(1) The Council finds that:
(a) The population of the City consists of people of every race, ethnicity, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, age, disability, marital status, and familial status. Many of these people are discriminated against in employment opportunities, public accommodations and obtaining adequate housing facilities. There are also members of the City population who are discriminated against based on their sources of income, as a result of their genetic information, reproductive health autonomy, because they are victims of domestic or sexual violence, or need reasonable accommodations in the workplace related to pregnancy, childbirth, or a related medical condition. 1074
(b) Discrimination in employment has and will prevent the gainful employment of large segments of the citizens of the City and tends to create breaches of the peace and impose added burdens upon the public for relief and welfare.
(c) Discrimination in housing results in overcrowded, segregated areas, under substandard, unsafe, unsanitary conditions.
(d) Discrimination in places of public accommodation causes embarrassment and inconvenience to citizens and visitors of the City, creates breaches of the peace, and is otherwise detrimental to the welfare and economic growth of the City.
(e) In order to assure that all persons regardless of race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), reproductive health autonomy, sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information and domestic or sexual violence victim status enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing and use of public accommodation facilities, it is necessary that appropriate legislation be enacted. 1075
Notes
| 1074 | |
| 1075 |
(1) For purposes of this Chapter the following terms shall have the following meanings:
(a) Age. For the purpose of employment, any duration of time since an individual's birth of greater than forty years.
(a.1) Applicant. 1077 Any person considered for, or who requests to be considered for, employment by an employer.
(b) Commercial Property. Any building, structure, facility, or land, or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied for the purpose of operating a business, an office, a factory or any public accommodation; and any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.
(c) Commission. The Philadelphia Commission on Human Relations.
(c.1) Credit Information. 1078 Any written, oral, or other communication of information regarding a person's: debt; credit worthiness, standing, capacity, score or history; payment history; charged-off debts; bank account balances or other information; or bankruptcies, judgments, liens, or items under collection.
(d) Disability. With respect to an individual, a physical or mental impairment that substantially limits one or more of his or her major life activities, a record of such an impairment, or being regarded as having such an impairment.
(e) Discrimination. 1079 Any direct or indirect practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, differentiation or preference in the treatment of a person on the basis of actual or perceived race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), reproductive health autonomy, sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information or domestic or sexual violence victim status, or other act or practice made unlawful under this Chapter or under the nondiscrimination laws of the United States or the Commonwealth of Pennsylvania. Discrimination on the basis of race shall include discrimination based on characteristics commonly associated with race, including hairstyles.
(f) Domestic or Sexual Violence Victim Status. The status of being subjected to acts of domestic violence, sexual assault or stalking as defined by Section 9-3201 of this Code (relating to entitlement to leave due to domestic violence, sexual assault or stalking) or to any conduct enumerated in 18 Pa. C.S. §§ 3121 (relating to rape), 4302 (relating to incest), 6312 (relating to sexual abuse of children), 6318 (relating to unlawful contact with minor), 6320 (relating to sexual exploitation of children), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault) or 3126 (relating to indecent assault).
(h) Employer. 1081 Any person who does business in the City of Philadelphia through employees or who employs one or more employees exclusive of parents, spouse, Life Partner or children, including any public agency or authority; any agency, authority or other instrumentality of the Commonwealth; and the City, its departments, boards and commissions.
(i) Employment Agency. Any person regularly undertaking with or without compensation to procure opportunities to work or to procure, recruit, refer or place employees.
(j) Familial Status. When used in this Chapter in all contexts other than housing, the state of being or becoming a provider of care or support to a family member. Family member shall include the individual's spouse, Life Partner, parents, grandparents, siblings, or in-laws; and children, grandchildren, nieces, or nephews (including through adoption or other dependent or custodial relationship). With respect to housing, one or more individuals who have not attained the age of 21 years being domiciled with: (.1) a parent or other person having legal custody of such individual or individuals; or (.2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(j.1) Financial Institution. 1082 Any bank, savings and loan association, credit union, trust company, insurance or surety company, bank holding company, financial holding company, investment advisor, broker-dealer, entity registered with the U.S. Securities and Exchange Commission, or any subsidiary or affiliate thereof.
(k) Gender Identity. 1083 An individual's internal sense of gender, or one's gender as perceived by others, that may or may not align with one's physical anatomy, chromosomal sex, or sex assigned at birth. Examples include, but are not limited to, man, woman, non-binary, genderfluid, and agender.
(l) Genetic Information. With respect to an individual, information about such individual's Genetic Tests, the Genetic Tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
(m) Genetic Test. An analysis of DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations or chromosomal changes.
(m.1) Hairstyles. 1084 Hair texture and styles of hair of any length, such as protective or cultural hairstyles, natural hairstyles, and other forms of hair presentation.
(n) Housing Accommodation. Any building, structure 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, and any vacant land offered for sale or lease or held for the purpose of constructing or locating thereon any such building, structure or portion thereof.
(o) Labor Organization. Any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment or of other mutual aid or protection in relation to employment.
(p) Lending Institution. Any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money or guaranteeing loans.
