I.C. 22-9-1-2 sets forth the policy of the state to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through rental or purchase of real property, and to eliminate segregation or separation based solely on race, religion, color, sex, disability, national origin or ancestry; and I.C. 22-9-1-12.1(b) authorizes any city to enact an ordinance to effectuate within its territorial jurisdiction to the public policy of the state as declared in I.C. 22-9-1-2.
(A) Purpose.
(1) It is the public policy of the city to provide all of 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 segregation or separation based solely on race, religion, color, sex, disability, national origin or ancestry, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be human rights.
(2) The practice of denying these rights to properly qualified persons by reason of the race, religion, color, sex, disability, national origin or ancestry of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of this city and shall be considered a discriminatory practice. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin or ancestry through reasonable methods is the purpose of this section.
(3) It is also the public policy of this city to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders and lending institutions from unfounded charges of discrimination.
(4) It is hereby declared to be contrary to the public policy of the city and an unlawful practice for any person, for profit, 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, religion, color, sex, disability, national origin or ancestry.
(5) This section shall be construed broadly to effectuate its purpose.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFIRMATIVE ACTION. Those acts which the Commission deems necessary to assure compliance with the city’s civil rights ordinance.
COMMISSION. The Human Rights Commission created under division (C) below.
COMMISSION ATTORNEY. The City Attorney, or such other attorney as may be engaged by the Commission.
COMPLAINANT. Any individual charging on his or her own behalf to have been personally aggrieved by a discriminatory practice, or the Director of the 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 this section.
COMPLAINT. Any written grievance filed by a complainant, or by the Director, with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notary service shall be furnished by the Commission without charge. To be acceptable by the Commission, a COMPLAINT shall be sufficiently complete so as to reflect properly the full name and address of the complainant; the name and address 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, and if the alleged discriminatory practice is of a continuing nature, the dates between which said 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 is alleged in the COMPLAINT, together with a statement as to the status or disposition of such other action. No COMPLAINT shall be valid unless filed within 180 days from the date of 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.
CONSENT AGREEMENT. A formal agreement entered into in lieu of adjudication.
DIRECTOR. The Director of the City Human Rights Commission.
DISABILITY. With respect to an individual:
(a) A physical or mental impairment that substantially limits at least one of the major life activities of the individual;
(b) A record of an impairment described in subdivision (a); or
(c) Being regarded as having an impairment described in subdivision (a). In reference to employment, under this section, discrimination because of DISABILITY shall be interpreted in accordance with I.C. 22-9-5 et seq.
DISCRIMINATORY PRACTICE. The exclusion of a person, from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry; or a system which excludes persons from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry; or the promotion of racial segregation or separation in any manner, including, but not limited to, the inducing of, or the attempting to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, disability, national origin or ancestry. Every DISCRIMINATORY PRACTICE relating to the acquisition or sale of real estate, education, public accommodations, employment or the extending of credit as “credit” is defined in I.C. 24-4.5-1-301.5, shall be considered unlawful unless it is specifically exempted by this section.
EMPLOYEE. Any person employed by another for wages or salary; provided, however, that it should not include any individual employed by his or her parents, spouse or child, in the domestic service of any person.
EMPLOYER. The civil city of Richmond, and any person employing six or more persons within the city, except that the term EMPLOYER does not include any not-for-profit corporation or association organized exclusively for fraternal or religious purposes; nor any school, educational or charitable religious institution owned or conducted by, or affiliated with, a church or religious institution; nor any exclusively social club, corporation or association that is not organized for profit.
EMPLOYMENT AGENCY. Any person undertaking with or without compensation to procure, recruit, refer or place employees.
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 or conditions of employment, or for other mutual aid or protection in relation to employment.
PERSON. One or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons.
PUBLIC ACCOMMODATION. Any establishment which caters or offers its services or facilities or goods to the general public.
SEX. As it applies to segregation or separation in this section applies to all types of employment, education, public accommodations and housing; provided, however, that:
(a) It shall not be a discriminatory practice to maintain separate restrooms;
(b) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or 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 retraining programs to admit or employ any other individual in any such program on the basis of sex in those certain instances where SEX is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
(c) It shall not be a discriminatory practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.
(C) Membership of Commission.
(1) There is hereby created a Human Rights Commission to be known as the “Richmond Human Rights Commission” of the city.
(a) The Commission shall be composed of seven members.
(b) Members shall serve without compensation.
(c) Members shall represent racial, ethnic, political, religious, economic, educational and disability awareness groups in the community.
(d) Three members shall be appointed by the Mayor and four shall be appointed by Common Council.
(e) Appointments shall be made not later than 60 days from the date this section shall be of full force and effect, or from the date any vacancy occurs.
(f) Appointments shall be for terms of four years for two members, three years for two members, two years for two members, and one year for one member.
