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A. Any aggrieved party of record shall have the right to obtain judicial review by filing a petition for judicial review in the district court in and for Black Hawk County in which the alleged discriminatory or unfair practice was committed, or to the county in which any respondent resides or transacts business.
B. Said proceedings shall be initiated by the filing of a petition within thirty (30) days after the commission has issued or refused to issue a final order. Service of the petition shall be made pursuant to Iowa Code section 17A.19. Thereafter, Iowa Code chapter 17A, and any amendments thereto, shall control the proceedings for judicial review.
C. If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission under this section, the commission may obtain an order of the court for the enforcement of such order upon the showing that respondent is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought.
D. Appeal from the district court may be taken as in other civil cases, regardless of the amount involved. (Ord. 4064, 1-3-1995)
A. A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the commission in accordance with this chapter. A complainant, after the proper filing of a complaint with the commission, may subsequently commence an action for relief in the district court if all of the following conditions have been satisfied:
1. The complainant has timely filed the complaint with the commission as provided in this chapter; and
2. The complaint has been on file with the commission for at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section.
B. Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the commission, the commission shall issue to the complainant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a finding of no probable cause has been on the complaint, a conciliation agreement has been executed or the commission has served notice of hearing upon the respondent pursuant to this chapter.
C. An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection B of this section or within one year after the filing of the complaint, whichever occurs first. If a complainant obtains a release from the commission under subsection B of this section, the commission shall be barred from further action on that complaint. (Ord. 4064, 1-3-1995)
Publisher's note: The Iowa Supreme Court Case No. 20-0575 struck down part of Ordinance No. 5522 adopted by the city on 11/4/2019. Click here to see the amendments to this section.
A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsection. Except as defined in this subsection A, definitions of words and phrases set forth in 5-3-2
shall apply in this section.
ADVERSE HIRING DECISION: | A refusal to hire an applicant or the revocation of a conditional offer of employment to an applicant. |
APPLICANT: | Any person considered or who requests to be considered for employment by an employer. |
ARREST: | The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime. |
CONVICTION: | Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. |
CRIMINAL RECORD: | Information regarding a conviction, arrest or pending criminal charge. |
EMPLOYER: | Any person, partnership, company, corporation, labor organization or association which regularly employs four (4) or more persons within the City of Waterloo, including the City of Waterloo, its departments, boards, commissions and agencies, except the following: (a) the United States or any of its political subdivisions, (b) the State of Iowa or any of its political subdivisions other than the City of Waterloo, such as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye Community College, and (c) employers who are required by federal or state law or regulation to make an inquiry on an application or in an interview. |
EMPLOYMENT: | Any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. |
INQUIRY: | Any direct or indirect conduct intended to gather information, using any mode of communication, including but not limited to a box or blank that seeks to elicit information about an applicant's criminal record on an employment application form. |
INTERVIEW: | Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications. |
LEGITIMATE BUSINESS REASON: | A reason for which an employer may make an adverse hiring decision based on an applicant's criminal record, including the following: 1. Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment, taking into consideration the following factors: the nature of the employment, the place and manner in which the employment will be performed, the nature and seriousness of the offense or conduct, whether the employment presents an opportunity for the commission of a similar offense or conduct, the length of time between the conviction or arrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant's rehabilitation or good conduct. 2. Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed in paragraph 1. of this definition. 3. Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. 4. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. |
PENDING CRIMINAL CHARGE: | An existing accusation that a person has committed a crime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. |
B. Prohibited Use Of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen (15) or more persons, but not private schools providing a regular course of instruction for any part of kindergarten through high school education, to engage in any of the following activity:
1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant.
C. Handling Of Criminal Records: Employers shall comply with any obligations arising under federal or state law relating to authorization for background checks, notifying applicants about adverse hiring decisions based on an applicant's criminal record, and any other matters involving the use of criminal record information.
D. Enforcement: Any complaint alleging a violation of this section shall be filed within the time provided in 5-3-10. Upon certification by the commission of an affirmative finding of probable cause that an employer has committed a violation of this section, the commission shall refer the complaint and probable cause finding to the city attorney for review, together with a recommendation as to the amount of a fine to be assessed. Upon determination that the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction citation against the employer. A first offense shall be subject to a fine of up to seven hundred fifty dollars ($750.00), and a repeat offense within a period of three (3) years shall be subject to a fine of up to one thousand dollars ($1,000.00). Fines shall be payable to the complainant. For purposes of enforcing this section, the provisions of sections 5-3-10.D, 5-3-10.E, 5-3-10.F, 5-3-11, 5-3-12 and 5-3-13 shall not apply.
