HUMAN RELATIONS COMMISSION

§ 37.01 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACQUISITION OF REAL ESTATE. The sale, rental, lease, sublease, construction or financing, including negotiations and other activities or procedures incident to:

      (1)   Any building, structure, apartment, single room or suite of rooms or other portion of a building or occupancy as living quarters; or

      (2)   Any building, structure or portion thereof, or any improved or unimproved land utilized or designed or intended for utilization for business, commercial, industrial or agricultural purposes; or

      (3)   Any vacant or unimproved land offered for sale or lease for any purpose whatsoever.

   AFFIRMATIVE ACTION. Those acts which the Commission deems necessary to insure compliance with the City Human Relations ordinance or Affirmative Action Program.

   ANCESTRY. Both the country from which a person’s ancestors came and the citizenship of a person’s ancestors.

   COMMISSION. The City Human Relations Commission.

   COMMISSION ATTORNEY. The City Attorney or such assistants of the City Attorney as may be assigned to the Commission or any other attorney engaged by the Commission or voluntarily lend his or her services to the Commission.

   COMPLAINANT. Any individual claiming on his or her own behalf to have been personally aggrieved by a discriminatory practice or the Director or a Commissioner of the City Human Relations Commission charging that a discriminatory practice was committed against a person other than himself or herself or a class of people in order to vindicate the public policy of the state as defined in I.C.-22-9-1-2 and the public policy of the city as defined in this subchapter.

   COMPLAINT. Any written grievance filed by a complainant with the Commission. The original shall be signed and verified before a Notary Public or another person duly authorized by law to administer oaths and take acknowledgments. The Commission shall furnish notarial service without charge.

   CONSENT AGREEMENT. A formal agreement entered in to in lieu of adjudication.

   DIRECTOR. The executive director of the City Human Relations Commission.

   DISCRIMINATORY PRACTICE. The exclusion of a person from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry; or a system which excludes persons from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry.

   EDUCATIONAL INSTITUTION. All public and private schools and training centers, except universities supported in whole or in part by state funds.

   EMPLOYEE. Any person employed by another for wages or salary. The term shall not include any individual employed by his or her parents, spouse or child or in the domestic service of any person.

   EMPLOYER. The city and any other governmental organization or department and any person employing six or more employees within the city.

   EMPLOYMENT AGENCY. Any person undertaking with or without compensation to procure, recruit, refer or place employees.

   HANDICAP or HANDICAPPED. The physical or mental condition of a person which constitutes a substantial disability. In reference to employment, under I.C. 22-9-1-1 through 22-9-1-13, inclusive, the terms shall mean the physical or mental condition of a person which constitutes a substantial disability unrelated to that person’s ability to engage in a particular occupation. To be classified as HANDICAPPED, a person shall be certified by the Vocational Rehabilitation Division, Indiana Rehabilitation Services.

   HEARING OFFICER. Any Commissioner appointed by the Chairperson of the Commission to determine the question of probable cause in a complaint or to rule on any objections to consent agreements approved by the Director and the respondent.

   LABOR ORGANIZATION. Any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms of conditions of employment or for mutual aid or protection in relation to employment.

   LENDING INSTITUTION. Any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of making or guaranteeing loans secured by real estate or an interest therein.

   NATIONAL ORIGIN. Both the country from where a person came and the citizenship of a person’s ancestors.

   PUBLIC ACCOMMODATION. Any establishment which offers its services, facilities or goods to the general public, which also includes public transportation.

   RESPONDENT. One or more persons against whom a complaint is filed under this subchapter and who the complainant has alleged to have committed or is committing a discriminatory practice.

   SEX. As applied to discrimination or separation in this subchapter shall apply to all types of employment, education, public accommodations and housing. It shall not be a discriminatory practice:

      (1)   To maintain separate restrooms or dressing rooms;

      (2)   For any employment agency to classify or refer for employment any individual, or for an employer, labor organization or joint labor management committee controlling apprenticeship or other training or retaining programs to admit or employ an individual in any such program on the basis of sex in those certain instances where sex is a bona fide occupational requirement reasonably necessary to the normal operation of that particular business; or

      (3)   For a religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.

(1985 Code, § 22-9-1-12.1(a)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)

§ 37.02 PUBLIC POLICY AND PURPOSE.

   (A)   It is the public policy of the city to provide all its citizens equal opportunity for education, employment, access to public conveniences and accommodations and acquisition through purchase or rental of real property, including, but not limited to housing, and to eliminate discrimination or separation based on race, religion, color, sex, handicap, national origin or ancestry, since such discrimination is an impediment to equal opportunity. Equal education employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are civil rights.

