(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. 1029 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. 1030 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. 1031 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).
(g) Reserved. 1032
(h) Employer. 1033 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. 1034 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. 1035 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. 1035.1 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. 1037 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. 1038 The status of being single, married, separated, divorced, widowed, a Life Partner, former Life Partner or surviving Life Partner.
(t) Owner. 1039 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. 1040 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. 1040.1 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. 1041 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. 1041.1 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. 1042 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. 1043 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. 1044 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.
Notes
| 1028 | Amended, 1982 Ordinances, p. 1533; amended by adding definitions and renumbering, 1990 Ordinances, p. 822. |
| 1029 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
| 1030 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
| 1031 | 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). |
| 1032 | |
| 1033 | Amended, Bill No. 130224 (approved May 8, 2013). |
| 1034 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
| 1035 | |
| 1035.1 | Added, Bill No. 200252 (approved November 10, 2020). |
| 1036 | Added and subsequent subsections renumbered, Bill No. 970750 (approved May 19, 1998). |
| 1037 | |
| 1038 | |
| 1039 | Enrolled Bill No. 110050 numbered this as subsection (s); renumbered by Code editor to alphabetize definitions. |
| 1040 | Amended, 1967 Ordinances, p. 1328; amended, 1980 Ordinances, p. 556. |
| 1040.1 | 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. |
| 1041 | Amended, 1990 Ordinances, p. 822. |
| 1041.1 | Added, Bill No. 220664 (approved January 16, 2023). |
| 1042 | Added, 1967 Ordinances, p. 1328; amended, 1980 Ordinances, p. 556. |
| 1043 | Added, 1982 Ordinances, p. 1476; amended, Bill No. 190651 (approved October 16, 2019). |
| 1044 | Added, 1980 Ordinances, p. 556. |