CHAPTER 3
HUMAN RIGHTS
HUMAN RIGHTS
SECTION:
5-3-1: Construction And Purpose
5-3-2: Definitions
5-3-3: Unfair Employment Practices
5-3-4: Unfair Accommodation Or Service Practices
5-3-5: Unfair Credit Practices
5-3-6: Unfair Or Discriminatory Educational Institution Practices
5-3-7: Exceptions To Sex Or Age Provisions
5-3-8: Aiding Or Abetting
5-3-9: Retaliation
5-3-10: Complaint Procedures
5-3-11: Conciliation
5-3-12: Public Hearing
5-3-13: Judicial Review
5-3-14: Sixty Day Administrative Release
5-3-15: Unfair Use Of Criminal Record In Hiring Decisions
This chapter shall be construed broadly to effectuate its purpose, and the purpose of the city in enacting this chapter is to:
A. Secure for all individuals within the city freedom from discrimination because of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, age or mental or physical disability in connection with employment, public accommodations, housing, credit and education; and thereby to protect the personal dignity of these individuals, to ensure their full productive capacities, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individual citizens within the city. (Ord. 4891, 11-13-2007)
B. Provide for the execution within the city of the policies embodied in the Iowa civil rights act of 1965 and in the federal civil rights act and to promote cooperation between the city and the state and federal agencies enforcing those acts.
C. Provide, at the local level, a commission on human rights 1 dedicated to the following: effective enforcement of this chapter; serve as a source of information to employers, laborers, business persons, employees, tenants and other citizens relative to various civil rights legislation and regulations; and active assistance to prevent and eliminate the effects of discriminatory practices. (Ord. 4064, 1-3-1995)
Notes
1 | 1. See title 2, chapter 10 of this code. |
Unless indicated otherwise in this chapter, the following will define the listed words and phrases:
AFFIRMATIVE ACTION: A plan whereby a set of specific, result oriented procedures are established and to which a person makes a commitment to apply every good faith effort. The objective of those procedures is to enhance diversity and ensure equal opportunity in public and private employment, housing, public accommodation, credit transactions and city contracts.
BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQ): Discrimination on a prohibited basis is lawful only if it results from a bona fide occupational qualification essential to the normal operation of the employer's business or enterprise. The BFOQ exception will be interpreted narrowly and the burden of proving that a prohibited basis is a BFOQ rests upon the party seeking to rely upon the exception. Customer or employer preference or historical usage, tradition or custom or stereotyped characterizations will not merit the exception.
COMMISSION: The Waterloo human rights commission created by this chapter, and as provided for in title 2, chapter 10 of this code.
COMPLAINANT: That person filing a complaint with the commission.
CONTRACT: Any agreement which is awarded, let, procured or entered into with, or on behalf of, the city or any awarding authority thereof.
CONTRACTING AUTHORITY: Any city department, agency, commission, authority, board or person, or any authorized employee, officer or director of any of the foregoing, including any purchasing agent of the city who makes or enters into any contract agreement for the provision of any goods or services of any kind or nature whatsoever for and on behalf of the city.
COURT: The district court in and for Black Hawk County, Iowa, or any judge or magistrate of said court if the court is not in session at that time.
DIRECTOR: The person selected pursuant to civil service rules and regulations, recommended by the human rights commission, appointed by the mayor, subject to approval by the city council, who shall have such duties, powers and authority as may be conferred upon him by the commission, subject to the provisions of this chapter.
DISABILITY: With respect to an individual:
A. A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
B. A record of such an impairment; or
C. Being regarded as having such an impairment.
EMPLOYEE: Any person employed by an employer.
EMPLOYER: The city of Waterloo or any political subdivision, board, commission, department, institution or school district thereof, and every other person employing employees within the city.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to work for any other person or any person holding himself to be equipped to do so.
FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with either of the following:
A. A parent or another person having legal custody of the individual or individuals; or
B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person.
GENDER IDENTITY: A gender related identity of a person, regardless of the person's assigned sex at birth.
LABOR ORGANIZATION: Any organization which exists for the purpose, in whole or in part, of collective bargaining, or dealing with employers concerning grievances, terms or conditions of employment.
PERSON: One or more individuals, partnerships, associations, corporations, legal representatives, trustees or receivers. It also includes, but is not limited to, any owner, lender, builder, manager, broker, salesperson, agent, employee or lending institution; and includes all political subdivisions and agencies of the city and any commission, authority, board or other instrumentality of government.
PUBLIC ACCOMMODATION: Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge, provided that any place, establishment or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment or facility which is by its nature distinctly private, except when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for fee or charge or gratuity, it shall be deemed a public accommodation during such period. Public accommodation also includes each state and local government unit or tax supported district of whatever kind, nature or class that offers services, facilities, benefits, grants or goods to the public, gratuitously or otherwise. This definition shall not be construed by negative implication or otherwise to restrict any part or portion of the preexisting definition of the term "public accommodation".
