Subd. 1. Declaration of policy.
A. Discrimination in employment, housing, public accommodations and education, as herein defined, on the grounds of race, color, creed, religion or national origin tends to cause intergroup tensions, unrest, disorders and breaches of the peace, and may adversely affect the public safety, health, welfare and good order of the city. The discrimination unjustly denies the full benefits of citizenship and equal opportunity to those persons discriminated against and tends to impose unwarranted and unnecessary burdens on public funds to relieve the conditions created.
B. Legislative prohibition of the discrimination tends to remove and ameliorate the conditions created thereby and promote the general welfare and good order of the city.
C. As a guide to the interpretation and application of this section, it is declared to be the policy of the city to foster equal opportunity in employment, housing, public accommodations and education for all individuals in the city in accordance with their fullest capacities regardless of race, color, creed, religion or national origin and to safeguard their rights to employment, housing, public accommodations and education without discrimination, as herein prohibited.
D. It is also the policy of the city to protect all persons from unfounded charges of discrimination.
Subd. 2. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. COMMISSION. The Community Relations Commission established and appointed, as provided in Chapter 2 of the City Code.
B. EMPLOYMENT AGENCY. A person or persons who, or an agency which regularly undertakes, with or without compensation, to procure employees or opportunities for employment.
C. LABOR ORGANIZATION. Any organization that exists wholly or partly for one or more of the following purposes:
1. Collective bargaining;
2. Dealing with employers concerning grievances, terms or conditions of employment; or
3. Mutual aid or protection of employees.
D. NATIONAL ORIGIN. The place of birth of an individual or of any of his or her lineal ancestors.
E. UNFAIR DISCRIMINATION PRACTICE. Any act described in Subd. 4 of this section. The word DISCRIMINATE includes SEGREGATE or SEPARATE.
F. EMPLOYER. Any person who employs two or more employees within the city.
G. EMPLOYEE. Any person who works for a wage, salary or commission in the service of an employer.
H. PUBLICLY ASSISTED HOUSING ACCOMMODATION. A housing accommodation that is, or is located in a building:
1. Situated on land owned or assembled into a parcel for housing accommodations by a governmental body;
2. Upon which a commitment by a governmental body to guarantee or insure an acquisition loan is outstanding; or
3. Subject to an outstanding secured or unsecured loan made, guaranteed or insured by a governmental body for the purpose of financing the acquisition, construction, rehabilitation, repair or maintenance of the building.
I. REAL PROPERTY. Includes real estate, lands, tenements and hereditaments, corporeal and incorporeal.
J. REAL ESTATE BROKER AND SALESPERSON. Respectively, a real estate broker, as defined by M.S. § 82.17, Subd. 4, and a real estate salesperson as defined by M.S. § 82.17, Subd. 5, as they may be amended from time to time.
K. PUBLIC ACCOMMODATION. Includes access to, use of or benefit from any place which is open to, accepts or solicits the patronage of the general public or offers goods or services to the general public; such as: hotels, motels, theaters, places of amusement or recreation; restaurants, bars; taverns; retail stores; all forms of public conveyance and the stations and terminals thereof; public buildings, parks and facilities; barber and beauty shops; hospitals and clinics. The term PUBLIC ACCOMMODATIONS does not include bona fide private clubs where the accommodations, facilities and services are restricted to the members of the club and their guests.
L. EDUCATION. Access to, use of or benefit from any educational institution or school which is open to, accepts or solicits the patronage of the general public.
Subd. 3. Exceptions.
A. Employment. The provisions of Subd. 4, Subpar. A, shall not apply to:
1. The employment of any individual by his or her parent, grandparent, spouse, child, grandchild, brother or sister;
2. The employment of any individual in the domestic service of any person;
3. A religious and fraternal corporation, association or society, with respect to qualifications based on religion, when religion shall be a bona fide occupational qualification for employment; or
4. The employment of one person in place of another which, standing by itself, shall not be evidence of an unfair discriminatory practice.
B. Housing. The provisions of Subd. 4, Subpar. B, shall not apply to:
1. The rental of a portion of a dwelling containing accommodations for two families, one of which is occupied by the owner;
2. The rental by an owner of a one-family accommodation in which he or she resides, of a room or rooms in the accommodation; or
3. The rental, lease or sale of a one-family dwelling, owner occupied, not defined as a publicly assisted housing accommodation.
(Ord. 1145, passed 10-21-67)
Subd. 4. Unfair discrimination practices.
A. Employment. Except when based on a bona fide occupational qualification, it is unfair employment practice:
1. For a labor organization, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age:
a. To deny full and equal membership rights to an applicant for membership or to a member;
b. To expel a member from membership;
c. To discriminate against an applicant for membership or a member with respect to his or her hire, apprenticeship, tenure, compensation terms, upgrading, conditions, facilities or privileges of employment; and/or
d. To fail to classify properly or refer for employment or otherwise to discriminate against a member.
