File of the
Council of the City of Easton, Pa.
Ordinance No. 4826 SESSION 2006 Bill No. 62
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Introduced by: Carole Heffley – June 14, 2006
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Enacted by Council - July 12, 2006
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AN
ORDINANCE: AN ORDINANCE OF THE CITY OF EASTON, COUNTY OF
NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE
CODIFIED ORDINANCES OF THE CITY OF EASTON BY ADDING A
CHAPTER
RELATING TO DISCRIMINATION IN EMPLOYMENT, HOUSING, AND
PUBLIC
ACCOMMODATION, CREATING A HUMAN RELATIONS COMMISSION,
PROHIBITING
CERTAIN PRACTICES AND PROVIDING REMEDIES FOR VIOLATIONS
BE IT
ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF EASTON,
NORTHAMPTON COUNTY, PENNSYLVANIA.
WHEREAS, equality
of all individuals is a basic tenet upon which the United
States of America was founded; and
WHEREAS, the
population of the City of Easton is reflective of the
general population of the United States of America, and
consists of people possessing a number of different
personal characteristics regarding their actual or
perceived race, color, sex, religion, ancestry, national
origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical
disability, use of guide or support animals and/or
mechanical aids; and
WHEREAS, the
City of Easton prides itself on the diversity of its
citizenry, and the harmonious relations which have been
fostered in the City by a widely practiced and recognized
attitude of tolerance and accommodation among all people
regardless of their actual or perceived race, color, sex,
religion, ancestry, national origin, sexual orientation,
gender identity or expression, familial status, marital
status, age, mental or physical disability, use of guide or
support animals and/or mechanical aids; and
WHEREAS,
the direct negative and secondary effects of discriminatory
practices involving the personal characteristics described
above in matters of employment, housing, and public
accommodation are well known and have been extensively
studied and demonstrated; and
WHEREAS,
the practice or policy of discrimination against such
individuals or groups is a matter of public concern that
threatens the rights and privileges of the inhabitants,
guests and visitors of the City and undermines the
foundations of a free democratic society; and
WHEREAS, the
City Council and Mayor of Easton desire to establish and
adopt an official policy of non-discrimination in the City
in all matters involving employment, housing and use of
public accommodations.
NOW THEREFORE, the
Council and the Mayor of the City of Easton, County of
Northampton, Commonwealth of Pennsylvania do hereby enact
and ordain to ensure all persons are protected against
discrimination on the basis of actual or perceived race,
color, sex, religion, ancestry, national origin, sexual
orientation, gender identity or expression, familial
status, marital status, age, mental or physical disability,
use of guide or support animals and/or mechanical aids and
afforded equal opportunities for employment, housing and
use of public accommodations, by providing for the
resolution of discrimination disputes at the local level in
a timely, efficient and cost-effective manner as follows:
SECTION
1. Part One, Administrative Code, of the Codified
Ordinances of the City of Easton, Pa., be and it is hereby
amended by adding Article 183, Human Relations Commission,
and the Article shall read as per Exhibit “A”
SECTION 2. All Ordinances or parts of Ordinances,
inconsistent herewith be and the same are hereby repealed.
SECTION 3. This Ordinance shall become effective 20 days
following passage by Council and approval by the Mayor.
Signed the 12th
day of
July, 2006
BY:_____________________________
President
of City Council
ATTEST:___________________________
City
Clerk
This ordinance approved this _________ day of
________________________, 2006
_________________________
Mayor
EXHIBIT “A”
Title
Eleven- Human Relations Commission
Article 183 – Human Relations Commission
___________________________________________________________________________
Article
183 – Human Relations Commission
183.01
Purpose and Declaration of Policy 183.02 Definitions
183.03 Unlawful Practices 183.04 Exception
183.05 Establishment of Human Relations 183.06 Procedures
Commission
183.07 Private Right of Action and 183.08 Severability
Non-Limitation of Remedies
_______________________________________________________________________
183.01
Purpose and Declaration of Policy
a) In
order to ensure that all persons, regardless of actual or
perceived race, color, sex, religion, ancestry, national
origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical
disability, use of guide or support animals and/or
mechanical aids enjoy the full benefits of citizenship and
are afforded equal opportunities for employment, housing
and the use of public accommodations, it is necessary that
appropriate legislation be enacted.
