Borough Of Dormont: Borough Of Dormont Council Approves Anti-Discrimination Ordinance

Press release from the Borough of Dormont:

Beth Bachman

Oct 6, 2021

Media: https://www.post-gazette.com/news/politics-local/2021/10/05/Dormont-approves-anti-discrimination-ordinance/stories/202110050130

Full text Below:
Ordinance 1642 Human Relations Commission October 2021
BOROUGH OF DORMONT NON- DISCRIMINATION ORDINANCE

AN ORDINANCE To Amend The Code Of Borough of Dormont adding Chapter 57 To Provide for the Creation of The Borough of Dormont Human Relations Commission, and to Prohibit Discrimination in Housing, Commercial Property, Employment and Public Accommodations Based Upon Actual or Perceived Race, Color, National Origin, Immigration Status, Ancestry, Religious Creed, Age, Sex, Sexual Orientation, Gender Identity, Gender Expression, Veteran’s Status, Marital Status, Familial Status, Genetic Information, Handicap or Disability, Use of An Assistance Animal; Providing Definitions; And Providing Penalties

WHEREAS, the public policy of the United States of America, and the Commonwealth of Pennsylvania is grounded in the concept that all individuals are entitled to equal protection under law, United States Constitution, Fourteenth Amendment; Constitution of the Commonwealth of Pennsylvania, Article I, §§26, 28, 29.

WHEREAS, The Pennsylvania Borough Code provides that Boroughs have specific powers to: To make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the borough. 8 Pa. Stat. and Cons. Stat. Ann. § 1202 (West)

WHEREAS, the Cde of the Borough Dormont Borough authorizes Council to make and adopt ordinances that are consistent with the constitution and the laws of the Commonwealth that it deems necessary for the proper management, care, and control of the Borough and the maintenance of peace, good government, prosperity, health, and welfare of the Borough and its citizens.

WHEREAS, Section 12.1 (a) of the Pa. Human Relations Act authorizes the Dormont Borough Council to establish a local Human Relations Commission

WHEREAS, the Borough of Dormont prides itself on the diversity of its residents, and the harmonious relations which have been fostered in the Borough by a practiced and recognized attitude of respect for all residents, employees, and visitors within the Borough of Dormont.

WHEREAS, the Dormont Borough Council desires to establish and adopt an official policy of nondiscrimination in the Borough of Dormont, in matters involving employment, housing, commercial property, and public accommodations.

NOW, THEREFORE, the Council of the Borough of Dormont hereby ENACTS and ORDAINS the following:

Section 1. The Code of the Borough of Dormont shall be amended by the addition of a new Chapter 93, Human Relations Commission, to provide as follows:

Chapter 93

Human Relations Commission

Commission is intended to exceed, nor shall it be construed as exceeding, those powers and duties granted to the Pennsylvania Human Relations Commission by the Pennsylvania Human Relations Act.

The following words and phrases when used in this chapter shall have the meanings given to them in this subsection. To the extent words and phrases appearing in this chapter are not expressly defined herein, their meaning for purposes of this chapter shall be the same as such words are defined in the Pennsylvania Human Relations Act and such words, if not therein defined, shall be construed consistently with the Pennsylvania Human Relations Act.

(1) Promote mutual understanding, respect and cooperation among all racial, cultural, religious, ethnic, nationality and other groups within the Borough; and

(2) Cooperate with and assist other organizations, public or private, to improve relationships among the citizens of the Borough; and

(3) Conduct educational programs for furtherance of the improvement of human relations in the Borough; and

(4) Act as a referral group related to complaints of alleged discrimination within the Borough and, wherever possible, the Commission shall refer the complainants to appropriate social, civic or government agencies for further action; and

(5) The Commission may itself independently authorize the initiation of complaints of Unlawful Practices subject to specific grounds, as set forth in this Article; and

(6) Execute the regulations for and actions of the Commission as set forth in § 93.6, below.

(1) Any person(s) claiming to be aggrieved by an Unlawful Practice may make, sign and file a complaint alleging violation(s) of this chapter, which shall include the following information:

(a) The name and address of the aggrieved person(s); and

(b) The name and address of the person(s) alleged to have committed the prohibited practice; and

(c) Particularity of the case, a statement of the facts, including pertinent dates, constituting the alleged Unlawful Practice; and

(d) If applicable, the address and a description of any Housing Accommodation, commercial property, employer or public accommodation that is involved; and

(e) Such other information as may be required by the Commission.

(2) Complaints may be filed in person or by mail at the Borough’s office. All complaints must be received by the Borough Manager’s office within 180 days from the alleged Unlawful Practice or, for an ongoing Unlawful Practice 180 days of the last date the alleged Practice occurred, or the complaint will not be considered timely. The time limits for filing any complaint or other pleading under this act shall be subject to waiver, estoppel and equitable tolling.

