Section
558.01 Title, purpose and objectives
558.02 Definitions
558.03 Prohibited acts of discrimination - employment
558.04 Prohibited acts or discrimination - housing and real estate transactions
558.05 Prohibited acts of discrimination - business establishments or public accommodations
558.06 Prohibited acts of discrimination - educational institutions
558.07 City services, facilities, transactions and contracts
558.08 General exceptions
558.09 Posting of notices
558.10 Correction or retaliation
558.11 Preservation of business records
558.12 Human Rights Commission
558.13 Complaints - consideration by the Commission
558.14 Conciliation agreements
558.15 Hearings
558.16 Findings and orders
558.17 Remedies
558.18 Judicial review
558.19 Subpoenas
558.20 Resistance to, obstruction and the like of Commission
558.21 Additional remedies preserved
558.22 State/federal remedies
This chapter shall be known and may be cited as the Human Rights Act. In enacting this chapter, it is the intent of the City Council, (hereinafter the Council) to protect and safeguard the right and opportunity of all persons to be free from all forms of unlawful discrimination, including discrimination based on age, race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation or physical characteristic. The Council’s purpose in enacting this chapter is to promote the public health and welfare of all persons who live or work in the city. It is important for the city to ensure that all persons within the city have equal access to employment, housing, public accommodations and education.
(Ord. 50-11, passed 7-19-2011)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISING.
To make, print, publish, advertise or otherwise disseminate any notice, statement or advertisement, with respect to any employment activity, any business activity or any educational activity.
AGE.
Eighteen years of age or older except as otherwise provided by law.
BUSINESS ESTABLISHMENT.
Any entity, however organized, that furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment that has membership requirements is considered to furnish services to the general public if its membership requirements consist only of payment of fees or consist only of requirements under which a substantial portion of the residents of the city could qualify.
DISABILITY
or
DISABLED.
With respect to an individual, a physical or mental impairment, a record of such an impairment, or being perceived or regarded as having such impairment. For purposes of this chapter, discrimination on the basis of disability means that no covered entity shall discriminate against a qualified individual with a disability because of that individual’s disability. The term
QUALIFIED INDIVIDUAL WITH A DISABILITY
shall mean an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment positions that the individual holds or desires.
DISCRIMINATE, DISCRIMINATION
or DISCRIMINATORY. Any act, policy or practice that, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person’s race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation or physical characteristic.
EDUCATIONAL INSTITUTION.
Any public or private educational institution including an academy, college, elementary or secondary school, extension course, kindergarten, pre-school, nursery school, university, and any business, nursing, professional, secretarial, technical or vocational school.
EMPLOYEE.
Any individual employed or seeking employment from an employer.
EMPLOYER.
Any person who, for compensation, regularly employs five or more individuals, not including the employer’s parents, spouse or children. For purposes of this chapter, an
EMPLOYER
“regularly” employs five individuals when the employer employs five or more individuals for each working day in any 20 or more calendar weeks in the current or previous calendar year. For purposes of this chapter, an
EMPLOYER
is also any person acting on behalf of an employer, directly or indirectly, or any employment agency.
EMPLOYMENT AGENCY.
Any person regularly undertaking with or without compensation to procure opportunities for employment or to procure, recruit, refer or place employees, whether in temporary or permanent positions of employment.
GENDER.
Actual or perceived sex category or sexual characteristics.
GENDER IDENTITY OR EXPRESSION.
Having or being perceived as having a gender identity or expression whether or not that gender identity or expression is different from that traditionally associated with the sex assigned to that individual at birth.
LABOR ORGANIZATION.
Any organization that exists and is constituted 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 on behalf of employees.
MARITAL STATUS.
The state of being married, single, divorced, separated or widowed.
PERSON.
A natural person, firm, corporation, partnership, association, legal representative, trustee, trustee in bankruptcy, receiver, guardian, conservator or group of persons. It includes the city but does not include state or federal governmental units.
PHYSICAL CHARACTERISTIC
. A bodily condition or bodily characteristic of any person that is from birth, accident or disease, or from any natural physical development, including individual physical mannerisms, including, but not limited to, height and weight.
PHYSICAL CHARACTERISTIC
shall not relate to those situations where a bodily condition or characteristic will present a danger to the health, welfare or safety of any individual.
PLACE OF PUBLIC ACCOMMODATION.
Inns, taverns, hotels, motels, restaurants, wholesale outlets, retail outlets, banks, savings and loan associations, other financial institutions, credit information bureaus, insurance companies, dispensaries, clinics, hospitals, theaters, recreational parks and facilities, trailer camps, garages, public halls and all other establishments within the city which offers goods, services, accommodations and entertainment to the public. A
PLACE OF PUBLIC ACCOMMODATION
does not include any institution, club or other place of accommodation, which by its nature is distinctly private.
RESTRICTIVE COVENANT.
Any specification in a deed, land contract or lease limiting the transfer, rental, lease or other use of any housing.
SEXUAL ORIENTATION.
Actual or perceived heterosexuality, homosexuality or bisexuality.
TRANSGENDERED.
The condition or state wherein a person manifests gender characteristics, behavior or self-identification typical of or commonly associated with persons of another gender, and which may be characterized by assumption of the appearance or other qualities commonly associated with another gender.
