The following words, terms and phrases when used in this chapter shall be defined as follows, unless the context clearly indicates otherwise:
ACCESSIBLEBeing in compliance with the applicable standards set forth in the following:
A. The Fair Housing Act (Public Law 90-284 as amended, 42 U.S.C. §
3601 et seq.);
B. Americans with Disabilities Act of 1990 (Public Law 101-336,42 U.S.C. §
12101 et seq.);
C. Pennsylvania Construction Code Act, 35 P.S. §
7210.101 et seq.
ADVERTISERAny person who places, publishes, broadcasts or similarly causes to be disseminated by any other means an advertisement or advertising as defined herein.
AGEIncludes any person over the age of 35 years and shall also include any other person so protected by further amendment to the Federal Age Discrimination in Employment Act.
AIDSAcquired Immunodeficiency Syndrome.
CITYThe City of Allentown, Pennsylvania.
COMMERCIAL HOUSINGHousing accommodations held or offered for sale or rent:
A. By a real estate broker, salesperson or agent or by any person pursuant to authorization of the owner;
B. By the owner themself, or their legal representative, but shall not include either the rental of a room or rooms in a personal residence where the rental includes shared space in the personal residence.
COMMERCIAL PROPERTYA. Any building, structure or facility, 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 manufactory or any public accommodation; and
B. 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.
COMMISSIONThe City of Allentown Human Relations Commission.
COMMON CARRIERA person holding themselves out to the general public to provide transportation for compensation.
COUNTYThe County of Lehigh, Pennsylvania.
DISABILITYA. The term "handicap or disability" (hereafter referred to as "disability"), with respect to a person, means:
(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. §
802).
B. The term "non-job-related disability" means any disability which does not substantially interfere with the ability to perform the essential functions of the employment for which a disabled person applies, is engaged in or has been engaged in. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a disability job-related.
C. As used herein, the phrase "physical or mental impairment" means:
(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss;
(2) Any mental or psychological disorder, including, but not limited to, autism spectrum disorder, emotional or mental illness, and intellectual and learning disabilities.
(3) Contagious and non-contagious diseases and conditions, including but not limited to orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, AIDS, Long COVID, and any other conditions protected under the Americans with Disabilities Act, 42 U.S.C. §
12101 et seq.
DISCRIMINATIONA. Any exclusion, denial, intimidation, coercion, difference or segregation in treatment because of an individual's membership in a protected class in the following areas:
(1) Hiring, referring for hire, promoting, training, including apprenticeship programs;
(2) Membership in employee or labor organizations;
(3) The advertisement, sale, lease, rental, financing or zoning of housing;
(4) The provision of healthcare;
(6) Rendering service in places of public accommodation.
B. It is illegal to discriminate or harass a person in the areas of employment, housing, public accommodation, education, or healthcare based on their natural hair or hairstyle, as long as natural hair or hairstyle poses no danger or impedes job performance.
DISCRIMINATION BASED ON GENETIC INFORMATIONA. To fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee; or
B. To limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities, or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the employee.
EDUCATIONAL INSTITUTIONPublic or private education provider, charter school, college, university, trade or training school, pre-school, daycare provider, or other educational entity,
EMPLOYEEA. An employee is an individual who works under the supervision or control of an employer.
B. The term "employee" does not include an individual employed by said individual's parents, spouse, or child.
EMPLOYERAny person or organization who employs one or more employees, exclusive of parents, spouse, or children. This term includes the City, its departments, authorities, boards, and commissions, as well as political subdivisions and school districts.
EMPLOYMENT AGENCYAny person regularly undertaking with or without compensation to procure opportunities to work or to procure, recruit, refer or place employees.
FAMILIAL STATUSA. One or more individuals who have not attained the age of 18 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.
B. 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.
GENDER EXPRESSIONThe external appearance of one's gender identity, usually expressed through behavior, clothing, haircut, voice, chosen name, and/or pronouns, and which may or may not conform to socially defined behaviors and characteristics typically associated with being male or female.
GENDER IDENTITYSelf-perception, or perception by others, as male, female, non-binary, or gender diverse, and shall include an individual's appearance, behavior, or physical characteristics, may refer to gender expression, sex assigned at birth, transgender identity, gender transition, that may be in accord with, or opposed to, physical anatomy, DNA, chromosomal sex, or sex assigned at birth, and shall include, but is not limited to, persons who are gender variant, persons who have completed or are in the process of gender transition, or who are undergoing or have completed sex affirmation hormonal treatments or gender affirming surgeries.