   (B)   The practice of denying these rights to properly qualified persons because of race, religion, color, sex, handicap, national origin or ancestry is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of the city and shall be deemed discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, handicap, national origin or ancestry is the purpose of this subchapter.

   (C)   It is also the public policy of the city to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders and lending institutions from unfounded charges of discrimination.

   (D)   It is contrary to the public policy of the city and a discriminatory practice for any owner, real estate broker, salesperson or any other person or agent thereof:

      (1)   To refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, national origin or handicap;

      (2)   To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the providing of services or facilities in connection therewith, because of race, color, religion, sex, national origin or handicap;

      (3)   To make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, national origin or handicap;

      (4)   To represent to any person because of race, color, religion, sex, national origin or handicap that dwelling is not available for inspection, sale or rental when such is in fact so available;

      (5)   To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex or national origin.

   (E)   It is contrary to the public policy of the city and a discriminatory practice for any person whose business consists in the making of real estate loans to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him or her in fixing the amount, interest rate, duration or other terms or conditions of that loan or other financial assistance, because of race, color, religion, sex or national origin of that person or of any person associated with him or her in connection with such loan or other financial assistance or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which that loan or other financial assistance is to be made or given.

   (F)   It is contrary to the public policy of the city and a discriminatory practice for any person to deny any person access to or memberships or participation in any multiple-listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate against him or her in the terms or conditions of that access, membership or participation on account of race, color, religion, sex or national origin.

   (G)   It is against the public policy of the city and a discriminatory act for any lending institution, including government agencies, to discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing unit because of the geographical location of property or race, color, sex, handicap, national origin or ancestry of any prospective buyer or seller.

(1985 Code, § 22-9-1-12.1(b)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)

§ 37.03 COMMISSION CREATED, MEMBERSHIP, TERMS.

   (A)   The City Human Relations Commission is established. The Commission shall be composed of nine members serving without compensation and representative of the racial, religious, sexual, handicap, economic and educational groups in the city. Six members shall be appointed by the Mayor with the approval of the Council and three shall be appointed by Council. Of the nine members first appointed, three shall be appointed for one year, three for two years and three for three years. Each subsequent appointment shall be for a term of three years.

   (B)   Commission members shall be eligible for appointment to no more than three consecutive terms. If a member vacates his or her seat, a successor shall be appointed to serve for the unexpired period of the term for which the member was appointed. The Mayor may remove Commission members for cause. Failure to attend three consecutive meetings shall be cause for removal.

   (C)   No Commissioner shall participate in any case which he or she has any financial interest and shall be disqualified from participation in any case under investigation.

   (D)   The Commission shall elect from its membership at its annual meeting a Chairperson, Vice-Chairperson, Financial Advisor and Secretary.

   (E)   A quorum consisting of five Commissioners shall be present at all meetings in order to conduct business.

   (F)   The expenses for carrying out the activities of the Director and Commission shall be paid out of the City Treasury and from other funding sources upon the approval of Council.

(1985 Code, § 22-9-1-12.1(c)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)

§ 37.04 POWERS AND DUTIES.

   The Commission shall have the following powers and duties:

   (A)   To establish and maintain a permanent office in the city;

   (B)   To appoint an Executive Director who shall be compensated for his or her services and to retain other employees appointed by the Director;

   (C)   To set out rules, regulations and guidelines for the operation of the office and duties and responsibilities of the Director, staff and employees;

   (D)   To create subcommittees and advisory committees as in its judgment will aid in effectuating the purpose of this subchapter;

   (E)   To issue publications and results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, religion, color, sex, handicap, national origin or ancestry;

   (F)   To initiate or receive charges of discriminatory practices or complaints. Upon the request of the complainant, the Commission or staff shall aid the complainant in drafting the complaint. To be acceptable to the Commission, a complaint shall be sufficiently complete so as to reflect properly the name, address and telephone (if any) of the complainant; the name, address and telephone (if any) of the respondent against whom the complaint is made; the alleged discriminatory practice and a statement of particulars thereof; the date or dates and places of the alleged discriminatory practice; if it is of a continuing nature, the dates between which those continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as alleged in the complaint, together with a statement as to the status or disposition of those other actions. No complaint shall be valid unless filed within 90 days after the occurrence of the alleged discriminatory practice or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer or labor union. No complaint shall be filed both with the city and with the state;