b) It is
hereby declared to be the public policy of the City of
Easton to foster the
employment
of all individuals in accordance with their fullest
capacities regardless of actual or perceived race, color,
sex, religion, ancestry, national origin, sexual
orientation, gender identity or expression, familial
status, marital status, age, veteran status, mental or
physical disability, use of guide or support animals and/or
mechanical aids, and to safeguard their right to obtain and
hold employment without such discrimination, to assure
equal opportunities to all individuals and to safeguard
their rights to public accommodation and to secure housing
accommodation and commercial property regardless of actual
or perceived race, color, sex, religion, ancestry, national
origin, sexual orientation, gender identity or expression,
familial status, marital status, age, mental or physical
disability, use of guide or support animals and/or
mechanical aids.
c) Nothing in this Ordinance 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 Ordinance that all persons be
treated fairly and equally, and it is the express intent of
this Ordinance to guarantee fair and equal treatment under
the law to all people of the City.
d) This
Ordinance shall be deemed an exercise of the police power
of the City
of
Easton for the protection of the public welfare,
prosperity, health and peace of the Easton community.
Section
183.02 Definitions
The
following words and phrases appearing with initial capital
letters when used in this Ordinance shall have the meanings
given to them in this subsection.
a) City - means the City of Easton, County of Northampton,
Commonwealth of
Pennsylvania.
b) City Council - means the City Council of the City of
Easton.
c)
Discrimination - means 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, national origin, sexual
orientation, gender identity or expression, familial
status, marital status, age, mental or physical disability,
use of guide or support animals and/or mechanical aids.
d)
Discriminatory Acts - means all acts defined in the
Pennsylvania Human Relations Act as Unlawful Discriminatory
Practices. 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, or
marital status shall not exempt such practice from being
considered a Discriminatory Act under this Ordinance.
e)
Gender Identity or Expression - means 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.
f)
Employee - does not include any individuals who, as a part
of their employment, reside in the personal residence of
the employer.
g)
Employer - means any Person who employs one or more
employees, including the City, its departments, boards and
commissions, and any other government agency within its
jurisdiction.
h)
Ordinance - means this Ordinance which shall also be known
as the Anti- Discrimination Ordinance.
i)
Person -means any natural person, fraternal, civic or other
membership organization,
corporation, general or limited partnership,
proprietorship, limited liability company, or
similar business organization, including the City, its
departments, boards and commissions, and other for profit
and non-profit organizations.
j)
Sexual Orientation - means actual or perceived
homosexuality, heterosexuality and/or
bisexuality.
k)
Public Accommodation - means 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(l) of the Pennsylvania Human Relations
Act, 43.P.S. § 954(l), but shall not include any
accommodations which are in their nature distinctly
private.
To
the extent words and phrases appearing in this Ordinance
are not expressly defined herein, the meaning of this
Ordinance shall be construed consistently with the
Pennsylvania Human Relations Act.
183.03
Unlawful Practices
a)
Discrimination in housing, employment or public
accommodations is prohibited under this Ordinance.
b)
Retaliation against any individual because such individual
has opposed any practice forbidden by this Ordinance, or
because such individual has made a charge, testified or
assisted in any manner in any investigation, proceeding or
hearing under this Ordinance is prohibited under this
Ordinance.
c)
Aiding, abetting, inciting, compelling or coercing the
doing of any act declared by this
Ordinance to be an unlawful practice, or obstructing or
preventing any person from complying with the provisions of
this Ordinance is prohibited under this Ordinance.
183.04
Exception
Notwithstanding
any other provision of this Ordinance, it shall not be an
unlawful employment practice for a religious corporation or
association, not supported in whole or in part by
governmental appropriations, to refuse to hire or employ an
individual on the basis of religion.
