Loading...
§ 9-1124. Termination of Life Partnerships.
   (1)   Either Life Partner may terminate the Life Partnership by filing a sworn Termination Statement with the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships, in the form and manner required by the agency, stating that the Life Partnership is to be terminated. The termination shall become effective sixty (60) days from the date the Termination Statement is filed, if it is signed by both Life Partners. If it is not signed by both Life Partners, the Termination Statement shall become effective sixty (60) days from the date proof is filed with the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships that a copy of the Termination Statement was served, either personally or by certified or registered mail, on the other Life Partner. 1135
   (2)   Automatic Termination of Life Partnership. A Life Partnership shall terminate automatically when any member dies or enters into a marriage with another person that is recognized in the Commonwealth of Pennsylvania. 1136

 

Notes

1135
   Amended, Bill No. 230005 (became law September 14, 2023).
1136
   Added, Bill No. 130224 (approved May 8, 2013).
§ 9-1125. Duties with Respect to the Administration of Life Partnerships. 1137
   (1)   The Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall advise all applicants that Life Partnership does not provide the protections afforded by marriage, and shall make such forms and information available to applicants as the agency deems appropriate on issues that may include, but are not limited to, adoption, medical treatment, and end-of-life decisions, advance health care directives, living wills, durable health care powers of attorney, appointment of a health care agent, guardian designations, and wills; provided that the agency shall not provide legal advice or services.
   (2)   The Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall review each Verification Statement and, no later than 30 days after receipt of such statement, notify the persons submitting the statement whether the Verification Statement has been accepted or rejected. If the agency has accepted the Verification Statement, it shall provide the Life Partners with an official document confirming their status as verified Life Partners. If the agency rejects the Verification Statement, it shall provide an explanation of the reason for that action, and an explanation of the steps required to cure any deficiencies in the Statement.
   (3)   The Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships may, by regulation, establish and collect from applicants submitting a Verification Statement a reasonable fee to defray the costs of administering the provisions of this Chapter with respect to Life Partnerships. The agency may reduce or waive the fee upon a showing of financial hardship.

 

Notes

1137
   Added, Bill No. 130224 (approved May 8, 2013); Caption and Section amended, Bill No. 230005 (became law September 14, 2023).
§ 9-1126. Life Partnerships – Responsibilities of Others. 1138
   (1)   Health Care Providers.
      (a)   Health care providers shall allow a patient's Life Partner, and the children of such Life Partner, visitation rights consistent with 42 C.F.R. § 482.13(h). The dependent, foster, or adopted child of the patient's Life Partner shall have the same visitation rights that a child of the patient would have.
      (b)   In the event that the patient is incapacitated, the Life Partner of the patient shall have the same authority to make health care decisions that a spouse of the patient would have.
      (c)   If a provider does not require spouses of patients to prove their spousal status, then the provider shall not require Life Partners to prove Life Partner status. If such proof is required, then the provider may accept as proof any evidence of the Life Partnership the provider deems acceptable, provided that the provider shall accept a copy of the official document issued by the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships pursuant to subsection 9-1125(2) confirming Life Partner status. 1139
   (2)   Funeral Providers. The Verification Statement designed by the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall include an optional section in which a Life Partner may designate the other Life Partner as the person authorized to determine the final disposition of the first Life Partner's remains. Funeral providers shall treat such a designation as the authorization required by 20 Pa. C.S. § 305 ("Right to dispose of a decedent's remains"). In designing this section of the Verification Statement, the Commission or such other agency with respect to which the Commission has an agreement to administer Life Partnerships shall ensure that the section complies with all requirements of state law as to form and verification.  1140
   (3)   Visitation Rights in City Prison Facilities. The Prison system shall permit the minor child of an inmate to visit such inmate when accompanied by the inmates' Life Partner on the same basis and same conditions as if the minor child were accompanied by the inmate's spouse. Proof of Life Partnership in the form of a copy of the Verification Statement may be required.
   (4)   Notification of Family Members. Whenever a City official or employee is directed or authorized to notify "family members" or "next of kin", on behalf of an injured person, such official or employee shall attempt to determine whether the person has a Life Partner and, if so, the official or employee shall include that Life Partner among those notified. The Managing Director or such other official as the Mayor shall designate, shall take steps to ensure that City employees are aware of this responsibility.

