It shall be an unlawful discriminatory practice:
(a) For an employer, because of the race, color, religion, sex, national origin, handicap, or ancestry of any person, to refuse to hire or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.
(b) For an employment agency, because of race, color, religion, sex, national origin, handicap or ancestry to:
(1) Refuse or fail to accept, register, classify property, or refer for employment, or otherwise discriminate against any person,
(2) Comply with a request from an employer for referral of applicants for employment if the request indicates, directly or indirectly, that the employer fails to comply with the provisions of this section.
(c) For any labor organization to:
(1) Limit or classify its membership on the basis of race, color, religion, sex, national origin, handicap, or ancestry;
(2) Discriminate against, limit the employment opportunities of, or otherwise adversely affect the employment status, wages, hours, or employment condition of any person as an employee because of race, color, religion, sex, national origin, handicap or ancestry.
(d) For any employer, labor organization, or joint labor-management committee controlling apprentice training programs to discriminate against any person because of race, color, religion, sex, national origin, handicap, or ancestry in admission to, or employment in, any program established to provide apprentice training.
(e) Except where based on a bona fide occupational qualification certified in advance by the commission, for any employer, employment agency, or labor organization, prior to employment or admission to membership, to:
(1) Elicit or attempt to elicit any information concerning the race, color, religion, sex, national origin, handicap, or ancestry of an applicant for employment or membership;
(2) Make or keep a record of the race, color, religion, sex, national origin, handicap, or ancestry of any applicant for employment or membership;
(3) Use any form of application for employment, or personnel or membership blank seeking to elicit information regarding race, color, religion, sex, national origin, handicap, or ancestry. However, an employer holding a contract containing a nondiscrimination clause with the government of the United States, or any department or agency thereof, may require an employee or applicant for employment to furnish documentary proof of United States citizenship and may retain such proof in the employer's personnel records and may use photographic or fingerprint identification for security purposes;
(4) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination, based upon race, color, religion, sex, national origin, handicap or ancestry;
(5) Announce or follow a policy of denying, or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, color, religion, sex, national origin, handicap or ancestry of such group; or
(6) Utilize in the recruitment or hiring of persons any employment agency, placement service, training school or center, labor organization, or any other employee-referring source known to discriminate against persons because of their race, color, religion, sex, national origin, handicap or ancestry.
(f) For any person seeking employment to publish or cause to be published any advertisement which specifies or in any manner indicates that person's race, color, religion, sex, national origin, handicap, or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, national origin, handicap or ancestry of any prospective employer.
(g) For any proprietor or any employee, keeper, or manager of a place of public accommodation to deny to any person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, national origin, handicap, or ancestry, the full enjoyment of the accommodations, advantages, facilities or privileges thereof.
(h) For any person or real estate agent:
(1) To discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in a housing unit.
(2) To discriminate against any person by refusing to negotiate, making false representations on the availability of the housing unit which is for sale, lease, sublease or rental.
(3) To include the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer or any housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing.
(4) To discriminate in the furnishing of any facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy of any person.
(i) For any lending institution to discriminate in lending money, guaranteeing loans, accepting a deed or trust or mortgage or otherwise making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of any housing or discriminate in the fixing of the rates, terms, conditions or provisions of any such financial assistance.
(j) For any person or real estate agent, with respect to any prohibited act not specified in this chapter, to publish or circulate or cause to be published or circulated, any notice, statement, listing or advertisement or to announce a policy or to make any record in connection with the prospective sale, lease, sublease, rental or financing of any housing which indicates reliance, determination or decision based on race, color, creed, sex, marital status, age, religious belief, national origin or handicap.
(k) For any person or real estate agent to assist in, compel, or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent enforcement or compliance with provisions of this chapter, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
(1) For any person or real estate agent:
(1) To induce or attempt to induce the sale, transfer of interest or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used or occupied by any person, of any particular race, color, creed, religious belief, national origin or handicap by direct or indirect methods.
(2) To make any representations to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality or ethnic composition of such block, neighborhood or area.
(3) To induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, color, religious belief or national origin in the area will or may result in:
A. The lowering of property values.
B. A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located.
C. An increase in criminal or antisocial behavior in the area.
D. A decline in quality of the schools serving the area.
(m) For any person to discriminate in any manner against other persons because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding or hearing.
(n) For any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice or to obstruct or prevent any person from complying with this section, or any order issued thereunder, or to attempt directly or indirectly, to commit any act declared by this section to be an unlawful discriminatory practice.
(o) Nothing in subsection (h) herein shall bar any religious or denominational institution or organization, or any charitable or educational organization that is operated, supervised, or controlled by or in connection with a religious organization, or any bona fide private or fraternal organization from giving preference to persons of the same religion or denomination, or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes, or fraternal principles for which it is established or maintained.
(p) Nothing in subsections (a) through (e) hereof shall be construed to required a handicapped person to be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the handicapped person, other employees, the general public, or the facilities in which the work is to be performed, or to employ or train a handicapped person in a job that requires him routinely to undertake any task, the performance of which is substantially and inherently impaired by his handicap.
(q) Nothing in subsection (h) hereof shall be construed to require any person selling or renting property to modify such property in any way or to exercise a higher degree of care for a person having handicap, nor shall it be construed to relieve any handicapped person of any obligation generally imposed on all persons regardless of handicap in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions including financial obligations of the lease, agreement or contract.
(Ord. 80-24. Passed 01-80; Ord. 90-88. Passed 12-27-90.)
(Ord. 80-24. Passed 01-80; Ord. 90-88. Passed 12-27-90.)