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This chapter does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under federal or state law. This chapter does not create a protected group of persons or any special rights or privileges which would not be available to all of the city's citizens because every person has a sexual orientation and a gender identity. Nothing in this chapter shall be interpreted to require any person to grant preferential treatment to any person based on sexual orientation or gender identity.
(Ord. 2011-11, 3-15-2011)
If any section, sentence, paragraph, term, definition or provision of this chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction, or by the civil rights act of 1968 or the Utah antidiscrimination act, or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect.
(Ord. 2011-11, 3-15-2011)
In this chapter:
ADMINISTRATOR: The person designated by the mayor to receive, investigate, and conciliate complaints under this chapter and includes the administrator's designated representatives.
CITY: The city of Ogden City, Utah.
COMPLAINANT: A person, including the administrator, who files a complaint under this chapter.
CONCILIATION: The attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the complainant, the respondent, and the administrator.
CONCILIATION AGREEMENT: A written agreement setting forth the resolution of issues by conciliation under this chapter.
DISCRIMINATION: Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person's actual or perceived sexual orientation or gender identity or because of a person's association with any such person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person's sexual orientation or gender identity.
EMPLOYEE: Any individual applying with or employed by an employer. The term does not include an elected official.
EMPLOYER: Any person employing fifteen (15) or more employees in the city for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person.
EMPLOYMENT AGENCY: Any person, and any agent of a person, undertaking to procure employees or opportunities to work for any other person in the city or holding itself out to be equipped to procure employees or opportunities to work for any other person in the city.
GENDER IDENTITY: A person's actual or perceived sense of being male, female or transgendered, without regard to the person's physiology.
LABOR ORGANIZATION: Any organization that exists for the purpose in whole or in part of collective dealing with employers concerning grievances, terms or conditions of employment; or other mutual aid or protection in connection with employment.
MAYOR: The duly elected or appointed and qualified mayor of Ogden City.
OTHERWISE QUALIFIED: A person who possesses the following required by an employer for any particular job, job classification, or position:
A. Education;
B. Training;
C. Ability;
D. Moral character;
E. Integrity;
F. Disposition to work;
G. Adherence to reasonable rules and regulations; and
H. Other job related qualifications required by an employer.
PERSON: One or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, receivers and the city.
RELIGIOUS ORGANIZATION: A religious corporation, association, educational institution, society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole.
RESPONDENT: A person alleged in a complaint as having committed an unlawful practice under this chapter.
SEXUAL ORIENTATION: A person's actual or perceived orientation as heterosexual, homosexual, or bisexual.
UNLAWFUL PRACTICE: A discriminatory act or practice relating to employment that is prohibited under this chapter.
(Ord. 2011-11, 3-15-2011)
This chapter does not apply to:
A. A religious organization;
B. An expressive association whose employment of a person protected by this chapter would significantly burden the association's rights of expressive association under Boy Scouts Of America v. Dale, 530 U.S. 640 (2000); the United States government, any of its departments or agencies, or any corporation wholly owned by it; or
C. The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the state of Utah or any of its departments, agencies, or political subdivisions.
(Ord. 2011-11, 3-15-2011)
A. Employers: An employer may not refuse to hire, promote, discharge, demote, or terminate any person, and may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified because of a person's sexual orientation or gender identity.
B. Employment Agencies: An employment agency may not refuse to list and properly classify for employment, or refuse to refer a person for employment, in a known available job for which the person is otherwise qualified because of a person's sexual orientation or gender identity.
C. Labor Organizations: A labor organization may not exclude any person otherwise qualified from full membership rights in the labor organization, expel the person from membership in the labor organization, or otherwise discriminate against or harass any of the labor organization's members in full employment of work opportunity, or representation, because of a person's sexual orientation or gender identity.
D. Training Programs: An employer, labor organization, joint apprenticeship committee, or vocational school, providing, coordinating, or controlling apprenticeship programs, or providing, coordinating, or controlling on the job training programs, instruction, training, or retraining programs may not deny to, or withhold from, any qualified person, the right to be admitted to, or participate in any apprenticeship training program, on the job training program, or other occupational instruction, training or retraining program because of a person's sexual orientation or gender identity.
E. Notices And Advertisements: Unless based upon a bona fide occupational qualification, or required by and given to an agency of government for security reasons, an employer, employment agency, or labor organization may not print, or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, use any form of application for employment or membership, or make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly any limitation, specification, or discrimination because of a person's sexual orientation or gender identity.
