Any employee, applicant, or other person who feels that he has been a victim of discrimination on the basis of race, religion, color, national origin, sex, age, or disability under federal, state, or local enactments, of the city's policy governing the conditions of employment, may file a complaint. Discrimination may be found in practices pertaining to hiring, placement, promotion, transfer, recruitment, termination, selection for training or benefits, and level of pay. Discrimination is not limited to these areas. The charging party may file either an informal or formal grievance. At any stage in the presentation of the complaint, including the information procedure, the complainant shall have the right to be accompanied, represented and advised by a representative or an attorney of his own choice. The complainant shall have a reasonable official time to present the complaint.
(A) Informal grievance of complaint procedure.
(1) Any employee or applicant for employment, program, participant, or application for program participation or benefits, either directly or indirectly, who believes that he has encountered discrimination on the basis of race, color, sex, religion, age, national origin, political affiliation, or belief, may first consult with his immediate supervisor, prior to filing a grievance or a formal complaint.
(2) In the event that the informal complaint is not resolved in subsection (1), the complainant will consult with the Mayor and Department Head. The Mayor will utilize all methods of assistance at his disposal (e.g., investigation, mediation, arbitration, etc.) in an effort to informally resolve the matter.
(3) In the event the matter is not resolved in subsection (2), the complainant may request a hearing before the Mayor and City Council whose decision with regard to the informal complaint procedures shall be final.
(B) Formal grievance or complaint procedure.
(1) Any person who believes that he has been discriminated against by reason of race, color, sex, creed, or national origin in connection with any personnel action taken by or under the authority of the city, shall be advised of his rights under this section, including the right to seek advice and conciliation through the Mayor.
(2) The aggrieved party shall, within fifteen (15) days of the action giving rise to his complaint, submit his complaint, in writing, to the Mayor.
(3) The Mayor shall conduct such investigation as he deems appropriate in the circumstances.
(4) If the Mayor is unable to effect a satisfactory resolution of the matter through conciliation, he shall complete his initial investigation and forward his recommendation to the Equal Opportunity Review Board (Human Rights Commission).
(5) The Equal Opportunity Review Board shall refer the report on the Mayor's initial investigation and his recommendations to legal counsel, who shall review the evidence in the file and the recommendations in light of the policy of § 27.100, and pertinent laws and regulations, and submit his review and recommendations to the Equal Opportunity Review Board. Such recommendations by legal counsel may include recommendations as to matters of fact, law, and appropriate actions to be taken.
(6) The Equal Opportunity Review Board shall review the initial report and recommendations of the Mayor, and legal counsel's review and recommendations thereon, and take one (1) of the following actions:
(a) Render a decision in favor of the complainant and direct the Mayor to take necessary corrective action;
(b) Determine that further investigation of the matter is required and refer the matter to the Hearing Officer for formal investigation; or
(c) Render a decision against the complainant and advice the complainant of his right to a hearing.
(7) If the complainant requests a hearing, the Equal Opportunity Review Board will refer the matter to a hearing officer designated pursuant to § 27.103(B), for formal investigation.
(8) The Equal Opportunity Hearing Officer shall conduct a hearing on complaint cases referred to him, to discover all pertinent facts bearing on the complaint of discrimination. The complainant shall have the right to be represented at the hearing by counsel of his choice. During the hearing, the rules of evidence will be relaxed; irrelevant or unduly repetitious evidence will be excluded. The complainant, his legal counsel, and legal counsel for the city shall be given the opportunity to cross examine witnesses who appear and testify. Testimony will be under oath or affirmation. A summary of record of the proceedings shall be made.
(9) The hearing officer will weigh the evidence presented before him, prepare findings of acts, conclusion of law, and a recommended decision, including appropriate corrective action, if any is indicated. The findings of acts, conclusion of law, and recommended decision shall be forwarded to the legal counsel for review, recommendations, and subsequent submission to the Equal Opportunity Review Board.
(10) The legal counsel shall review, for legal sufficiency, the record of the proceedings and the officer's findings of facts, conclusion of law, and recommended decisions, and shall prepare his advice and recommendations for the Equal Opportunity Review Board and submit the entire file to the Board for initial decision.
(11) The Equal Opportunity Review Board shall review the record of the proceedings, the hearing officer's findings of facts, conclusions of law, and recommended decision, and the legal counsel's advice and recommendation thereon, and make a final decision on the complaint. The decision of the Equal Opportunity Review Board shall be in writing, shall determine whether discrimination has occurred, shall contain findings of fact and reasons for decision, and shall direct such remedial action as it deems to be required to effectuate the policy in § 27.100.
(12) A copy of the decision shall be furnished to the complainant.
(13) The following chart illustrates the various law, orders, and resolutions under which a complaint may be brought and the appropriate forum for the complaint:
Authority for Complaint | Forum |
Authority for Complaint | Forum |
Affirmative Action Plan | Mayor and/or Human Rights Commission |
Resolution to implement the state statute relative to Equal Employment Opportunities | Human Rights Commission |
Kentucky Sabbath Employment Act | Kentucky Department of Labor |
Anti-discrimination laws because of race, sex, or age | Kentucky Commission on Human Rights |
Title VII of Civil Rights Act of 1964(as amended by Equal Employment Act of 1972) | Equal Employment Opportunity Commission; Justice Department - (court action) private suit |
*Title VI of Civil Rights Act of 1964 | Department of HUD, Equal Opportunity Division |
*Title VIII of Civil Rights Act of 1964 | Department of HUD, Equal Opportunity Division |
*Executive Orders 11246 and 11063, as amended | Department of Labor, Office of Federal Contract Compliance |
Equal Pay Act | Department of Labor, Wage and Hour Division |
Age Discrimination Act of 1968 | Department of Labor, Wage and Hour Division |
*Rehabilitation Act of 1973 | Department of Labor, Employment Standards Administration |
*Vietnam Era Veterans Readjustment Act of 1974 | Department of Labor, Veteran's Employment Service |
State and Local Fiscal Assistance Act of 1972 | Department of Labor, Office of Revenue Sharing |
*Section 109 Housing and Community Development Act of 1974 | Department of Housing and Urban Development, Equal Opportunity Division |
Civil Rights Act of 1866, 1870, 1971 | Private suit |
United States Constitution, 13th, 14th, 5th Amendments | Private suit |
*Omnibus Crime Control and Safe | Department of Justice Streets Act of 1968, LEAA |
*Departments receiving federal assistance
(Ord. - -, passed 11-13-79)