GENETIC INFORMATIONThat information which is defined as genetic information in the Genetic Information Nondiscrimination Act of 2008,
42 U.S.C. § 2000ff et seq.
HEALTH CARE PROVIDERMeans a licensed healthcare provider and their assistants and staff, including but not limited to a medical doctor, osteopath, dentist, podiatrist, optometrist, optician, chiropractor, psychologist, social worker, pharmacist, nurse, midwife, emergency medical technician, radiologist, x-ray technician, therapist, physician's assistant, or dental hygienist. This term also includes a group or institutional provider of healthcare, such as a hospital, skilled nursing facility assisted living facility, clinic, laboratory, home healthcare provider, medical office and the employees of such entities.
HIVHuman Immunodeficiency Virus, also referred to as HIV Disease. The spectrum of disease clinically associated with HIV infection, encompassing both the symptomatic and asymptomatic forms of the infection.
HOUSING ACCOMMODATIONSA. Any building, structure, mobile home site, hotel, motel, campground, shelter, dormitory or facility, 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, whether or not living independently of each other.
B. Any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, mobile home site or facility.
C. The term "housing accommodation" shall not include any owner-occupied personal residence offered for rent by the owner thereof when personal living space is to be shared with the owner.
HOUSING FOR OLDER PERSONSHousing which satisfies the requirements set forth in the Fair Housing Act and its regulations for housing for older persons.
INDEPENDENT CONTRACTORAn individual providing services who is free from direction or control over the performance of the services, both under the contract of service and in fact, and is customarily engaged in an independently established trade occupation profession or business. Includes any person who is subject to the provisions governing any of the professions and occupations regulated by state licensing laws enforced by the Bureau of Professional and Occupational Affairs in the Department of State, or is included in the Fair Housing Act (Public Law 90-284, as amended, 42 U.S.C. §
3601 et seq.).
LABOR ORGANIZATIONAny 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.
LENDING INSTITUTIONAny bank, insurance company, savings and loan association, credit union, or any other person or organization regularly engaged in the business of lending money or guaranteeing loans.
MARITAL STATUSThe status of being single, married, separated, divorced, widowed or a life partner.
ORDINANCEThe City of Allentown Human Relations Ordinance.
OWNERIncludes lessee, sublessee, assignee, manager, agent, or any other person or organization having the right of ownership or possession or the authority to sell, rent or lease any housing accommodation, including political subdivisions and the County and its authorities, boards and commissions.
PERSON OR ORGANIZATIONIncludes one or more individuals, a general or limited partnership, association, organization, for profit and not-for-profit corporation, sole proprietorship, limited liability company, legal representative, trustee in bankruptcy or receiver. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, agent, employee, independent contractor, volunteer, lending institution, political subdivision, and the County and its authorities, boards and commissions.
PROTECTED CLASSActual or perceived race, ethnicity, color, religion, creed, national origin or citizenship status, ancestry, sex (including pregnancy, childbirth, and related medical conditions), gender identity, gender expression, sexual orientation, genetic information, marital status, familial status, GED rather than high school diploma, physical or mental disability, relationship or association with a disabled person, source of income, age, height, weight, veteran status, use of guide or support animals and/or mechanical aids, or domestic or sexual violence victim status.
PUBLIC ACCOMMODATIONAny accommodation, resort, or amusement which is open to, accepts or solicits the patronage of the general public or offers goods or services, including loans, to the general public or is listed in Section 4(I) of the Pennsylvania Human Relations Act, 43 P.S. §
954(I), but shall not include any accommodations which are in their nature distinctly private by membership within a not-for-profit mission-driven organization whose mission requires a narrowed provision of services not based on race.
REAL ESTATE-RELATED TRANSACTIONIncludes any of the following:
A. The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property; or
B. The purchasing, constructing, improving, repairing or maintaining a housing accommodation or commercial property; or
C. The selling, brokering, using as collateral or appraising of real property.
RELIGIONThe term "religion" includes all aspects of religious observance and practice, as well as belief.
SEXMale, female, or non-binary. Includes the gender of a person, gender identity, gender expression, affectional or sexual orientation, transgender identity, intersex, gender transition, sex assigned at birth, natal sex, as perceived, presumed or assumed by others. Sex as a class includes pregnancy, childbirth, breastfeeding, and related medical conditions.
SEXUAL ORIENTATIONInherent or immutable enduring emotional, romantic, or sexual attraction to other people. Includes being gay, lesbian, bisexual, pansexual, heterosexual, asexual, by preference, practice, or as perceived by others.
SOURCE OF INCOMEAny lawful source of income, including, but not limited to, earned income, child support, alimony, insurance and pension proceeds, unemployment insurance, social security, and all forms of public assistance, including social security disability insurance and supplemental security income, Temporary Assistance for Needy Families (TANF) and any successor legislation, and housing assistance programs.