(r) Life Partnership. 1086 A long-term committed relationship between two unmarried individuals who: (.1) are residents of the City of Philadelphia; or one of whom is employed in the City, owns real property in the City, owns and operates a business in the City, or is a recipient of or has a vested interest in employee benefits from the City of Philadelphia; (.2) are at least 18 years old and competent to contract; (.3) are not related to each other by blood in any way which would prohibit marriage in the Commonwealth of Pennsylvania; (.4) have no other Life Partner but the other person; (.5) have not been a member of a different Life Partnership for the past three months unless the prior Life Partnership ended as a result of the death of the other Life Partner; (.6) agree to share the common necessities of life and to be responsible for each other’s common welfare; (.7) share at least one residence with the other Life Partner; and (.8) agree under penalty of law to notify the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships of any change in the status of the Life Partnership.
(s) Marital Status. 1087 The status of being single, married, separated, divorced, widowed, a Life Partner, former Life Partner or surviving Life Partner.
(t) Owner. 1088 Shall include lessee, sublessee, assignee, manager, agent, or any other person having the right of ownership or possession or the authority to sell, rent, or lease any housing accommodation, commercial property or other real property, including any public agency or authority, any agency, authority or other instrumentality of the Commonwealth; and the City, its departments, boards and commissions.
(u) Person. As set forth in subsection 1-103(1)(g) of this Code, an individual, partnership, corporation, or association, including those acting in a fiduciary or representative capacity whether appointed by a court or otherwise.
(v) Personal Residence. 1089 A building or structure, occupied by the owner thereof as a bona fide residence for himself or herself and any member of his or her family forming his or her household, containing living quarters occupied or intended to be occupied by either no more than two individuals, two groups or two families living independently of each other, or no more than three inhabitants of a rooming house living independently of each other in addition to the owner thereof and any of his or her family forming his or her household.
(v.1) Protective or Cultural Hairstyles. 1090 Including, but not limited to, braids, cornrows, locs, Bantu knots, Afros, and twists, whether or not hair extensions are used to create any such style, and whether or not hair is adorned by hair ornaments, such as ribbon, headwraps, beads or barrettes.
(w) Public Accommodation. 1091 Any place, provider or public conveyance, whether licensed or not, which solicits or accepts the patronage or trade of the public or whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public; including all facilities of and services provided by any public agency or authority; any agency, authority or other instrumentality of the Commonwealth; and the City, its departments, boards and commissions.
(x) Real Property. Any land, building, dwelling, or leasehold, or interest in any of them; or any unit or interest in a condominium, real estate cooperative, or planned community.
(x.1) Reproductive Health Autonomy. 1092 The state of having used, using or intending to use a particular medicine or device, medical service or procedure, practice or similar interventions related to the human reproductive system, including, but not limited to, the use or intended use of fertility-related medical procedures or medicines; sexually transmitted disease prevention, testing, or treatment; or family planning services and counseling, such as those related to birth control medication or supplies, other contraception methods, sterilization procedures, pregnancy testing, or the intended or actual initiation or termination of a pregnancy.
(y) Rooming House. A building containing rooming units arranged or occupied for lodging, with or without meals, and not occupied as a one-family dwelling or a two-family dwelling.
(z) Rooming Unit. 1093 Any room or group of rooms which together form a single habitable unit occupied or intended to be occupied by an individual or family for living or sleeping, but not for cooking purposes.
(aa) Sexual Orientation. 1094 An individual's romantic, physical, sexual, or emotional attraction to others, or a lack of attraction to others, by preference, practice, or as perceived by others. Examples include, but are not limited to, heterosexual, bisexual, gay, lesbian, and pansexual.
(bb) Solicit. In connection with housing accommodation, commercial property or other real property, to mail or deliver any printed matter to the owner or occupant of such property by any real estate broker or agent or representative of any such broker or agent or to make any oral communication either in person or by telephone to the owner or occupant of such property by any real estate broker or agent which advertises the accomplishments or abilities of the real estate broker or agent to sell or rent property, which requests or suggests that the owner list his or her property for sale or rent with the real estate broker or agent, or which offers to purchase or rent the owner's property.
(cc) Source of Income. 1095 Shall include any lawful source of income, and shall include, but not be limited to, earned income, child support, alimony, insurance and pension proceeds; all forms of public assistance, including Temporary Assistance for Needy Families; and housing assistance programs, including but not limited to the Housing Choice Voucher (sometimes referred to as “Section 8”) Program and other comparable rental voucher programs.