TRANSACTION IN REAL ESTATE.
The exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, of any interest in real property or improvements thereon.
(Ord. 50-11, passed 7-19-2011)
With regard to employment, it shall be unlawful for any employers or labor organizations to engage in any of the following acts, wholly or partially, for a discriminatory reason:
(a) To fail to hire, refuse to hire or discharge an individual;
(b) To discriminate against any individual, with respect to compensation, terms, conditions or privileges of employment, including promotion. Nothing in this section shall be construed to require any employer to provide benefits, such as insurance, to individuals not employed by the employer;
(c) To limit, segregate or classify employees in any way which would deprive or tend to deprive any employee of employment opportunities, or which would otherwise tend to adversely affect his or her status as an employee;
(d) To fail or refuse to refer for employment any individual in such a manner that would deprive an individual of employment opportunities, that would limit an individual’s employment opportunities or that would otherwise adversely affect an individual’s status as a prospective employee or as an applicant for employment;
(e) To discriminate against an individual in admission to or employment in, any program established to provide apprenticeship or other job training, including an on-the-job training program;
(f) To print or publish, or cause to be printed or published, any discriminatory notice or advertisement relating to employment. This division shall not be construed so as to expose the person who prints or publishes the notice or advertisement, such as a newspaper, to liability; or
(g) To discriminate in referring an individual for employment whether the referral is by an employment agency, labor organization or any other person.
(Ord. 50-11, passed 7-19-2011) Penalty, see § 101.99
With regard to housing and real estate transactions, it shall be unlawful to engage in any of the following acts, wholly or partially, for a discriminatory reason:
(a) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any transaction in real estate;
(b) To discriminate by imposing different terms on a real estate transaction;
(c) To represent falsely that an interest in real estate is not available for transaction;
(d) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or restriction;
(e) To discriminate in performing, or refusing to perform, any act necessary to determine an individual’s financial ability to engage in a real estate transaction;
(f) For a property manager to discriminate by refusing to provide equal treatment of, or services to, occupants of any real estate which he or she manages;
(g) To make, print or publish, or cause to be made, printed or published, any discriminatory notice, statement or advertisement with respect to a real estate transaction or proposed real estate transaction, or financing relating thereto. This division shall not be construed to prohibit advertising directed to physically disabled persons or persons over the age of 55 for the purpose of calling to their attention the existence or absence of housing accommodations or services for the physically disabled or elderly;
(h) To discriminate in any financial transaction involving real estate, on account of the location of the real estate, be it residential or nonresidential (“red-lining”);
(i) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an employee of any of these or any other person, for the purposes of inducing a real estate transaction from which such person may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to age, race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation or physical characteristic of the owners or occupants in the block, neighborhood or area in which the real property is located, or to represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood or area in which the real property is located (“block-busting”);
(j) Notwithstanding the provisions of divisions (a) through (h) above, it shall not be an unlawful discriminatory practice for an owner to limit occupancy on the basis of a person’s low-income, age over 55 years or disability status in accordance with federal or state law; or
(k) Notwithstanding the provisions of divisions (a) through (h) above, it shall not be an unlawful discriminatory practice for an owner, lessor or renter to refuse to rent, lease or sublease a portion of a single-family dwelling unit to a person as a tenant, roomer or boarder where it is anticipated that the owner, lessor or renter will be occupying any portion of the single-family dwelling, or to refuse to rent, lease or sublease where it is anticipated that the owner, lessor or renter will be sharing either a kitchen or a bathroom with the tenant, roomer or boarder.
(Ord. 50-11, passed 7-19-2011) Penalty, see § 101.99
It shall be unlawful for a business establishment or place of public accommodation to engage in any of the following acts, wholly or partially, for a discriminatory reason:
(a) To deny, directly or indirectly, any person the full enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment or place of public accommodation; or
(b) To print, publish, circulate, post or mail, directly or indirectly, a statement, advertisement or sign which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a business establishment or place of public accommodation will be unlawfully refused, withheld from or denied an individual, or which indicates that an individual’s patronage of, or presence at, the business establishment or place of public accommodation is objectionable, unwelcome, unacceptable or undesirable.
(Ord. 50-11, passed 7-19-2011) Penalty, see § 101.99
It shall be unlawful for an educational institution to engage in any of the following acts, wholly or partially, for a discriminatory reason:
(a) To deny, restrict, abridge or condition the use of, or access to, any educational facilities or educational services to any person otherwise qualified;
(b) Notwithstanding the provisions of division (a) above it shall not be an unlawful discriminatory practice to limit attendance in classes or programs conducted by an educational institution based upon a reasonable educational objective, except where to do so would otherwise violate a duty imposed upon the institution by federal or state law to provide reasonable accommodation; or
(c) Notwithstanding the provisions of division (a) above, it shall not be an unlawful discriminatory practice for an educational institution operated by a religious or denominational institution, or established for a bona fide religious purpose, to admit students or program attendees on the basis of that student’s or attendee’s religious or denominational affiliation or preference.
(Ord. 50-11, passed 7-19-2011) Penalty, see § 101.99
(a) The city shall be bound by the provisions of this chapter to the same extent as private individuals.
(b) All contractors proposing to, or currently doing business with, the city shall abide by this chapter.
(Ord. 50-11, passed 7-19-2011)
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