 

Notes

1138
   Added, Bill No. 130224 (approved May 8, 2013).
1139
   Amended, Bill No. 230005 (became law September 14, 2023).
1140
   Amended, Bill No. 230005 (became law September 14, 2023).
§ 9-1127. Gender Neutrality in City Forms. 1141
   (1)   Effective one year after the effective date of this Ordinance, all new forms issued by any City department, board, or commission shall not include requests for gender-specific identification. Such forms shall include, for example, the term "Parent/Legal Guardian" instead of "Mother" or "Father". Where it is necessary to request the gender of a person, an option shall be provided for that person to select the option "self-identify" for the person's gender in addition to the options of "male" and "female".
   (2)   Exceptions. Gender neutrality pursuant to subsection (1) shall not be required for a particular form if the Commission or City Solicitor certifies and advises the Department of Records in writing that any of the following circumstances exists:
      (a)   gender-specific information will further the ability of the requesting agency to perform its responsibilities;
      (b)   state or federal law requires the use of gender-specific information;
      (c)   eligibility for funding depends upon the use of gender-specific information;
      (d)   the Commission has determined that, for a reason not listed above, gender-specific data is required, in which case the Commission shall specify the reason for this exception.

 

Notes

1141
   Added, Bill No. 130224 (approved May 8, 2013).
§ 9-1128. Unlawful Employment Practices Based Upon Reproductive Health Autonomy, Pregnancy, Childbirth and Related Medical Conditions. 1142
   (1)   It shall be an unlawful employment practice for an employer to fail to provide reasonable accommodations to an employee for needs related to reproductive health autonomy, pregnancy, childbirth, or a related medical condition, provided (i) the employee requests such accommodations and (ii) such accommodations will not cause an undue hardship to the employer.  1143
      (a)   For purposes of this Section 9-1128, "reasonable accommodation" shall mean an accommodation that can be made by an employer in the workplace that will allow the employee to perform the essential functions of the job. Reasonable accommodations include, but are not limited to, restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring.
   (2)   Undue Hardship. The employer shall have the burden of proving undue hardship. For purposes of this Section 9-1128, factors to be considered in making a determination of undue hardship shall include, but not be limited to the following:
      (a)   The nature and cost of the accommodations;
      (b)   The overall financial resources of the employer's facility or facilities involved in the provision of the reasonable accommodations, including the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodations upon the operation of the employer;
      (c)   The overall financial resources of the employer, including the size of the employer with respect to the number of its employees and the number, type and location of its facilities; and
      (d)   The type of operation or operations of the employer, including the composition, structure and functions of the workforce, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.
   (3)   Affirmative Defense. In any case where the need for reasonable accommodations under this Section is placed in issue, it shall be an affirmative defense that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodations, satisfy the requisites of the job.
   (4)   Notice of Rights. The employer shall provide written notice, in a form and manner to be determined by the Commission, of the right to be free from discrimination in relation to reproductive health status autonomy, pregnancy, childbirth, and related medical conditions and the right to reasonable accommodations related to reproductive health autonomy, pregnancy, childbirth, and related medical conditions under this Section, to all new and existing employees. Such notice may also be posted conspicuously at an employer's place of business in an area accessible to employees.  1144
   (5)   Education. The Commission is authorized to develop courses of instruction and conduct ongoing public education, as necessary, to inform employers, employees, employment agencies and job applicants about their rights and responsibilities under this Section.
   (6)   Relationship to Other Laws. Nothing in the ordinance adding this sentence to the Code, nor any provision of this Section, shall be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way diminish the coverage of reproductive health autonomy, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under any other provision of law, including the scope of sex discrimination otherwise prohibited by this Chapter 9-1100.  1145

 

Notes

1142
   Added, Bill No. 130687 (approved January 20, 2014); caption amended, Bill No. 220664 (approved January 16, 2023).
1143
   Amended, Bill No. 220664 (approved January 16, 2023).
1144
   Amended, Bill No. 220664 (approved January 16, 2023).
1145
   Amended, Bill No. 220664 (approved January 16, 2023).
§ 9-1129. Severability. 1146
   (1)   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.

 

Notes

1146
   Added, 1967 Ordinances, p. 1332; renumbered, Bill No. 130224 (approved May 8, 2013); renumbered, Bill No. 130687 (approved January 20, 2014).
§ 9-1130. Unlawful Credit Screening Practices in Employment. 1147
   (1)   Except as provided in subsection (2), it shall be an unlawful discriminatory practice for an employer to procure, to seek a person's cooperation or consent to procure, or to use credit information regarding an employee or applicant in connection with hiring, discharge, tenure, promotion, discipline or consideration of any other term, condition or privilege of employment with respect to such employee or applicant.
   (2)   Subsection (1) shall not apply:
      (a)   reserved; 1148
      (b)   to the City of Philadelphia with respect to efforts to obtain information regarding taxes or other debts owed to the City;
      (c)   if such information must be obtained pursuant to state or federal law;
      (d)   if the job requires an employee to be bonded under City, state, or federal law;
      (e)   if the job is supervisory or managerial in nature and involves setting the direction or policies of a business or a division, unit or similar part of a business;
      (f)   if the job involves significant financial responsibility to the employer, including the authority to make payments, transfer money, collect debts, or enter into contracts, but not including handling transactions in a retail setting;
      (g)   if the job requires access to financial information pertaining to customers, other employees, or the employer, other than information customarily provided in a retail transaction; or
      (h)   if the job requires access to confidential or proprietary information that derives substantial value from secrecy.
   (3)   An employer that intends to take an adverse employment action with respect to any person, based in whole or in part on credit information, shall, pursuant to 15 U.S.C. § 1681b(b)(3), provide such person, before taking any adverse action, with a written copy of the information relied, the right to obtain and dispute such information, and such other information as may be required by law. 1149

