(A) Discrimination in employment.
(1) It shall be unlawful for any person to discriminate against any person by treating the person differently or by excluding from or failing or refusing to extend to any person equal opportunities with respect to hiring, termination, compensation or other terms, conditions, or privileges of employment, because of race, sex, color, religion, national origin or handicap.
(2) It shall be unlawful for any employer to fail to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped employee or prospective employee, or to fail to make reasonable accommodations to the religious observance or practice of any employee or prospective employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the conduct of the employer's business.
(3) It shall be unlawful for any person to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to employment that indicates a preference, limitation, specification or discrimination based on race, sex, religion, color, national origin or handicap.
(B) Discrimination of labor organizations. It shall be unlawful for a labor organization:
(1) To exclude or expel from its membership, or otherwise to discriminate against any individual because of race, color, religion, sex, national origin or handicap;
(2) To limit, segregate or classify its membership, or applicants for membership, or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit employment opportunities, or otherwise adversely affect his or her status as an employee or as an applicant for employment, because of race, color, religion, sex, national origin or handicap; and/or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(C) Discrimination in public accommodations. It shall be unlawful for any person or establishment which caters or offers its services or facilities or goods to the general public to discriminate against anyone because of race, sex, color, religion, national origin or handicap.
(D) Discrimination in education. It shall be unlawful for any person, establishment or governmental agency regularly engaged in the offering of educational services to discriminate against anyone because of race, sex, color, national origin or handicap.
(E) Other unlawful practices.
(1) It shall be unlawful for any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be unlawful.
(2) It shall be unlawful for any person knowingly to obstruct the fair and lawful enforcement of this section by coercing or intimidating any complainant or prospective complainant, or any witness to any act made unlawful herein, or by destroying any records, documents or other evidence relevant to any alleged unlawful discriminatory practice as defined in this section, after such person has received actual notice of a discrimination charge or has been served notice of a complaint filed.
(3) It shall be unlawful for any person to discriminate against any other person with regard to, or to deny any other person with regard to, or to deny any other person access to opportunities in, employment, real estate transactions, education or public accommodations because any such other person has opposed any practice made unlawful by this section, or because such other person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this section.
(F) Administration and enforcement of ordinance.
(1) The authority and responsibility for properly administering this section and § 130.01 and referral of complaints hereunder to the Commissioner as set forth in division (2) below shall be vested in the Chief Elected Official of the City of New Haven, Indiana.
(2) Notwithstanding the provisions of any other State or Federal law, the City of New Haven, Indiana, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this section and § 130.01, herein elects to refer all formal complaints of violation of the articles of this section and § 130.01 by complainants to the Indiana Civil Rights Commission for administrative enforcement actions and the Chief Elected Official of the City of New Haven, Indiana, shall refer all said complaints to the Commission for purposes of investigation, resolution and appropriate relief.
(3) The Chief Elected Official of the City of New Haven, Indiana, or the Chief Elected Official's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. G-19-13, passed 10-8-2019)