assist in its investigation.
E.
Finding
of no cause and notice. 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 complainant
written notice of such determination.
F.
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.
G.
Public
hearing. If the Commission, in its discretion, finds it is not possible
to eliminate the unlawful practices by persuasion, the Commission
shall cause to be issued and served a written notice, together with
a copy of the complaint, which informs the respondent that they must
answer the charges of such complaint at a hearing before the Commission
at a time and place to be specified in such notice. 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. At the public
hearing, the case in support of the complaint shall be presented to
the Commission by the complainant or the complainant's attorney.
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.
H.
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 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.
I.
Complaint
dismissal. 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 complainant an order dismissing the said
complaint as to such respondent.
Nothing in this chapter shall limit the right of an injured
Person to recover damages under any other applicable law or legal
theory.