(g) Successors to all members of the Commission shall be appointed for terms of four years excepting when appointed to fill a vacancy in which case such appointment shall be for the unexpired term.
(h) The Mayor, with consent of Council, may remove any member for cause, including unexcused absence at three consecutive Commission meetings, or actual or apparent conflict of interest.
(i) All members of the Human Rights Commission shall reside within the city during their tenure.
(2) The Human Rights Commission shall hold an organizational meeting not later than ten days after all appointments are made and confirmed by Council and shall at its April meeting thereafter, annually:
(a) The Commission shall elect from their body a Chairperson and Vice-Chairperson;
(b) The Commission shall meet once each month as needed thereafter or more often as the Chairperson may deem necessary;
(c) The Commission shall adopt rules of procedure for the conduct of its meetings as determined by a majority of its members;
(d) Hearings by the Commission shall be recorded and witnesses shall give testimony and evidence under oath;
(e) Any person who files a complaint with the State Civil Rights Commission shall have no recourse to the City Civil Rights Commission and may not also file a complaint with the City Human Rights Commission concerning any of the matters alleged in such complaint, except as provided in I.C. 22-9-1-12.1(d); however, nothing shall affect such person’s right to pursue any and all other rights and remedies available in any other state or federal forum; and
(f) A decision of the local agency may be appealed under the terms of I.C. 4-21.5-1 et seq. the same as if it was a decision of a state agency.
(3) Although it is the intent of this code to promote mediation and conciliation, and while legal counsel for parties is not required, it shall be the duty of the Commission and its Executive Director to inform any complainant or respondent of his, her or its right to legal counsel of choice. The City Attorney shall act as counsel in an advisory capacity to the Commission and shall not give legal advice to, nor represent any private party in proceedings before the Commission.
(D) Powers and duties of the City Human Rights Commission.
(1) Investigate, conciliate and hear complaints;
(2) Subpoena and compel the attendance of witnesses or production of pertinent documents and records;
(3) Administer oaths;
(4) Examine witnesses;
(5) Appoint hearing examiners or panels;
(6) Make findings and recommendations;
(7) Issue cease and desist orders or orders requiring remedial action;
(8) Order payment of actual damages, except that paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions or fringe benefits;
(9) Institute actions for appropriate legal or equitable relief in a circuit or superior court;
(10) Utilize an executive director, investigator and legal counsel as may be provided for in the annual city budget;
(11) Conduct studies, educational programs and other activities within its territorial boundaries to carry out the public policy of the city, as provided in this section; and
(12) The City Human Rights Commission shall have no jurisdiction or power over the state or any of its agencies, as defined in I.C. 22-9-1-12.1(a).
(E) Miscellaneous provisions.
(1) Immediately upon the taking effect of this section, the Mayor shall select and appoint a Director, who shall be Secretary of the Commission and Chief Administrative Officer for the Commission. The Director may only be removed by a majority vote of the Commission. The Director shall not engage in or have any interest in any business or activity which may create a conflict of interest. A vacancy shall be filled within 60 days of the date of vacancy.
(2) So as to ensure impartiality, notwithstanding any other provisions of this section, the Commission shall not adjudicate any complaint or claim in which the city, its departments, agencies, officers or employees are respondents; however, any claims or complaints presented against the city, its officers, agencies, departments or employees shall be promptly referred by the Executive Director of the Commission to an appropriate state or federal agency. The Executive Director shall monitor the progress of such claims or complaints and shall report the status periodically to the Commission.
(3) This section is passed by authority of and in accordance with I.C. 22-9-1-12.1.
(4) Neither this section, nor any claims or complaints presented thereunder, shall be construed as a waiver by the city of the notice requirements of the state tort claims act, being I.C. Title 34, Article 13, Chapter 3, Tort Claims Against Governmental Entities and Public Employees (I.C. 34-13-3-0.1 through 34-13-3-25).
(5) If any part, word or phrase of this section, or the application thereof to any person shall be adjudged by a court of competent jurisdiction to be invalid, that judgment shall not invalidate the remainder of this section.
(6) This section shall be effective for claims or actions that accrue after September 30, 1987.
(7) The Human Rights Commission of the city shall become a permanent Commission of the city effective January 1, 1990, having all powers and duties as assigned in Ord. 45-1986.
(8) A hearing examiner appointed by the City Human Rights Commission shall have the same powers and duties as a Commissioner sitting as a Hearing Examiner.
(9) Pursuant to I.C. 34-13-3-3, an attorney at law appointed by the City Human Rights Commission as a hearing examiner under I.C. 22-9-1-12.1(c)(5) shall not be liable for acts within the scope of said appointment.
(Prior Code, § 32.50) (Ord. 45-1986, passed - -; Ord. 2-1988, passed - -; Ord. 71-1989, passed - -; Ord. 71-1994, passed - -; Ord. 27-1995, passed - -; Ord. 74-1996, passed - -)