§ 35.04 EQUAL EMPLOYMENT POLICY.
   For the purpose of this section, the term MINORITY will refer to American Indians, Asians, Blacks, or Hispanics, or to such protected classes as youth, elderly, women or developmentally disabled/handicapped individuals.
   (A)   The city hereby declares to uphold, defend, enforce and advocate for all laws related to equal employment opportunity including, but not limited to, the following:
      (1)   Title VI of the Civil Rights Act of 1964 which prohibits discrimination in the participation in or benefits of programs or activities receiving federal financial assistance on the basis of race, color or national origin.
      (2)   Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of race, color, religion, sex or national origin in all employment practices including hiring, firing, promotions, compensation and other terms, privileges and conditions of employment.
      (3)   Title IX of the Education Amendments of 1972 which prohibits discrimination in federally assisted education programs.
      (4)   The Equal Pay Act of 1963 which covers all employees who are covered by the Fair Labor Standards Act. The Act forbids pay differentials on the basis of sex.
      (5)   The Age Discrimination Act of 1967 which prohibits discrimination because of age against anyone between the ages of 40 and 65.
      (6)   Federal Executive Order 11246 which requires every contract with federal financial assistance to contain a clause against discrimination because of race, color, religion, sex or national origin.
      (7)   Section 504 of the Rehabilitation Act of 1973 and DOL Implementing Regulations at 29 CFR 32 which prohibits any discrimination based on handicap.
      (8)   Section 167 of JTPA and the U.S. DOL Regulations at 29 CFR Parts 31 and 32 which provides that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the basis of race, color or national origin, under any program or activity receiving federal financial assistance from the Department of Labor.
      (9)   Chapter 68, Article I, Section 17-19 of the Illinois Constitution which prohibits discrimination based on race, color, creed, national ancestry, handicap and sex in the hiring and promotion practices of any employer.
   (B)   The city will assure nondiscriminatory employment practices in recruitment, recruitment advertising, employment, placement, layoff or termination, promotion, demotion or transfer, rate of pay or other forms of compensation and use of facilities.
   (C)   The city will not contract with other agencies, banks, businesses, vendors, and the like, who practice or establish a pattern of discrimination based on sex, color, race, religion, age, developmentally disabled/handicap, national origin, political affiliation or belief.
      (1)   The city will incorporate into any contract for construction work, or modification thereof, subject to the relevant rules, regulations and orders of the Secretary of Labor or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following “Equal Opportunity Clause”:
         (a)   The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, national origin or developmentally disability/handicap. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
         (b)   The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or developmentally disability/handicap.
         (c)   In the event of the contractor's noncompliance with the Equal Opportunity clause or with any of the said rules, regulations and orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts.
         (d)   The contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order, unless exempted by the rules, regulations or orders of the Secretary of Labor so that such provisions will be binding upon each such subcontractor or vendor.
   (D)   The city assures that it will actively provide nondiscriminatory outreach, selection and service to all individuals.
   (E)   Efforts will be made to hire minority individuals for all job categories so that minority employment in all categories of the work force will represent a proportionate share of minority populations in the city as well as surrounding areas.
   (F)   The city will provide accommodations to the best of its ability for developmentally disabled/handicapped employees contingent on budget and structural limitations.
   (G)   All city employees are expected to adhere to the above policy and to work actively for its implementation both internally and in carrying out city program activities.
   (H)   The city designates the Mayor and City Council to carry out the EEO/AA plan.
(Ord. 769, passed 3-4-92)