2. For an employer, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age:
a. To refuse to hire an applicant for employment;
b. To discharge an employee;
c. To discriminate against an employee with respect to his or her hire, tenure, compensation terms, upgrading, conditions, facilities or privileges of employment.
3. For an employment agency, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age:
a. To refuse to or fail to accept, register, classify properly or refer for employment or otherwise to discriminate against an individual; or
b. To comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this section.
4. For an employer, labor organization or employment agency to discharge, expel or otherwise discriminate against a person because that person has opposed any practice forbidden by this section or has filed a complaint, testified or assisted in any proceeding under this section;
5. For a person intentionally to aid, abet, incite, compel or coerce another person to engage in any of the practices forbidden by this section;
6. For a person intentionally to attempt to aid, abet, incite, compel or coerce another person to engage in any of the practices forbidden by this section;
7. For any person, employer, labor organization or employment agency to willfully resist, prevent, impede or interfere with the Commission or any of its members or representatives in the performance of duty under this section; and/or
8. For an employer, employment agency or labor organization, before an individual is employed by an employer or admitted to membership in a labor organization, to:
a. Require the applicant to furnish information that pertains to the applicant’s race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age, unless for the purpose of national security, information pertaining to the national origin of the applicant is required by the United States, the state or a political subdivision or agency of the United States or the state; and/or
b. Cause to be printed or published a notice or advertisement that relates to employment or membership and discloses a preference, limitation, specification or discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age.
B. Housing. It is an unfair discriminatory practice:
1. For an owner, lessee, sublessee, assignee or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:
a. To refuse to sell, rent or lease or otherwise deny to or withhold from any person or group of persons any real property because of the race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age of the person or group of persons;
b. To discriminate against any person or group of persons because of the race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age of the persons or group of persons in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith; or
c. In any transaction involving real property, to print, circulate or post or cause to be printed, circulated or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age or any intent to make any limitation, specification or discrimination.
2. For a real estate broker, real estate salesperson or employee or agent thereof:
a. To refuse to sell, rent or lease or refuse to offer for sale, rental or lease any real property to any person or group of persons or refuse to negotiate for the sale, rental or lease of any real property to any person or group of persons because of the race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age of the person or group of persons or represent that real property is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of the race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age of the person or group of persons;
b. To discriminate against any person because of his or her race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
c. To print, circulate or post or cause to be printed, circulated or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of any real property or to make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age or any intent to make any such limitation, specification or discrimination.
3. For a person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:
a. To discriminate against any person or group of persons because of the race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age of the person or group of persons or of the prospective occupants or tenants of real property in the granting, withholding, extending, modifying or renewing or in the rates, terms, conditions or privileges of any financial assistance or in the extension of services in connection therewith; or
b. To use any form of application for the financial assistance or make any record or inquiry in connection with applications for the financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age or any intent to make any limitation, specification or discrimination.
4. For any person:
a. To engage in any affirmative act of economic reprisal against any other person because that person has opposed any practice forbidden by this section or has filed a complaint, testified, assisted or participated in any manner in any investigation or proceeding under this section;
b. Intentionally to aid, abet, incite, compel or coerce any other person to engage in any of the practices forbidden by this section;
c. To willfully obstruct or prevent any person from complying with the provisions of this section or to resist, prevent, impede or interfere with the Commission or any of its members or representatives in the performance of duty under this section; or
d. To attempt directly or indirectly to commit any of the practices forbidden by this section.
C. Public accommodations. It is an unfair discriminatory practice for a person who is the owner, lessee, proprietor, manager, superintendent, official or employee of any place of public accommodation:
1. To discriminate against any person, either directly or indirectly by refusing, withholding or denying to such person any of the services, accommodations, advantages, facilities or privileges offered by the place of public accommodation, resort or amusement, by setting different rates or charges therefor, or by placing or attempting to place any person in a separate section or area of the premises or facilities of the public accommodation, resort or amusement when the action is based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age;
2. To publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the services, accommodations, advantages, facilities or privileges of any place of public accommodation, resort or amusement, will be refused, withheld or denied to any person on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age or that the patronage of any person of a particular race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age is unwelcome, objectionable or not acceptable, desired or solicited, or that any person is required to or requested to use a separate area or section of the premises or facilities of the place of public accommodation, resort or amusement, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age; or
3. To aid, abet, incite, counsel or coerce the doing of any act declared herein to be an unlawful practice or to prevent any person from complying with this section.
D. Education. It is an unfair discriminatory practice for any person to discriminate against any other person in any manner in the access to, use of or benefit from any school or educational institution, its facilities, activities or services, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age of the person.
(`80 Code, § 10.22) (Ord. 1327, passed 6-30-78) Penalty, see § 1.99