183.05
Establishment of Human Relations Commission
a)
Pursuant to § 962.1 of the Pennsylvania Human Relations
Act, there is hereby established a Human Relations
Commission in and for the City of Easton (hereinafter
referred to as the Easton Human Relations Commission or the
“Commission”).
b) The
Easton Human Relations Commission shall consist of nine (9)
members, who shall serve overlapping terms of three (3)
years each. Five (5) members of the Commission shall be
appointed by the Mayor, and four (4) members of the
Commission shall be appointed by City Council. The
Commission may elect up to six (6) non-voting, ex- officio
members to broaden the diversity that serves on the
Commission. Members shall be residents of the City, or
individuals who work full time within the City of Easton.
No member of the Easton Human Relations Commission shall
hold any office in any political party. Members of the
Easton Human Relations Commission shall serve without
salary but may be paid expenses incurred in the performance
of their duties as approved by the City Council. Paid staff
may be hired, as approved by City Council, to assist in the
performance of the duties of the Commission.
c) One
of the Commission’s members shall be appointed as the
Chairperson of the Commission by the Mayor. The Chairperson
will be responsible for setting Commission meetings,
coordinating with the Easton City Clerk regarding received
complaints and answers, and generally ensuring that the
duties of the Commission are fulfilled. The Chairperson may
delegate responsibility for Commission duties to specific
Commissioners or to paid staff, if applicable.
d) The
City Council hereby grants to the City Human Relations
Council all of the powers
necessary to the execution of its duties (as set forth
below), provided that those powers shall not exceed those
exercised by the Pennsylvania Human Relations Commission
under the Pennsylvania Human Relations Act.
183.06
Procedures
a)
Filing a Complaint. Any Person(s) claiming to be aggrieved
by an unlawful practice may
make, sign and file a verified complaint alleging
violations of this Ordinance, which shall
include the following information:
1) The name and address of the aggrieved Person(s);
2) The name and address of the Person(s) alleged to have
committed the prohibited practice;
3) A concise statement of the facts, including pertinent
dates, constituting the alleged discriminatory practice; 4)
If applicable, the address and a description of the
dwelling unit which is involved; and 5) Such other
information as may be required by the City.
Complaints may be filed in person at the City Clerk’s
office, or by mailing such complaints to the City
Clerk’s office or to the Chairperson of the Human
Relations Commission. All
complaints must be received by the City Clerk’s
office or by Human Relations Commission
within three hundred (300) days of the alleged act of
discrimination to be considered timely.
The City
Clerk's office shall convey all original complaints
received by that Office to the
Chairperson of the Human Relations Commission within ten
(10) days of the Office’s receipt of such complaints.
b) Notification and Answer. Within thirty (30) days of its
receipt of a Complaint, the Human Relations Commission
shall:
1) send a copy of the complaint to the Person(s) charged
with a
discriminatory practice (the “Respondent(s)”);
and
2) send a notice to the Person(s) aggrieved, informing them
that their complaint has been received. If the complaint
alleges discrimination on a basis prescribed under federal
or state law, the notice sent to the Person(s) aggrieved
shall
also inform them of their right to file with the state
Human Relations Commission and/or with the federal Equal
Employment Opportunity Commission.
The
Respondent(s) shall file a written verified answer to the
complaint within sixty (60) days of their receipt of the
complaint. An answer to a complaint may be filed in the
same manner as an original complaint. If the answer is
filed with the City Clerk’s office, it shall be
conveyed by the City Clerk to the Chairperson of the Human
Relations Commission within ten (10) days of the City
Clerk’s office’s receipt thereof. The
Commission shall promptly send a copy of the answer to the
Person(s) aggrieved.
c)
Mediation. After the answer has been received, the
Commission shall, within sixty (60) days, invite the
parties to voluntarily participate in the mediation of
their dispute. The parties shall respond to the invitation
to mediate within thirty (30) days of being invited to
mediate their dispute.
If mediation is elected by the parties, the parties may
jointly select a mediation service, in which case the
parties shall be financially responsible for all costs and
expenses associated with mediation. If the parties do not
jointly select a mediator, the Commission shall select a
mediator, who may be a member of the Commission, a
volunteer from the community, or a contracted mediation
service.
The parties shall notify the Commission of whether the
mediation was successful in resolving the complaint.
