It is an unlawful discriminatory practice:
(a) Employment. For an employer, because of the race, color, religion, sex, national origin, handicap or ancestry of any person, to refuse to hire or otherwise to discriminate against the person with respect to hire, tenure, terms, conditions, privileges of employment or any matter directly or indirectly related to employment;
(b) Employment Agencies. For an employment agency, because of race, color, religion, sex, national origin, handicap or ancestry, to:
(1) Refuse or fail to accept, register, classify properly, refer for employment or otherwise discriminate against any person; or
(c) Labor Organizations. For a labor organization to:
(1) Limit or classify its membership on the basis of race, color, religion, sex, national origin, handicap or ancestry; or
(2) Discriminate against, limit the employment opportunities of or otherwise adversely affect the employment status, wages, hours or employment conditions of, a person as an employee because of race, color, religion, sex, national origin, handicap or ancestry;
(d) Apprenticeship Training Programs.
(1) For an employer, labor organization or joint labor-management committee controlling apprentice training programs to discriminate against a person because of race, color, religion, sex, national origin, handicap or ancestry in admission to, or employment in, a program established to provide apprentice training; or
(2) Except where based on a bona fide occupational qualification certified in advance by the Human Relations Commission, for an employer, employment agency or labor organization, prior to employment or admission to membership, to:
A. Inquiries. Elicit or attempt to elicit any information concerning the race, color, religion, sex, national origin, handicap or ancestry of an applicant for employment or membership;
B. Records. Make or keep a record of the race, color, religion, sex, national origin, handicap or ancestry of an applicant for employment or membership;
C. Applications and membership blanks. Use any form of application for employment, or personnel or membership blank, seeking to elicit information regarding race, color, religion, sex, national origin, handicap or ancestry. However, any employer holding a contract containing a nondiscrimination clause with the government of the United States, or any department or agency thereof, may require an employee or applicant for employment to furnish documentary proof of United States citizenship and may retain such proof in the employer's personnel records and may use photographic or fingerprint identification for security purposes.
D. Notices and advertisements. Print or publish, or cause to be printed or published, a notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based on race, color, religion, sex, national origin, handicap or ancestry;
E. Discriminatory policies. Announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of a group because of the race, color, religion, sex, national origin, handicap or ancestry of such group; or
F. Discriminatory sources. Utilize, in the recruitment or hiring of persons, an employment agency, placement service, training school or center, labor organization or any other employee-referring source, known to discriminate against persons because of their race, color, religion, sex, national origin, handicap or ancestry;
(e) Advertising by Job Seekers. For a person seeking employment to publish or cause to be published an advertisement which specifies or in any manner indicates the person's race, color, religion, sex, national origin, handicap or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, national origin, handicap or ancestry of a prospective employer;
(f) Public Accommodations. For a proprietor or an employee, keeper or manager of a place of public accommodation to deny to a person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, national origin, handicap or ancestry, the full enjoyment of the accommodations, advantages, facilities or privileges thereof;
(g) Refusing and Withholding Housing Accommodations. For a person to refuse to sell, transfer, assign, rent, lease, sublease or finance to, or otherwise deny or withhold housing accommodations from, a person because of the race, color, religion, sex, national origin, handicap or ancestry of a propsective owner, occupant or user of such housing. More specifically, it is an unlawful discriminatory practice to:
(1) Misrepresentation of availability. Represent to a person that housing is not available for inspection when in fact it is so available;
(2) Refusal to finance. Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, or otherwise withhold financing of housing from a person, because of the race, color, religion, sex, national origin, handicap or ancestry of a present or prospective owner, occupant or user of such housing, provided that the person refusing to lend the money lends money as one of the principal aspects of, or incident to, his or her principal business and not only as a part of the purchase price of an owner-occupied residence he or she is selling or merely casually or occasionally to a relative or friend;
(3) Discrimination in supplying housing accommodations. Discriminate against a person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing, because of the race, color, religion, sex, national origin, handicap or ancestry of a present or prospective owner, occupant or user of such housing;
(4) Discrimination in financing. Discriminate against a person in the terms or conditions of any loan of money, whether secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, because of race, color, religion, sex, national origin, handicap or ancestry of a present or prospective owner, occupant or user of such housing;
(5) Refusal to consider combined income. Refuse to consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either members thereof;
(6) Statements and advertisements. Print, publish or circulate a statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing, or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, which indicates any preference, limitation, specification or discrimination based on race, color, religion, sex, national origin, handicap or ancestry;
(7) Inquiries, applications and records. Make an inquiry, elicit any information, make or keep a record or use any form of application containing questions or entries, concerning race, color, religion, sex, national origin, handicap or ancestry in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing;
(8) Restrictive covenants. Include in any transfer, rental or lease of housing a restrictive covenant, or honor or exercise or attempt to honor or exercise a restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this paragraph;
(9) Inducing or soliciting. Induce or solicit or attempt to induce or solicit a housing listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located, or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of a race, color, religion, sex, national origin, handicap or ancestry in the area will or may have results such as the following:
A. The lowering of property values;
B. A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located;
C. An increase in criminal or antisocial behavior in the area; or
D. A decline in the quality of the schools serving the area;
(10) Denial of services or membership. Deny a person access to, or membership or participation, in, any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting housing accommodations, or discriminate against a person in the terms or conditions of such access, membership or participation on account of race, color, religion, sex, national origin, handicap or ancestry;
(11) Coercion; interference. Coerce, intimidate, threaten or interfere with a person in the exercise or enjoyment of, or on account of the person's having exercised or enjoyed or having aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this subsection;
(12) Injury; intimidation. Whether or not acting under color of law, by force, or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with a person:
A. Because of race, color, religion, sex, national origin, handicap or ancestry and because the person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling, or applying for or participating in a service, organization or facility relating to the business of selling or renting housing accommodations;
B. Because the person is or has been, or in order to intimidate the person, or any other person or class of persons, from:
1. Participating, without discrimination on account of race, color, religion, sex, national origin, handicap or ancestry, in any of the activities, services, organizations or facilities described in paragraph (g)(12)A. hereof; or
2. Affording another person or class of persons opportunity or protection so to participate; or
C. Because the person is or has been, or in order to discourage the person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, handicap or ancestry, in any of the activities, services, organizations or facilities described in paragraph (g)(12)A. hereof or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate;
(13) Discouraging prospective purchasers. Discourage or attempt to discourage the purchase by a prospective purchaser of a housing unit, by representing that a block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area; or
(14) Denial or withholding of burial lots. Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold a burial lot from a person because of the race, color, sex, national origin, handicap or ancestry of a prospective owner or user of such lot;
(h) Retaliation. For a person to discriminate in any manner against another person because such person has opposed an unlawful practice referred to in this section or because such person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing; or
(i) Aiding and Abetting. For a person to aid, abet, incite, compel or coerce the doing of any act declared by this chapter to be an unlawful discriminatory practice; obstruct or prevent a person from complying with this section and Sections 507.03
and 507.04
or any order issued thereunder; or attempt directly or indirectly to commit an act declared by this chapter to be an unlawful discriminatory practice.
(Ord. 37-79. Passed 5-1-79.)