630.01 Application of chapter.
630.02 Definitions.
630.03 Commission of Human Relations.
630.04 Unlawful discriminatory practices.
630.05 Violations.
630.06 Complaint procedure; hearings.
630.07 Enforcement by County Court of Common Pleas.
630.99 Penalty.
CROSS REFERENCES
Ethnic intimidation - see Crimes Code § 2710
Discrimination on account of uniform - see Crimes Code § 7323
Parking for handicapped persons - see TRAF. 482.06
Affirmative action - see ADM. 294.09
Discrimination on account of guide dog - see GEN. OFF. 614.03
Labor disputes - see GEN. OFF. Ch. 642
This chapter applies to discriminatory practices in employment, contracted for, performed or to be performed within the City, and to housing accommodations and places of public accommodation, resort, recreation and amusement located within the City.
(Ord. 4174. Passed 1-23-80.)
Unless the context clearly indicates otherwise, as used in this chapter:
(a) "Commercial housing" means housing accommodations held or offered for sale or rent by a real estate broker, salesman or agent, or by any other person pursuant to authorization of the owner, or by the owner himself or herself, or by legal representatives, but shall not include any personal residence offered for rent by the owner or lessee thereof or by his or her broker, salesman, agent or employee.
(b) "Commission" means the Commission of Human Relations.
(c) "Discriminate" and "discrimination" mean any difference in treatment based on race, color, religion, ancestry, sex, national origin or place of birth.
(c) "Employee" does not include any individual employed in agriculture or in the domestic service of any person, any individual who, as a part of his or her employment, resides in the personal residence of the employer, or any individual employed by such individual's parents, spouse or child.
(d) "Employer" means any person who employs four or more persons within the City, including the City, but, except as hereinafter provided, not including religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported in whole or in part by governmental appropriations. "Employer," with respect to discriminatory practices based on race, color, age, sex or national origin, includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons within the City.
(e) "Employment" does not include the employment of individuals in domestic service.
(f) "Employment agency" means any person regularly undertaking, with or without compensation, to procure, recruit, refer or place employees.
(g) "Housing accommodation" means a building, structure or portion thereof which is used or occupied, or is intended, arranged or designed to be used or occupied, as a home, residence or sleeping place by a person, by a family or by a group of persons living together, or a parcel of real property or a lot available for the construction of a housing accommodation.
(h) "Labor organization" means any organization which exists for the purpose, in whole or in part, of collective bargaining or dealing with employers concerning grievances and terms or conditions of employment, or of other mutual aid or protection in relation to employment.
(i) "Lending institution" means any bank, insurance company, savings and loan association or person regularly engaged in the business of lending money or guaranteeing loans.
(j) "Owner" means the owner, co-owner, lessee, sublessee, mortgagee, assignee, manager, agent or other person having an equitable or security interest in any housing accommodation, including the City.
(k) "Person" means any individual, partnership, corporation, labor organization or other organization or association, including one acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. "Person," as applied to partnerships or other organizations or associations, includes their members, and as applied to corporations, includes their officers.
(l) "Personal residence" means a building or structure containing living quarters occupied or intended to be occupied by not 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 or herself and any members of his or her family forming his or her household.
(m) "Public accommodation, resort, recreation or amusement" means any place, business or activity which is open to, accepts or solicits the patronage of the general public or offers goods, services or recreation to the general public.
(n) "Real estate broker" means any natural person, partnership, corporation or other association which, for a fee or other valuable consideration, manages, sells, purchases, exchanges, rents or negotiates, or offers or attempts to negotiate, the sale, purchase, exchange or rental of the real property of another, or holds himself or herself or itself out as engaged in the business of managing, selling, purchasing, exchanging or renting the real property of another, or collects rent for the use of the real property of another, and includes real estate salesmen or agents or any person employed by a real estate broker to perform or to assist in the performance of his or her business.
(Ord. 4174. Passed 1-23-80.)
(a) There is hereby established a Commission of Human Relations to administer, implement and enforce this chapter.
(b) The Commission shall consist of seven members to be appointed by Council.
When the term of any member has expired, Council shall appoint a replacement for a three-year term. Vacancies shall be filled by Council for any unexpired term. Each member of the Commission shall continue to serve after his or her term has expired until his or her successor has been appointed and qualified.
(c) The Commission shall elect one of its members as Chairperson and may elect such other officers as it may deem necessary. The Chairperson may, with the approval of the Commission, appoint such committees as may be necessary to carry out the powers and duties of the Commission, and the Commission may authorize such committees to take any necessary action for the Commission.
(d) The Commission shall adopt such rules and regulations for its own organization, operations and procedures as the Commission deems necessary to administer, implement and enforce this chapter.
(e) The Commission shall hold at least five monthly meetings during each calendar year. Four members of the Commission shall constitute a quorum for the transaction of business, and a majority vote of those present at any meeting shall be sufficient for any official action taken by the Commission, except that approval by a majority vote of all the members of the Commission shall be required before any public hearing may be held. Upon call of the Chairperson, a special meeting may be called for the conduct of the affairs of the Commission.
