(A) The City of Lawrence shall not discriminate on the basis of race, religion, color, sex, national origin, ancestry, age, disability, United States military service veteran status, sexual orientation or gender identity against any person or persons in the recruitment or hiring of employees, in any personnel transaction, in the provision of government services, in the accessibility of City programs and facilities or in the solicitation of bids or the award of public contracts.
(B) All complaints of discrimination against any official, office or personnel of the City of Lawrence shall be referred to the Board of Public Works and Safety, which shall promptly consider and take the actions as may be appropriate to ensure compliance with division (A) above. By December 31, 2021, and annually thereafter, the Board of Public Works and Safety shall report to the Common Council all matters under which it has taken investigation under this section.
(C) Every contract to which one of the parties is the City, or any board, department or office of the City, including franchises granted to public utilities, shall contain a provision requiring the governmental contractor and subcontractors not to discriminate against any employee or applicant for employment in the performance of the contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability, and United States military service veteran status. Breach of this provision may be regarded as a material breach of the contract.
(D) For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISABILITY. That term as defined in the Americans with Disabilities Act ("ADA"), as that Act may be amended from time to time, and as that definition may be interpreted by the federal courts. To the extent that the ADA would require a person to be a "qualified individual with a disability" in order to be protected from a specific form or type of discrimination under the ADA, then the same is true with respect to this section.
DISCRIMINATORY PRACTICE. Includes the following:
(a) The exclusion from or failure or refusal to extend to any person equal opportunities or any difference in the treatment of any person by reason of race, sex, sexual orientation, gender identity, religion, color, national origin or ancestry, disability, age, or United States military service veteran status;
(b) The exclusion from or failure or refusal to extend to any person equal opportunities or any difference in the treatment of any person, because the person filed a complaint alleging a violation of this section, testified in a hearing before any members of the Board or otherwise cooperated with the office or Board in the performance of its duties and functions under this section, or requested assistance from the Board in connection with any alleged discriminatory practice, whether or not such discriminatory practice was in violation of this section.
GENDER IDENTITY. An individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior different from those characteristics traditionally associated with the individual's assigned sex at birth.
SEXUAL ORIENTATION. An individual's actual or perceived identity or practice as a lesbian woman, gay male, bisexual person or heterosexual person.
(Am. Ord. 13, 2020, passed 11-18-2020)