It is unlawful for a joint labor-management committee controlling apprenticeship or other training or retraining (including on the job training programs) to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification, or discrimination based on sexual orientation or gender identity.
Nothing in this chapter prohibits a notice or advertisement from indicating a preference, limitation, specification, or discrimination based on sexual orientation or gender identity when sexual orientation or gender identity is a bona fide occupational qualification for employment.
F. No Preferential Treatment: Nothing in this chapter shall be interpreted to require any employer, employment agency, labor organization, vocational school, joint labor-management committee, or apprenticeship program subject to this chapter to grant preferential treatment to any person because of the person's sexual orientation or gender identity on account of an imbalance which may exist with respect to the total number or percentage of persons of any sexual orientation or gender identity employed by any employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that sexual orientation or gender identity available in the city's available work force.
G. Expression Of Religious And Other Beliefs: A person's actual or symbolic religious or other deeply held beliefs, shall not be the sole basis for a finding of discrimination under this chapter. Expressions of religious or other deeply held beliefs are exempt from this chapter, provided they do not become so pervasive or severe as to alter the terms, conditions or privileges of employment. Religious or other deeply held beliefs may not, however, excuse conduct that otherwise violates this chapter. This chapter is intended to prohibit discriminatory conduct, not punish beliefs or the expression thereof.
(Ord. 2011-11, 3-15-2011)
A. Any person who claims to have been injured by an unlawful employment practice subject to the city's jurisdiction under this chapter may file a complaint with the administrator. A complaint may also be filed by the administrator if the administrator has reasonable cause to believe that a person has committed an unlawful employment practice. A complaint must be filed within one hundred eighty (180) calendar days after an alleged unlawful employment practice has occurred. Any complaint dismissed for insufficiency pursuant to this chapter may be amended and refiled at any time within filing deadline set forth in this subsection.
B. A complaint must be in writing on a form provided by the administrator, made under oath or affirmation, and contain the following information:
1. The complainant's name, address, and signature;
2. The date the alleged unlawful employment practice occurred;
3. A detailed statement of the facts upon which the allegation of an unlawful employment practice is based; and
4. The respondent's name and address.
C. After the filing of a complaint, the administrator shall review the complaint to determine sufficiency. A complaint shall be deemed sufficient if it alleges detailed facts that, if presumed to be true, would constitute a violation of this chapter. An insufficient complaint may be dismissed by the administrator. If upon review the complaint is deemed sufficient, the administrator shall promptly:
1. Provide the respondent named in the complaint written notice that a complaint alleging the commission of an unlawful employment practice has been filed against the respondent;
2. Furnish a copy of the complaint to the respondent; and
3. Advise the respondent of the respondent's procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) days after service of notice of the complaint.
D. Not later than the fifteenth day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information:
1. The respondent's name, address, telephone number, and signature of the respondent or the respondent's attorney, if any; and
2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception.
(Ord. 2011-11, 3-15-2011)
A. Upon the filing of a complaint, the administrator shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful employment practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the administrator determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the administrator shall dismiss the complaint, notify the complainant and respondent and take no further action.
B. In connection with any investigation of a complaint filed under this chapter, the administrator shall seek the voluntary cooperation of any person to:
1. Obtain access to premises, records, documents, individuals, and any other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
C. The administrator may request issuance of an executive branch subpoena to compel the attendance of a witness or the production of relevant materials or documents pursuant to title 4, chapter 4, article B of this code.
D. The administrator may dismiss a complaint at any time during the investigation if the administrator determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful employment practice is not within the city's jurisdiction;
3. The employer does not employ a sufficient number of employees in the city to meet this chapter's jurisdictional requirements;
4. The facts are insufficient to initiate a proceeding for the administrative imposition of civil penalties;
5. The alleged unlawful employment practice is not a violation of this chapter;
6. The complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;
7. The complainant cannot be located after the administrator has performed a reasonable search; or
8. A conciliation agreement has been executed by the complainant and respondent.
E. To avoid duplication of enforcement actions, the administrator may, but is not required to, dismiss the complaint if the administrator determines that the alleged unlawful practice, if proven, violates existing federal or state law. If dismissed, the administrator will refer complainant to appropriate federal or state enforcement agencies.
(Ord. 2011-11, 3-15-2011)
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