Mediation proceedings shall otherwise be confidential and
shall not be made public unless agreed to in writing by
both parties to the dispute.
d)
Dismissal of the Complaint. Provided the Commission has not
elected under subsection e) of this Section to use expanded
procedures, the Commission shall, following the mediation,
promptly notify the parties that they have dismissed the
complaint. If the complaint was not resolved through
mediation, this notice shall also indicate that the Person
aggrieved has a right to pursue the matter in court by
filing a lawsuit.
e)
Option of the Commission to Elect for Expanded Procedures.
The Commission shall have the authority, to elect to adopt
expanded procedures, as set forth in subsections
f) – l) of this Section subject to approval by City
Council and appropriation of funding for such procedures. A
majority of Commission members must vote in favor of
adopting expanded procedures in order for such procedures
to be adopted. In the event that such procedures are
adopted, they must, while in effect, be applied to all
complaints that are not resolved through mediation. If the
Commission has adopted expanded procedures it may also by
majority vote, and in its sole discretion, eliminate such
procedures.
f)
Expanded Procedures: Dismissal or Non-Dismissal of the
Complaint. If mediation was
successful in resolving the complaint, the Commission shall
follow the procedures set forth in subsection d) of this
Section for dismissing the complaint. If mediation was not
successful in resolving the complaint, the Commission shall
not dismiss the complaint, but shall instead undertake the
procedures set out in subsections g) – l) of this
Section.
g)
Expanded Procedures: Investigation. The Commission shall,
in a timely fashion, investigate
the allegations of discrimination set forth in the
complaint. The Commission may, in the
conduct of such investigation, issue subpoenas to any
person charged with an unlawful
practice to furnish information, records or other
documents, as necessary to assist in its
investigation.
h)
Expanded Procedures: Finding of No Cause.
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 parties written notice of such
determination. This notice shall inform the Person
aggrieved that they have the right to pursue the matter in
court by filing a lawsuit.
i) Expanded Procedures: 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.
j)
Expanded Procedures: 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 pro bono counsel, by Commission staff or by
the City Solicitor’s Office. The case in support of
the complaint may instead be presented by the complainant's
attorney, if the complainant is represented. 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.
k)
Expanded Procedures: 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 act,
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
additional 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.
l)
Expanded Procedures: Finding of No Discrimination. 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 parties an order
dismissing the complaint as to such respondent.
183.07
Private Right of Action and Non-Limitation of Remedies
a) Any
Person(s) aggrieved by a violation of this Ordinance shall
have a right of action in the Northampton Court of Common
Pleas or any other court of competent jurisdiction, and may
recover for each violation the following remedies: 1) Back
pay, front pay and other actual damages; 2) Emotional
distress damages; 3) Exemplary damages; 4) Reasonable
attorney’s fees and court costs; and 5) Such other
relief, including injunctive relief, as the court may deem
appropriate.
b) The right of action created by this Ordinance may be
brought: 1) upon receipt by the
aggrieved Person(s) of notice that the Commission has
dismissed the complaint; or 2) if no
such notice is received, after one (1) year from the date
of the filing of the complaint. If the
Person aggrieved has received notice that the Commission
has dismissed the complaint, an action under this Ordinance
must be brought by the aggrieved Person within one (1) year
from the date of receipt of said notice or it will be
barred. Equitable principles such as waiver, estoppel and
equitable tolling shall apply to the time limitations for
the filing of any complaint or other pleading under this
Ordinance.
c)
Nothing in this Ordinance limits the right of an aggrieved
Person to recover under any other applicable law or legal
theory.
Article
183.08 Severability
If any clause, sentence, paragraph or part of this
Ordinance, or the application thereof to any person or
circumstance, shall for any reason be adjudged by a court
of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of
this Ordinance nor the application of such clause,
sentence, paragraph or part to other persons or
circumstances but shall be confined in its operation to the
clause, sentence, paragraph or part thereof and to the
persons or circumstances directly involved in the
controversy in which such judgment shall have been
rendered. It is hereby declared to be the legislative
intent that this Ordinance would have been adopted had such
provisions not been included or such persons or
circumstances been expressly excluded from their coverage.