(a) In the performance of its duties under this chapter, the Fair Employment Practices Commission, or any three members thereof, is hereby authorized to make such investigation as it deems necessary and proper, to examine any person, under oath or otherwise, and to inspect all books, records or memoranda pertinent to the investigation. For this purpose, it may require, by subpoena, served in the same manner that a summons is served in a civil action in a Court of Common Pleas, the production of books, papers and records and the attendance of all persons, whether parties or witnesses, to testify before the Commission or any member thereof. No person shall fail or refuse to comply with such subpoena.
(b) Whenever it is charged, or whenever the Commission has reason to believe, that any person has engaged or is engaging in any discriminatory employment practice, it, or any member thereof, may make such investigation as is deemed proper and may issue a complaint to be served upon such person, hereinafter referred to as the respondent, which complaint shall state the charges and contain a notice of hearing before the Commission 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 reviewing all the evidence, the Commission finds that the respondent has engaged or is engaging in any discriminatory employment practice, the Commission shall state the findings of fact supporting the same and shall certify the case and the entire record of its proceedings to the office of the Law Director for legal action. If the Commission, prior to the commencement of proceedings under Section 721.12
of this chapter, as a result of its efforts of adjustment or otherwise, finds that the respondent has ceased such discriminatory employment practice, no certification of such proceedings shall be made to the office of the Law Director unless and until the Commission finds such respondent again engaging in a discriminatory employment practice, in which case both findings shall be certified to the Law Director.
(c) Whenever the Commission, after a hearing, finds that any official, agent or employee of the City has engaged in any discriminatory employment practice, it shall recommend appropriate action to the Mayor.
(d) Whenever the Commission finds that any person operating an enterprise which solicits or accepts the custom of the public generally and which is operated under a privilege granted by the City, has engaged or is engaging in any discriminatory employment practice with respect to employment within such enterprise, it shall report the same to the agency of the City which granted such privilege, which agency may suspend such privilege for not more than ten days. When the Commission finds that such person has committed further discriminatory employment practices subsequent to such findings, it shall report the same to such agency and the second violation shall constitute a ground for which such agency may, at its discretion, suspend or revoke such privilege for not more than one year.
(e) Every contract awarded by the City or any of its contracting agencies after the effective date of this chapter (Ordinance 11-68, passed February 5, 1968), shall contain a provision obligating the contractor not to engage in any conduct defined herein as a discriminatory employment practice and requiring such contractor to include a similar provision in all of his subcontracts. Breach of this covenant may be regarded as a material breach of the contract. (Ord. 11-68. Passed 2-5-68.)
(f) Whoever violates this section is guilty of a misdemeanor of the fourth degree for a first offense; for a second or subsequent offense such person is guilty of a misdemeanor of the third degree.