(3) A staff person at the Borough Office shall record the date and time of receiving the complaint and shall within 10 days forward a complete copy to the Chairperson of the Dormont Human Relations Commission.

(4) The Commission may, on its own motion, independently initiate a complaint for a violation of an Unlawful Practice.

(a) Whenever the Commission has information whereby it has reason to believe than an unlawful discriminatory practice has occurred, the Commission may, on its own motion, file a complaint.

(b) Commission-initiated complaints shall be filed in accordance with this Section, with the name and address of the complainant being the Commission, and signed by the Chairperson of the Commission or the Chairperson’s designee on behalf of the Commission.

(c) When the allegation alleges a violation that comes under the jurisdiction of the PA Human Relations Commission, The Dormont Human Relations Commission will assist The Complainant to immediately dual file their allegation with the PA Human Relations Commission.

(1) Within 30 days of its receipt of a complaint, the Commission shall determine if it has jurisdiction hereunder to process the complaint. If the Commission determines that it does not have such jurisdiction, it shall dismiss the complaint and notify the aggrieved party. If the Commission determines it has jurisdiction over the complaint, it shall proceed as follows:

(a) Send a copy of the complaint to the person(s) charged with an Unlawful Practice (the “Respondent”) and to the Pennsylvania Human Relations Commission; and

(b) Send a notice to the person(s) aggrieved (the “Complainant”), informing them that the complaint has been received.

(c) If the complaint alleges discrimination on a basis proscribed under federal law, the notice to the Complainant shall also provide information of a possible right to file with the Federal Equal Employment Opportunity Commission and inform the Complainant how to do so.

(2) The Respondent shall file with the Borough Office a written answer to the complaint within 30 days of service of the complaint. The answer shall be conveyed by the Borough Office to the Chairperson of the Dormont Human Relations Commission within 10 days of its receipt by the Borough Office. The Commission shall promptly send a copy of the answer to the Complainant.

(3)  At any time after the filing of a complaint, the Commission shall dismiss with prejudice a complaint which, in its opinion is untimely with no grounds for equitable tolling, outside its jurisdiction or frivolous on its face.

(1) The Commission shall provide mediation and meeting facilitation at no charge to complainants and respondents who are willing to mediate a resolution of a complaint.

(2) After the answer has been received, the Commission shall, within 30 days, invite the parties to voluntarily participate in the mediation of their dispute. The parties shall respond to the invitation to mediate within 30 days of being invited to mediate. Mediation shall be conducted in accordance with regulations promulgated by the Commission and approved by the Borough Council.

(3) The Chairperson of the Commission shall select a mediator, who may be either a member of the Commission or a volunteer from the community.

(4) The parties shall notify the Commission as to whether the mediation successfully resolved the complaint. Mediation proceedings shall otherwise be confidential. Nothing learned in mediation can be independently used in further proceedings of the complaint. Neither the results thereof nor any record made in connection therewith shall be made public unless agreed to in writing by both parties to the dispute.

(5) Status of the Complaint Following Mediation.

(a) If the mediation has successfully resolved the complaint, the Commission shall promptly notify the parties that it has dismissed the complaint.

(b) If the mediation has not successfully resolved the complaint, and if the complaint alleges a violation of this Ordinance which is also proscribed under the Pennsylvania Human Relations Act, the Commission shall notify the parties that the complaint has been referred to the Pennsylvania Human Relations Commission for further proceedings.

(c) If the mediation has not successfully resolved the complaint, and only if the complaint alleges a violation of this Chapter which is not otherwise proscribed under the Pennsylvania Human Relations Act, The Commission shall advise the Complainant of their right to proceed to Common Pleas Court. Actions under this subsection shall be filed within two years after the date of notice from the Dormont Commission closing the complaint.

The Commission shall keep records of its meetings and activities. The Commission shall provide advisory reports to Borough of Dormont Council as needed or requested.

In the event that a Complainant brings an action in the Common Pleas Court, the Common Pleas Court shall have the power to award the remedies that are provided in Section 9(f), 9(f.1) and (f.2) and Section 12(c)(3) of the Pennsylvania Human Relations Act.

Section 1. Having exhausted the administrative remedies set forth herein, an aggrieved person shall have the right to pursue any rights or causes of action at law or in equity to which such person may be entitled.

Section 2. Nothing in this Ordinance shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the Borough’s Code of Ordinances prior to the adoption of this amendment.

Section 3. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part or provision had not been included herein.

Section 4. This Ordinance shall take effect and be in force from and after its approval date as required by law.

Approved by the Borough of Dormont Council this 4th day of October, 2021.

This press release was produced by the Borough of Dormont. The views expressed here are the author’s own.