   (G)   To receive and investigate charges of discriminatory practices of complainants. All investigations of complaints shall be conducted by the Director or staff members of the City Human Relations Commission. The Director and staff shall make reasonable effort to conciliate all issues raised during the investigation of the case. The Director or staff members who conduct an investigation shall not communicate their opinion and recommendations to the Commissioners who may ultimately adjudicate the complaint. When that investigator is unable to conciliate the complaint, and facts are sufficient enough to support a finding of probable cause, the investigator shall refer the case to three Commissioners appointed as hearing officers on a rotating basis by the Chairperson of the Commission or his or her designee, who shall receive the case and make their determination of probable cause or no probable cause. If the recommendation of two of the three hearing officers is that probable cause exists, that finding shall be made, and the complainant and respondent shall be furnished with a copy of the findings of fact and recommendations. If no conciliation agreement is reached, the case then is referred to the Commission for public hearing. When the recommendation after the investigation is that no probable cause exists, the complainant shall be given ten days to make a written request, with the reasons therefore, to the Commission for review of the finding. Upon the receipt of the request for review, the Chairperson shall appoint a Commissioner to review that request. Whenever that Commissioner is named for the purpose of reviewing a request for reconsideration by the complainant, that Commissioner shall be disqualified from any further participation in that case. The Commissioner chosen shall not be one of the three hearing officers, except as a witness at a public hearing on the complaint. However, if a Commissioner’s previous disqualification would deprive the Commission of a quorum or majority, the Chairperson shall designate which Commissioners need not be disqualified. If the reviewing Commissioner shall reach the same decision as the three appointed probable cause hearing officers; the decision shall be final upon approval by a majority vote of the Commissioners who are qualified to participate in the final decision;

   (H)   To prevent any person from discharging, expelling or otherwise discriminating against any other person because he or she filed a complaint or testified in any hearing before the Commission or in any way assisted the Commission in any matter under its investigation;

   (I)   To issue a temporary emergency order against any person requiring that person to do an act preserving the possibility of a remedy during the investigation or to refrain from doing an act damaging the possibility of a remedy during the investigation of the complaint. However:

      (1)   No emergency order shall be issued unless a time and place for hearing on temporary order is designated in the order;

      (2)   The hearing on the temporary emergency order shall be held within ten days following the issuance of the temporary order, unless continued by the Commission at the request of the respondent. At that hearing the complainant shall show that a failure to continue the temporary order would damage his or her remedy. The Commission shall thereupon weigh the comparative hardship to complainant and respondent and issue a decision continuing or terminating the temporary emergency order, pending final deposition of the complaint. If the respondent waives that hearing without prejudice to his or her defense of the matters charged in the complaint, the temporary order shall remain in effect pending final disposition of the complaint;

      (3)   The Commission may by rule provide for issuance of its temporary order and may compel compliance with any temporary order by bringing an action in the County Circuit or Superior Court for prohibitory or mandatory injunction upon showing that the person is subject to the Court’s jurisdiction, resides or transacts business within the city, the proceeding is brought and that the injunction is necessary to protect the complainant’s rights until his or her complaint is resolved through conciliation or public hearing;

   (J)   To reduce the terms of conciliation agreed to by the parties a written consent agreement, which the parties and a majority of the Commission shall sign. When so signed, the consent agreement shall have the same effect as a cease and desist order pursuant to subsection (L) below. If the Commission determines that a party to the consent agreement is not complying with it, the Commission may obtain enforcement of the consent agreement in the County Circuit or Superior Court upon showing that the party is not complying with the consent agreement, that the party is subject to the Commissions’s jurisdiction and resides or transacts business within the city;

   (K)   (1)   To hold hearings, administer oaths, take testimony of any person under oath, subpoena the attendance of witnesses and the production for examination of all pertinent documents and records relating to any matter under investigation or in question before the Commission, examine witnesses, appoint a hearing officer or panel, make findings and recommendations, issue cease and desist orders requiring remedial action and institute actions for appropriate legal or equitable relief in the County Circuit or Superior Court. The Commission shall make rules governing the issuance of subpoenas by individual commissioners. Contumacy or refusal to obey a subpoena or temporary emergency order issued under this subchapter shall be deemed an ordinance violation. Any person who commits such an ordinance violation shall, upon conviction, be fined as set forth in § 10.99.

      (2)   Each day any violation continues shall be deemed a separate offense. Any fines collected under this subchapter shall be deposited in the City General Fund. The payment of that penalty by a party shall not impair the ability of the Commission to grant affirmative relief and compensatory damages to the complainant, should justice so require.