(f) Members of the Commission shall be over the age of twenty-one years, at least one of which shall be a representative of a minority group as defined by law.
(g) In the performance of its duties, the Commission may cooperate with interested residents, private agencies and agencies of the Federal, State, County and City Governments.
(h) The Commission may request other departments, boards and commissions of the City Government to assist in the performance of its duties, and such other departments, boards and commissions shall cooperate fully with the Commission.
(i) The Commission shall render from time to time a written report of its activities and recommendations to the City Manager and to Council.
(j) Members of the Commission shall serve without compensation, but they may be reimbursed for all necessary expenses incurred in the performance of their duties in accordance with appropriations made by Council.
(Ord. 4669. Passed 7-13-94.)
It shall be unlawful and a discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or by the Commonwealth:
(a) For any employer, because of the race, color, religious creed, ancestry, age, sex or national origin of any individual, to refuse to hire or employ, or to bar or discharge from employment, such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment, if the individual is the best able and most competent to perform the services required. This subsection shall not apply to terminations of employment because of the terms or conditions of any bona fide retirement or pension plan, the operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of a minimum service requirement or the operation of the terms or conditions of any bona fide group or employee insurance plan.
(b) For any employer, employment agency or labor organization, prior to employment or admission to membership, to:
(1) Elicit any information, or make or keep a record of, or use any form of application or application blank containing questions or entries concerning, the race, color, religious creed, ancestry, sex or national origin of any applicant for employment or membership;
(2) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry, age, sex or national origin;
(3) Deny or limit, through a quota system, employment or membership because of race, color, religious creed, ancestry, age, sex, national origin or place of birth; or
(4) Substantially confine or limit recruitment or hiring of individuals, with intent to circumvent the spirit and purpose of this chapter, to any employment agency, employment service, labor organization, training school, training center or other employee referring source which services individuals who are predominantly of the same race, color, religious creed, ancestry, age, sex or national origin;
(c) For any labor organization, because of the race, color, religious creed, ancestry, age, sex or national origin of any individual, to deny full and equal membership rights to any individual or otherwise to discriminate against such individual with respect to hire, tenure, terms, conditions or privileges of employment or any other matter, directly or indirectly, related to employment;
(d) For any employment agency to fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of his or her race, color, religious creed, ancestry, age, sex or national origin;
(e) For any individual seeking employment to publish or cause to be published any advertisement which specifies or in any manner expresses his or her race, color, religious creed, ancestry, age, sex or national origin, or in any manner expresses a limitation or preference as to the race, color, religious creed, ancestry, age, sex or national origin of any prospective employer;
(f) For any person to:
(1) Refuse to sell, lease, finance or otherwise deny or withhold commercial housing from any person because of the race, color, religious creed, ancestry, sex or national origin of any prospective owner, occupant or user of such commercial housing, or refuse to lease commercial housing to any person due to the use of a guide dog because of the blindness of the user;
(2) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, or otherwise withhold financing of commercial housing from any person, because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing;
(3) Discriminate against any person in the terms or conditions of selling or leasing any commercial housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any commercial housing because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing, or discriminate against any person in the terms of leasing any commercial housing or in furnishing facilities, services or privileges in connection with the occupancy or use of any commercial housing due to the use of a guide dog because of the blindness of the user;
(4) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing;
(5) Print, publish or circulate any statement or advertisement relating to the sale, lease or acquisition of any commercial housing or the loan of money, whether or not secured by mortgage, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, which statement or advertisement indicates any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry, sex or national origin, or print, publish or circulate any statement or advertisement relating to the lease of any commercial dwelling, which statement or advertisement indicates any preference, limitation, specification or discrimination based upon the use of a guide dog because of the blindness of the user;
(6) Make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning race, color, religious creed, ancestry, sex or national origin in connection with the sale or lease of any commercial housing or loan of any money, whether or not secured by mortgage, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, or make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning the use of a guide dog because of the blindness of the user, in connection with the lease of any commercial housing; or
(g) For any person, being the owner, lessor, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement to:
(1) Refuse, withhold from or deny to any person, because of his or her race, color, religious creed, ancestry, sex or national origin, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of such place of public accommodation, resort or amusement; or
(2) Publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, color, religious creed, ancestry, sex or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be of any particular race, color, religious creed, ancestry, sex or national origin is unwelcome, objectionable or not acceptable, desired or solicited.
Nothing in subsection (f) hereof 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 a 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, or from making such selection as is calculated by such organization to promote the religious principles or aims, purposes or fraternal principles for which it is established or maintained. Nor shall subsection (f) hereof apply to the rental of rooms or apartments in a landlord occupied rooming house with a common entrance.
(Ord. 4174. Passed 1-23-80.)
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