The following private entities are considered "public accommodations" for purposes of the Americans with disabilities act, if the operations of such entities affect commerce:
A. An inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
B. A restaurant, bar or other establishment serving food or drink;
C. A motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment;
D. An auditorium, convention center, lecture hall or other place of public gathering;
E. A bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;
F. A laundromat, dry cleaner, bank, barbershop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a healthcare provider, hospital or other service establishment;
G. A terminal, depot or other station used for specified public transportation;
H. A museum, library, gallery or other place of public display or collection;
I. A park, zoo, amusement park or other place of recreation;
J. A nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education;
K. A daycare center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment; and
L. A gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.
REFERRAL: The process whereby the Iowa civil rights commission notifies the local commission that a complaint has been filed with the state commission and that the state is postponing its investigative activities for a period of sixty (60) days while the local commission investigates and attempts to resolve the matter.
RESPONDENT: That person against whom a complaint has been filed with the commission.
RETALIATION: Any act directed at a complainant or other person with the intent of affecting that person unfavorably because of his formal or informal efforts to secure or aid in securing compliance with this chapter.
SEXUAL ORIENTATION: Actual or perceived heterosexuality, homosexuality, or bisexuality.
UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in this chapter. (Ord. 4064, 1-3-1995; amd. Ord. 4891, 11-13-2007)
A. It shall be an unfair or discriminatory practice for any:
1. Person to refuse to hire, accept, register, classify or refer for employment, to discharge any employee or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability of such applicant or employee, unless based upon the nature of the occupation. If a disabled person is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection.
2. Labor organization or the employees, agents or members thereof to refuse to admit to membership any applicant, to expel any member or to otherwise discriminate against any applicant for membership or any member in the privileges, rights or benefits of such membership because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability of such applicant or member.
3. Employer, employment agency, labor organization or the employees, agents or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability are unwelcome, objectionable, not acceptable or not solicited for employment or membership unless based on the nature of the occupation. If a disabled person is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection.
An employer, employment agency or their employees, servants or agents may offer employment or advertise for employment to only the disabled, when other applicants have available to them, other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, sexual orientation, gender identity, or national origin. (Ord. 4891, 11-13-2007)
4. Person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus or to affect the terms, conditions or privileges of employment or terminate the employment of any employee solely as a result of the employee obtaining a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents, or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the centers for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation.
B. Employment policies relating to pregnancy and childbirth shall be governed by the following:
1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this chapter.
2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee's pregnancy or giving birth, on the same terms and conditions as they are applied to other temporary disabilities.
3. Disabilities caused or contributed to by legal abortion and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any temporary disability or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to legal abortion on the same terms and conditions as they are applied to other temporary disabilities. The employer may elect to exclude health insurance coverage for abortion from a plan provided by the employer, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.
4. An employer shall not terminate the employment of a person disabled by pregnancy because of the employee's pregnancy.
5. Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or sick leave plan available in connection with employment, the employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee's pregnancy, childbirth or related medical conditions, or for eight (8) weeks, whichever is less. However, the employee must provide timely notice of the period of leave requested and the employer must approve any change in the period requested before the change is effective. Before granting the leave of absence, the employer may require that the employee's disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the duties of employment.
C. This section shall not prohibit discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen (18) years, unless that person is considered by law to be an adult.
D. Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible.
E. This section shall not apply to age discrimination in bona fide apprenticeship employment programs if the employee is over forty five (45) years of age.
F. This section shall not apply to:
1. Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees.
2. The employment of individuals for work within the home of the employer if the employer or members of the employer's family reside therein during such employment.
3. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 4064, 1-3-1995)
4. Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, shall be presumed to be a bona fide occupational qualification. (Ord. 4891, 11-13-2007)
A. It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager or superintendent of any public accommodation or any agent or employee thereof:
1. To refuse or deny to any person because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability the accommodations, advantages, facilities, services or privileges thereof, or otherwise to discriminate against any person because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability in the furnishing of such accommodations, advantages, facilities, services, or privileges.
2. To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability is unwelcome, objectionable, not acceptable or not solicited.
B. This section shall not apply to:
1. Any bona fide religious institution with respect to any qualifications the institution may impose based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose. (Ord. 4891, 11-13-2007)
2. The rental or leasing to transient individuals of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation if the occupant or owner or members of that person's family reside therein. (Ord. 4064, 1-3-1995)
A. It shall be an unfair or discriminatory practice for any:
1. Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability or familial status.
2. Person authorized or licensed to do business in the state pursuant to Iowa Code chapters 524, 533, 534, 536 or 536A to refuse to loan or extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability or familial status.
3. Creditor to refuse to offer credit, life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, gender identity, or familial status. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by Iowa Code chapters 505 to 523H.
B. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. (Ord. 4891, 11-13-2007)
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