E. Effect On Other Laws; No Private Rights: This section shall not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment of an applicant. Nothing in this section shall be construed to create a private right of action to seek damages or other relief of any kind.
F. This section shall be effective July 1, 2020. (Ord. 5522, 11-4-2019; amd. Ord. 5547, 5-9-2020)
ARTICLE A. FAIR HOUSING
SECTION:
5-3A-1: Definitions
5-3A-2: Prohibitions
5-3A-3: Discrimination In Residential Real Estate Related Transactions
5-3A-4: Discrimination In Provision Of Brokerage Services
5-3A-5: Interference, Coercion, Or Intimidation; Enforcement By Civil Action
5-3A-6: Exceptions
5-3A-7: Additional Administrative Proceedings
5-3A-8: Enforcement By The Commission; Housing, Additional Proceedings
5-3A-9: Civil Action For Enforcement When Election Is Made; Housing
5-3A-10: Enforcement By Private Persons; Housing
5-3A-11: Enforcement By The City Attorney; Housing
5-3A-12: Cooperation With State And Federal Agencies Administering Fair Housing Laws
As used in this article:
AGGRIEVED PERSON: Includes any person who claims to have been injured by an unfair or discriminatory housing practice or any person who believes that they will be injured by an unfair or discriminatory housing practice that is about to occur.
CONCILIATION: The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, respondent, and commission.
COVERED MULTI-FAMILY DWELLING: Any of the following:
A. A building consisting of four (4) or more dwelling units if the building has one or more elevators.
B. The ground floor units of a building consisting of four (4) or more units.
DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a "Dwelling" means any building, structure, or residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with one of the following:
A. A parent or another person having legal custody of the individual or individuals.
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.
C. A person who is pregnant or is in the process of securing legal custody of the individual or individuals.
PERSON: One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries.
RESPONDENT: Any person or entity alleged in a complaint, or later identified in the course of the investigation, as committing an unfair or discriminatory housing practice. (Ord. 4464, 3-26-2001)
It shall be an unfair or discriminatory housing practice for any person, owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including, but not limited to, persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:
A. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or dwelling or part, portion or interest therein, to any person because of the race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status of such person.
B. To discriminate against any person because of the person's race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status, in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or dwelling or any part, portion or interest in the real property or dwelling, or in the provision of services or facilities in connection with the real property or dwelling.
C. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or dwelling or any part, portion or interest therein, by persons of any particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status is unwelcome, objectionable, not acceptable, or not solicited.
D. To discriminate against the lessee or purchaser of any real property or dwelling or part, portion or interest of the real property or dwelling, or against any prospective lessee or purchaser of the property or dwelling, because of the race, color, creed, religion, sex, sexual orientation, gender identity, disability, age or national origin of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity.
E. To induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status.
F. To represent to any person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental. (Ord. 4891, 11-13-2007)
G. To discriminate in the sale or rental, or otherwise make unavailable or deny a dwelling, to a buyer or renter because of a disability of:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. A person associated with that buyer or renter.
H. To discriminate against another person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of:
1. That person;
2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. A person associated with that person.
I. To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. In the case of a rental, a landlord may, where reasonable to do so, condition permission for a modification on the renter's agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
J. To refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations are necessary to afford the person with a disability equal opportunity to use and enjoy a dwelling.
K. In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in a manner that meets the following requirements:
1. The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities.
2. All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons in wheelchairs.
3. All premises within the dwellings contain the following features of adaptive design:
a. An accessible route into and through the dwelling;
b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
c. Reinforcements in bathroom walls to allow later installation of grab bars; and
d. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.
Compliance with the appropriate requirements of the American national standard for buildings and facilities providing accessibility and usability for people with disabilities (commonly cited as "ANSI A117.1") satisfies the requirements in this subsection K3.
Nothing in this article requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others. (Ord. 4464, 3-26-2001)
A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available, or in terms or conditions of a residential real estate related transaction, because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status. (Ord. 4891, 11-13-2007)
For the purpose of this section, "residential real estate related transaction" means any of the following:
A. To make or purchase loans or provide other financial assistance to purchase, construct, improve, repair, or maintain a dwelling, or to secure residential real estate; or
B. To sell, broker, or appraise residential real estate. (Ord. 4464, 3-26-2001)
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