(a) Civil Rights Declared. The right of an otherwise qualified person to be free from discrimination because of that person's real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status is recognized as and declared to be a civil right. This right shall include, but not be limited to, all of the following:
(1) The right to obtain and hold employment and the benefits associated therewith without discrimination.
(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any public accommodation without discrimination.
(3) The right to engage in property transactions, including obtaining housing for rental or sale and credit therefor, without discrimination.
(4) The right to exercise any right granted under this article without suffering coercion or retaliation.
(b) Exceptions. Notwithstanding the foregoing, the following are not discriminatory practices prohibited by Section 175.09(a)(1) to (3):
(1) A religious corporation, association, or society that employs an individual of a particular religion to perform work connected with the performance of religious activities by the corporation, association, or society.
(2) An employer who observes the conditions of a bona fide affirmative action plan or a bona fide seniority system which is not a pretext to evade the purposes of this article.
(c) Enforcement. A violation of this article constitutes a civil infraction and can be enforced by a private right of action.
(1) There is hereby .established in the City of Fairmont a private right of action for individuals who are aggrieved of any of the unlawful discriminatory practices described in Section 175.09(a) of this article. Plaintiff may file a complaint in Marion County Circuit Court, in compliance with the relevant rules of that Court. and must show through clear and convincing evidence that the defendant committed an unlawful discriminatory practice as described in Section 175.09(a)(1) to (3).
(d) Other Remedies. This article may not be construed to limit any other remedies available under local, state, or federal law.
(Ord. 1977. Passed 12-13-22.)