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It shall be an unfair employment practice:
(a) For any employer, because of the race, color, religion, ancestry or national origin of any individual, to refuse to hire or otherwise to discriminate against him with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment.
(b) For any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting through a quota system or otherwise, employment or membership opportunities to any group because of its race, color, religion, ancestry or national origin.
(c) Except where based on a bona fide occupation qualification for any employer, employment agency or labor organization prior to employment or admission to membership, to:
(1) Make any inquiry concerning, or record of, the race, color, religion, ancestry or national origin of an applicant for employment or membership;
(2) Use any form of application for employment or personnel or membership blank containing questions or entries regarding race, color, religion, ancestry or national origin;
(3) Cause to be printed, published or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination, based upon race, color, religion, ancestry or national origin.
(d) For any employment agency to fail or refuse to classify properly, refer for employment or otherwise to discriminate against any individual because of his race, color, religion, ancestry or national origin.
(e) For any labor organization to discriminate against any individual or to limit, segregate or classify its membership in any way which would tend to deprive such individual of employment opportunities or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment or would affect adversely his wages, hours or employment, conditions, because of such individual's race, religion, color, ancestry or national origin.
(f) For any employer, employment agency or labor organization to penalize or discriminate in any manner against any individual because he has opposed any practice forbidden by this chapter.
(g) For any persons to aid, abet, incite, compel or coerce the doing of any act declared herein to be an unfair employment practice or to obstruct or prevent any person from complying with the provisions of this chapter or to attempt directly or indirectly to commit any act declared by this section to be an unfair employment practice.
(Ord. 563. Passed 3-14-51.)
(a) A Fair Employment Practice Committee, consisting of seven electors of the Village to be appointed by the Mayor, is hereby created. The members of such Committee shall serve without compensation but shall be reimbursed for all necessary expenses. Each member of the Committee shall serve for a period of three years and until his successor is duly appointed and qualified, except that of the original seven members, two shall be appointed for a term of one year and two for a term of two years. Any member of the Committee may be removed by the Mayor upon notice and a hearing for negligence of duty or malfeasance in office, but for no other cause. All vacancies shall be filled by appointment by the Mayor for the unexpired term. The Committee shall elect its own officers and adopt such regulations as may be necessary to carry out the functions of the Committee and effectuate the purposes and provisions of this chapter.
(b) The Council shall provide such personnel as may be necessary and required for the enforcement of all provisions of this chapter and whatever facilities, services and supplies may be necessary to the Committee for the carrying out of its duties and functions as herein prescribed.
(c) The Committee may use such services and facilities of the Village and State agencies as may be made available and such voluntary and uncompensated services and facilities as may from time to time be needed and offered. The Village Solicitor shall act as legal advisor to the Committee.
(Ord. 563. Passed 3-14-51.)
The Committee is hereby authorized to and shall:
(a) Receive, investigate and seek to adjust all complaints of unfair employment practices forbidden by this chapter;
(b) Make appropriate findings as a result of its investigations;
(c) Study the problem of discrimination in employment because of race, color, religion, ancestry or national origin, foster through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the population and formulate and carry out a comprehensive and educational program designed to eliminate and prevent prejudice and discrimination based upon race, color, religion, ancestry or national origin.
(Ord. 563. Passed 3-14-51.)
(a) In the performance of its duties under this chapter, the Committee, or any member thereof, is hereby authorized to make such investigations as it deems necessary and proper, to examine any persons, under oath or otherwise, to inspect all books, records or memoranda pertinent to the investigation, and for this purpose to require by subpoena, to be served in the same manner that a summons is served in a civil action in a Court of Common Pleas, the production books, paper and records and the attendance of all persons, whether parties or witnesses, to testify before the Committee or any member thereof. A failure or refusal to comply with such subpoena shall constitute a violation of this chapter punishable as provided in Section 153.99
. Each day of such failure or refusal shall be a separate offense.
(b) Whenever it is charged, or the Committee has reason to believe that any person has engaged or is engaging in any unfair employment practice, it, or any member thereof, may make such investigation as is deemed proper and may issue and cause to be served upon such person, hereinafter referred to as the respondent, a complaint stating the charges in respect and containing a notice of hearing before the Committee or a member thereof at a place therein fixed not less than ten days after the service of such complaint. The respondent shall have the right to file an answer to the complaint and to appear at such hearing in person, by attorney, or otherwise, to examine and cross-examine witnesses. If, upon all the evidence, the Committee shall find that the respondent has engaged or is engaging in any unfair employment practice, the Committee shall state its findings of fact supporting the same and shall certify the case and the entire record of its proceedings to the Village Solicitor for legal action. If the Committee, prior to the commencement of proceedings under Section 153.99
, as a result of its efforts of adjustment or otherwise, finds that the respondent has ceased such unfair employment practice, no certification of such proceedings shall be made to the Village Solicitor unless the Committee finds such respondent again engaging in an unfair employment practice, in which case both findings shall be certified to the Village Solicitor.
(c) Whenever the Committee finds any official, agent or employee of the Village has engaged in any unfair employment practice, it shall recommend appropriate action to the Mayor.
(d) Whenever the Committee finds any person operating an enterprise which solicits or accepts the custom of the public generally and which is operated under a privilege hereafter granted by the Village, has engaged or is engaging in any unfair employment practice with respect to employment within such enterprise, it shall report the same to the agency of the Village which granted such privilege, which agency may suspend such privilege for not more than ten days. When the Committee finds that such a person has committed further unfair employment practices subsequent to such finding, it shall report the same to such agency and a second violation shall constitute a grounds for which such agency may, in its discretion, suspend or revoke such privilege for not to exceed one year.
(e) Every contract hereinafter awarded by this Village or any of its contracting agencies, shall contain a provision obligating the contractor not to engage in any conduct defined as unfair employment practice in Section 153.03
, and requiring such contractor to include a similar provision in all of his subcontracts. Breach of this convenant may be regarded as a material breach of the contract.
(Ord. 563. Passed 3-14-51.)