CHAPTER 663 – FAIR EMPLOYMENT PRACTICES

663.01   Definitions

663.02   Prohibitions

663.03   Discrimination in City Employment Practices

663.04   Exemptions from Provisions

663.05   Administration

663.06   Compliance, Public Hearing and Enforcement

663.99   Penalty

Cross-reference:
   Unfair labor practice defined, CO 661.01

Statutory reference:
   Unlawful discriminatory practices, RC 4112.02

§ 663.01 Definitions

   As used in this chapter:

   (a)   “Discriminate,” “discriminates” or “discrimination” means discrimination solely on the grounds or because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.

   (b)   “Employee” means all persons except those engaged in domestic service, personal service or an employee of an organized religious congregation or an employee of an organization or institution limited to members of a single religious faith.

   (c)   “Employer” means a person, one (1) or more individuals, a partnership, association or corporation hiring employees unless exemption is provided in Section 663.04.

   (d)   “Labor organization” means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employees concerning grievances, terms of conditions of employment, or of mutual aid or protection in connection with employment.

   (e)   “Employment agency” means any person, company, partnership, association, or corporation, which undertakes with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees.

   (f)   “Sexual orientation” means a person’s actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.

   (g)   “Gender Identity or Expression” means the gender-related identity, external presentation of gender identity through appearance, or mannerism or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

§ 663.02 Prohibition s

   No employers, employees, labor unions, employment agencies or others subject to this chapter shall:

   (a)   Discriminate against any person with regard to hire, discharge, tenure, upgrading, terms or conditions of employment or union membership solely on grounds of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status;

   (b)   Publish or cause to be published any notice or advertisement relating to employment or membership which contains any specification or limitation as to race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status;

   (c)   Require of any applicant as a condition of employment or membership any information concerning the applicant’s race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status;

   (d)   Aid, abet, encourage or incite the commission of any discrimination in employment practice prohibited by this chapter.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

§ 663.03 Discrimination in City Employment Practices

   The City shall prohibit all of the discriminatory practices set forth in Section 663.02 in all of its departments, divisions, boards and commissions, or the commission of discriminatory practices by any City officials, their agents or employees acting for or on behalf of the City.

(Ord. No. 1183-69. Passed 12-15-69, eff. 12-15-69)