   (L)   Enforcement:

      (1)   To state its findings of fact after hearing and, if a majority of the Commissioners who hear the case finds that a person has engaged in a discriminatory practice prohibited by this subchapter, the Commission shall cause to be served on the person an order requiring the person to cease and desist from that discriminatory practice and requiring that person to take further affirmative action necessary to effectuate the purpose of this subchapter;

      (2)   If unlawful employment discrimination is found, an order shall be issued requiring the respondent to take affirmative action, including, but not limited to hiring, reinstatement and upgrading of employees or persons deprived of employment, with or without compensatory or actual damages for the denial of equal opportunity to the complainant;

      (3)   If unlawful housing or acquisition of real property discrimination is found, an order may be issued requiring a respondent to take affirmative action, including, but not limited to renting, selling or leasing to a person deprived of equal opportunity. Compensation for the denial of equal opportunity shall be allowed within the discretion of the Commission;

      (4)   If unlawful public accommodation discrimination is found, an order shall be issued requiring respondent to take affirmative action, including, but not limited to providing services, goods or access to property, instatement to membership, reinstatement to membership, posting of notice that a facility is a public accommodation, with or without compensatory or actual damages for complainant’s being denied equal opportunity;

      (5)   If unlawful education discrimination is found, an order shall be issued requiring the respondent to take those remedial measures as are consistent with state law;

      (6)   If, upon all the evidence, the Commission shall find that a person has not engaged in any violation of this subchapter, the Commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing that complaint as to that person;

      (7)   Judicial review of any cease and desist order, other final order or other affirmative action or damages as referred to in this subchapter shall be obtained by appropriate action in the County Circuit or Superior Courts. The scope of review shall be in accordance with the provisions set out in I.C. 4-22-2, as amended. If no proceeding to obtain judicial review is instituted within 30 days from the receipt of notice by a person that the order has been made by the Commission, the Commission, if it determines that the person upon whom the cease and desist order has been served is not complying or is making no effort to comply, may obtain a decree of a court for the enforcement of that order in the County Circuit or Superior Court upon showing that the person is subject to the Commission’s jurisdiction and resides and transacts business within the city or may request the City Attorney, Commission Attorney or attorney representing to seek that enforcement;

   (M)   To conduct programs and activities within the city in furtherance of the purposes of the Commission provided for in this subchapter.

(1985 Code, § 22-9-1-12.1(d)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)

§ 37.05 AFFIRMATIVE ACTION BY CITY CONTRACTORS.

   (A)   All contractors doing business with the city except those specifically exempted by regulations promulgated by the Commission and approved by the Council shall take affirmative action to insure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity and tends to eliminate inequality based upon religion, race, color, sex, handicap, national origin or ancestry. Affirmative action shall include but not be limited to the issuance of a statement of policy regarding equal employment opportunity and its communication to all personnel involved in recruitment, hiring, training, assignment and promotion; notification of all employment sources of company policy and active efforts to review the qualifications of all applicants regardless of race; religion, color, sex, handicap, national origin or ancestry; recruiting in the minority group community for employment; and establishing an internal system of reporting concerning equal employment, recruiting, hiring, training and upgrading.

   (B)   Each contractor shall submit to the Commission a written proposal concerning the affirmative action it proposes to take. This proposal shall be approved prior to the contractor entering into a contract with the city. The proposal shall be limited to measures similar to those which the city is required to take in its affirmative action with regard to its own employees, as established by the Mayor and as specified by resolution or ordinance of the Council.

   (C)   All contracting agencies of the city or any department of those agencies shall include in all contracts negotiated or renegotiated by them a provision obligating the contractor to take affirmative action to insure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity and tends to eliminate inequality based upon race, religion, color, sex, handicap, national origin or ancestry.

   (D)   These contracts shall provide that breach of the obligation to take affirmative action shall be a material breach of the contract for which the city may:

      (1)   Cancel, terminate or suspend the contract in whole or in part; or

      (2)   Declare the contractor or vender ineligible for further city contracts or both.

(1985 Code, § 22-9-1-12.1(e)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)

§ 37.06 EDUCATIONAL PROGRAM.

   To eliminate prejudice among the various groups in the city and to further good will among those groups, the Commission may prepare educational programs designed to emphasize and remedy the denial of equal opportunity because of a person’s race, religion, color, sex, handicap, national origin or ancestry, its harmful effects and its incompatibility with the principles of equality.

(1985 Code, § 22-9-1-12.1(f)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)