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(A) Any person claiming a violation of this subchapter shall file a signed, written complaint with the Village Manager setting forth the details, including the names, dates, witnesses, and other factual matters relevant to the claim, within 180 days of the incident forming the basis of the complaint.
(B) No person shall provide false information to any authorized village official investigating a complaint regarding a violation of this subchapter.
(C) Within 30 days of a written complaint being filed, the Village Manager or his or her designee shall review the complaint and undertake an investigation of any complaint alleging a violation of this subchapter not currently recognized or proscribed by Michigan or federal anti-discrimination statutes, and cause all other complaints to be referred to an appropriate state or federal agency for review.
(D) In the course of the investigation, the Village Manager may request a person to produce books, papers, records, or other documents which may be relevant to a violation or alleged violation of this subchapter. If said person does not comply with such request, the Village Attorney may apply to the Oakland County District Court for an order requiring production of the requested materials.
(E) After the completion of an investigation, the Village Manager or his or her designee shall provide written notice of the results of the investigation to the person filing the complaint and to the person accused of the violation. If the investigation establishes that a violation of this subchapter occurred, the Village Manager or his or her designee shall, by using informal methods of conference, conciliation and persuasion, endeavor to work with the person filing the complaint and the accused person to correct the violation or prevent a further violation from occurring. During the course of informal negotiations, the village may enter into a conciliation agreement with the person accused of the violation whereby said individual shall agree to methods of terminating discrimination or to reverse the effects of past discrimination. A violation of a conciliation agreement shall be a violation of this subchapter. The Village Attorney may commence a civil action to enforce a conciliation agreement.
(F) If, after 90 days, the Village Manager or his or her designee is unable through informal methods to resolve the violation or prevent further violations, the Village Manager or his or her designee shall cause a civil infraction citation to issue to the person accused of the violation and shall refer the matter to the Village Attorney to prosecute the violation as a municipal civil infraction.
(Ord. 6.18, passed 9-26-16)
Notwithstanding anything contained in this subchapter, the following practices shall not be violations of this subchapter:
(A) For a religious organization or institution to restrict any of its housing facilities or accommodations which are operated as a direct part of religious activities to persons of the religion involved or to restrict employment opportunities for officers, religious instructors and clergy to persons of that religion. It is also permissible for a religious organization to restrict employment opportunities, educational facilities, housing facilities, and homeless shelters or dormitories that are operated as a direct part of its religious activities to persons who are members of that religious organization.
(B) For the owner of an owner-occupied one-family or two-family dwelling, or a housing facility or public accommodation facility, respectively, devoted entirely to the housing and accommodation of individuals of one gender, to restrict occupancy and use on the basis of gender.
(C) To limit occupancy in a housing project or to provide public accommodations or employment privileges or assistance to persons of low income, persons over 55 years of age, or disabled persons.
(D) To engage in a bona fide effort to establish an affirmative action program to improve opportunities in employment for minorities and women consistent with applicable state and federal law.
(E) To discriminate based on a person's age when such discrimination is required by state, federal or local law.
(F) To refuse to enter a contract with an unemancipated minor.
(G) To refuse to admit to a place of public accommodation serving alcoholic beverages a person under the legal age for purchasing alcoholic beverages.
(H) To refuse to admit persons under 18 years of age to a business providing entertainment or selling literature which the operator of said business deems unsuitable for minors.
(I) For an educational institution to limit the use of its facilities to those affiliated with such institution.
(J) To provide discounts on products or service to students, minors and senior citizens.
(K) To discriminate in any arrangement for the shared ownership, lease, or residency of a dwelling unit in which the person acting is one of the sharing parties.
(L) To restrict use of lavatories and locker room facilities on the basis of gender.
(M) For a governmental institution to restrict any of its facilities or to restrict employment opportunities based on duly adopted institutional policies that conform to federal and state laws and regulations.
(N) To restrict participation in an instructional program, athletic event, or on an athletic team on the basis of age, gender, height, or weight.
(O) To restrict membership in a private club that is not open to the public except to the extent that private clubs which permit members to invite guests on the premises are not exempted as it concerns a member's guest.
(P) To restrict employment opportunities with respect to members of one's family.
(Q) To provide for marital or family status limitations in a health or pension plan if such limitations conform to federal and state laws and regulations.
(Ord. 6.18, passed 9-26-16)
Nothing contained in this subchapter shall be construed to limit in any way the remedies, legal or equitable, which are available to the village or to the person claiming a violation of this subchapter for the prevention or correction of discrimination.
(Ord. 6.18, passed 9-26-16)
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