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(1) The Philadelphia Commission on Human Relations (the "Commission") shall administer and enforce this Chapter. The Commission is authorized to issue regulations in furtherance of its administration and enforcement authority.
(2) Each violation of this Chapter shall constitute a "Class III" offense and any person who violates this Chapter shall be subject to a fine as set forth in subsection 1-109(3).
(3) Any person injured by a violation of this Chapter may report such violation to the Commission. In order to exercise the private right of action provided under Section 9-3508 of this Chapter, a person must first report the violation to the Commission within 300 calendar days of the unlawful act. In addition to the penalties authorized by subsection 9-3506(2), the Commission may issue an order directing an employer who has engaged in practices made unlawful by this Chapter to take affirmative action to redress the harms suffered by the complainant. The Commission may order remedies, including, but not limited to:
(a) An order requiring the respondent to cease and desist such unlawful practice;
(b) Any injunctive or other equitable relief;
(c) Payment of compensatory damages;
(d) Payment of punitive damages, not to exceed two thousand dollars ($2,000) per violation;
(e) Payment of reasonable attorneys' fees.
Notes
1302 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. |
(1) Establishment. The City Council hereby calls upon the Mayor to establish a nine (9) person committee entitled the "Fair Criminal Record Screening Advisory Committee", the purpose of which shall be to review the implementation and effectiveness of this Chapter and to make recommendations to the Mayor and City Council regarding this Chapter.
(2) Members. The Committee shall be composed of nine (9) members, (5) appointed by the Mayor and (4) appointed by City Council, provided that at least two appointees shall be people with criminal records, no more than four (4) appointees shall be members of the business community and at least one appointee must be appointed to represent the office of Inspector General and one appointee must be appointed to represent the Mayor's Office of Re-Integration Services ( R.I.S.E.). 1303
(3) Meetings. The Committee shall meet at least quarterly. All meetings shall be open to the public and will allow for public testimony on policies or conduct relating to this Chapter.
Notes
1303 | Amended, Bill No. 130769 (approved December 4, 2013). |
(1) If within one (1) year after the filing of a complaint with the Commission, the Commission concludes that it has not found sufficient evidence of a violation to proceed further with an investigation, or has not entered into a conciliation agreement to which the complainant is a party, the Commission must notify the complainant that it is dismissing the case. On receipt of such a notice, if the complainant filed the complaint within 300 days of the unlawful act, the complainant may bring an action in a court of competent jurisdiction based on the right to fair criminal record or juvenile record screening standards granted by this Chapter. 1305
(2) An action under this Section shall be filed within two years after the date of notice from the Commission closing the case. Any action so filed shall be served on the Commission at the time the complaint is filed in court. The Commission shall notify the complainant of this requirement.
(3) The court may grant any relief it deems appropriate, including the right of the complainant to recover for each violation: 1306
(a) Compensatory damages;
(b) Liquidated damages, equal to the payment of the maximum allowable salary for the job subject to the complaint for a period of one month. Total liquidated damages shall not exceed five thousand dollars ($5,000); 1307
(c) Reasonable attorneys' fees;
(d) Court costs; and
(e) Such other relief, including injunctive relief, as the court may deem appropriate.
(4) Nothing in this Chapter limits the right of an injured person to recover damages under any other applicable law or legal theory.
Notes
1304 | Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. |
1305 | Amended, Bill No. 180368 (approved June 20, 2018). |
1306 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
1307 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
Any employer subject to the terms of this Chapter shall post a summary of the Chapter requirements, in a form to be supplied by the Commission, in a conspicuous place on the employer's website and premises, where Applicants and Employees will be most likely to notice and read it.
Notes
1308 |
(1) In connection with the employment or licensing of any person, it shall be an unlawful discriminatory practice for a City agency or private employer, at any stage in the Employment Process, to take any adverse action against such person on the basis of the person's juvenile record.
(2) It shall further be an unlawful discriminatory practice for a City agency or private employer, in connection with the employment or licensing of any person, to require the person to disclose or reveal any item or information in the person's juvenile record. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain Applicants or Employees are told they need not answer the question. The inquiry prohibited by this Section 9-3510 shall include any question regarding the Applicant's or Employees's willingness to submit to a background check.
(a) Voluntary disclosure of juvenile record information by an Applicant or Employee shall not modify or waive the prohibition in subsection 9-3510(1) on taking adverse action against a person on the basis of the person's juvenile record.
Notes
1309 |