 

Notes

1147
   Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016.
1148
   Amended, Bill No. 200413 (approved January 20, 2021).
1149
   Amended, Bill No. 200614 (approved January 20, 2021).
§ 9-1131. Wage Equity. 1150
   (1)   Findings. The City Council of the City of Philadelphia finds that:
      (a)   In Pennsylvania, women are paid 79 cents for every dollar a man makes, according to a United States Census Bureau 2015 report. Women of color are paid even less. African American women are paid only sixty-eight cents ($0.68) to the dollar paid to a man, Latinas are paid only fifty-six cents ($0.56) to the dollar paid to men, and Asian women are paid eighty-one cents ($0.81) to the dollar paid to men.
      (b)   The gender wage gap has narrowed by less than one-half a penny per year in the United States since 1963, when the Congress passed the Equal Pay Act, the first law aimed at prohibiting gender-based pay discrimination, according to the National Committee on Pay Equity.
      (c)   In August of 2016, Massachusetts became the first state to enact a law prohibiting employers from seeking or requiring a prospective employee's wage history.
      (d)   Since women are paid on average lower wages than men, basing wages upon a worker's wage at a previous job only serves to perpetuate gender wage inequalities and leave families with less money to spend on food, housing, and other essential goods and services.
      (e)   Salary offers should be based upon the job responsibilities of the position sought and not based upon the prior wages earned by the applicant.
   (2)   Prohibition on Inquiries into Wage History.
      (a)   It is an unlawful employment practice for an employer, employment agency, or employee or agent thereof:
         (.1)   To inquire about a prospective employee's wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history, or retaliate against a prospective employee for failing to comply with any wage history inquiry or for otherwise opposing any act made unlawful by this Chapter.
         (.2)   To rely on the wage history of a prospective employee from any current or former employer of the individual in determining the wages for such individual at any stage in the employment process, including the negotiation or drafting of any employment contract, unless such applicant knowingly and willingly disclosed his or her wage history to the employer, employment agency, employee or agent thereof.
      (b)   This subsection (2) shall not apply to any actions taken by an employer, employment agency, or employee or agent thereof, pursuant to any federal, state or local law that specifically authorizes the disclosure or verification of wage history for employment purposes.
      (c)   For purposes of this Section 9-1131, "to inquire" shall mean to ask a job applicant in writing or otherwise, and "wages" shall mean all earnings of an employee, regardless of whether determined on time, task, piece, commission or other method of calculation and including fringe benefits, wage supplements, or other compensation whether payable by the employer from employer funds or from amounts withheld from the employee's pay by the employer.

 

Notes

1150
   Added, Bill No. 160840 (approved January 23, 2017), effective May 23, 2017.
§ 9-1132. Cashless Retail Prohibition. 1151
   (1)   A person selling or offering for sale consumer goods or services at retail is prohibited from refusing to accept cash as a form of payment to purchase goods or services. A person selling or offering for sale goods or services at retail shall not:
      (a)   Refuse to accept cash as a form of payment;
      (b)   Post signs on the premises that cash payment is not accepted;
      (c)   Charge a higher price to customers who pay cash than they would pay using any other form of payment.
   (2)   For purposes of this Section 9-1132, "at retail" shall include any retail transaction conducted in person and shall exclude:
      (a)   any telephone, mail, or internet transactions;
      (b)   parking lots and parking garages;
      (c)   transactions at wholesale clubs that sell consumer goods and services through a membership model;
      (d)   transactions at retail stores selling consumer goods exclusively through a membership model that requires payment by means of an affiliated mobile device application;
      (e)   transactions for the rental of consumers goods, services, or accommodations for which posting of collateral or security is typically required;
      (f)   consumer goods or services provided exclusively to employees and others authorized to be on the employer's premises; and  1152
      (g)   member transactions at fitness centers, including payment of membership fees.  1153
   (3)   Violations of this Section shall be subject to penalties set forth in subsection 9-1121(1).
   (4)   The Commission is authorized to promulgate and issue such regulations as are necessary or appropriate to implement the provisions of this Section.

 

Notes

1151
   Added, Bill No. 180943 (approved February 27, 2019), effective July 1, 2019.
1152
   Amended, Bill No. 230152 (approved June 7, 2023).
1153
   Added, Bill No. 230152 (approved June 7, 2023).
Loading...