Notes
| 1076 | Amended, 1982 Ordinances, p. 1533; amended by adding definitions and renumbering, 1990 Ordinances, p. 822. |
| 1077 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
| 1078 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
| 1079 | Amended, 1972 Ordinances, p. 687; amended, 1980 Ordinances, p. 556; amended, 1982 Ordinances, p. 1476; amended, Bill No. 010719 (approved May 29, 2002); amended, Bill No. 130687 (approved January 20, 2014); amended, Bill No. 200252 (approved November 10, 2020); amended, Bill No. 220664 (approved January 16, 2023). |
| 1080 | |
| 1081 | Amended, Bill No. 130224 (approved May 8, 2013). |
| 1082 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
| 1083 | |
| 1084 | Added, Bill No. 200252 (approved November 10, 2020). |
| 1085 | Added and subsequent subsections renumbered, Bill No. 970750 (approved May 19, 1998). |
| 1086 | |
| 1087 | |
| 1088 | Enrolled Bill No. 110050 numbered this as subsection (s); renumbered by Code editor to alphabetize definitions. |
| 1089 | Amended, 1967 Ordinances, p. 1328; amended, 1980 Ordinances, p. 556. |
| 1090 | Added, Bill No. 200252 (approved November 10, 2020). Enrolled bill numbered this as (w.1); renumbered by Code editor to maintain alphabetical order of defined terms. |
| 1091 | Amended, 1990 Ordinances, p. 822. |
| 1092 | Added, Bill No. 220664 (approved January 16, 2023). |
| 1093 | Added, 1967 Ordinances, p. 1328; amended, 1980 Ordinances, p. 556. |
| 1094 | Added, 1982 Ordinances, p. 1476; amended, Bill No. 190651 (approved October 16, 2019). |
| 1095 | Added, 1980 Ordinances, p. 556; amended, Bill No. 240060 (approved September 4, 2024), effective December 4, 2024. |
(1) It shall be an unlawful employment practice to deny or interfere with the employment opportunities of an individual based upon such individual's race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), reproductive health autonomy, sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, familial status, genetic information, or domestic or sexual violence victim status, including, but not limited to, the following: 1097
(a) For any employer to refuse to hire, discharge, or otherwise discriminate against any individual, with respect to tenure, promotions, terms, conditions or privileges of employment or with respect to any matter directly or indirectly related to employment.
(b) For any employment agency to fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual.
(c) For any labor organization to discriminate against any individual or to limit, segregate or classify its membership in any way which would deprive such individual of employment opportunities, limit his or her employment opportunities or otherwise adversely affect his or her status as an employee or as an applicant for employment or adversely affect his or her wages, hours or conditions of employment.
(d) For any employer, employment agency or labor organization to establish, announce or follow a formal or informal policy of denying or limiting, through a quota system or otherwise, the employment or membership opportunities of any individual or group.
(e) For any employer, employment agency or labor organization prior to employment or admission to membership to cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, or specification constituting discrimination under this Chapter.
(f) For any employer, employment agency or labor organization to violate any provision of Chapter 9-3200 of this Code, entitled "Entitlement To Leave Due To Domestic Violence, Sexual Assault, or Stalking". 1098
(g) For any person to harass, threaten, harm, damage, or otherwise penalize, retaliate or discriminate in any manner against any person because he, she or it has complied with the provisions of this Chapter, exercised his, her or its rights under this Chapter, enjoyed the benefits of this Chapter, or made a charge, testified or assisted in any manner in any investigation, proceeding or hearing hereunder. 1099
(h) For any person to aid, abet, incite, induce, compel or coerce the doing of any unlawful employment practice or to obstruct or prevent any person from complying with the provisions of this Section or any order issued hereunder or to attempt directly or indirectly to commit any act declared by this Section to be an unlawful employment practice. 1100
(i) For any person subject to this Section or Section 9-1131 (relating to Wage Equity) to fail to post and exhibit prominently, in any place of business where employment is carried on, any fair practices notice prepared and made available by the Commission, which the Commission has designated for posting. 1101
(j) For any employer to fail to permit employees to dress consistently in accordance with their gender identity. 1102
(k) For any employer to fail, upon the request of an individual to change that individual's name or gender on any forms or records under the control of that employer, to make such changes to the extent permitted by law. 1103
(m) For any employer to fail to reasonably accommodate an individual's need to express breast milk. 1105
(.1) Reasonable accommodations include providing unpaid break time or allowing an employee to use paid break, mealtime, or both, to express milk and providing a private, sanitary space that is not a bathroom where an employee can express breast milk, so long as these requirements do not impose an undue hardship (as defined in subsection 9-1128(2)) on an employer.
Notes
| 1096 | Amended, 1972 Ordinances, p. 687; amended, 1982 Ordinances, p. 1476; amended, 1982 Ordinances, p. 1533; amended, Bill No. 970750 (approved May 19, 1998); amended, Bill No. 010719 (approved May 29, 2002). |
| 1097 | |
| 1098 | |
| 1099 | Renumbered, Bill No. 080468-A (approved November 5, 2008), effective January 4, 2009. |
| 1100 | Renumbered, Bill No. 080468-A (approved November 5, 2008), effective January 4, 2009. |
| 1101 | Amended, Bill No. 160840 (approved January 23, 2017), effective May 23, 2017. |
| 1102 | Added, Bill No. 130224 (approved May 8, 2013). |
| 1103 | Added, Bill No. 130224 (approved May 8, 2013). |
| 1104 | |
| 1105 | Added, Bill No. 130922 (approved September 3, 2014). |
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