(a) It shall be an unlawful discriminatory practice:
(1) For any employer, because of the race, color, religion, sex, sexual preference, 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.
(2) For an employment agency, because of race, color, religion, sex, sexual preference, national origin, handicap or ancestry, to:
A. Refuse or fail to accept, register, classify properly or refer for employment or otherwise discriminate against any person;
B. Comply with a request from an employer for referral or applicants for employment if the request indicates, directly or indirectly, that the employer fails to comply with the provisions of this chapter.
(3) For any labor organization to:
A. Limit or classify its membership on the basis of race, color, religion, sex, sexual preference, national origin, handicap or ancestry;
B. Discriminate against, limit the employment opportunities of or otherwise adversely affect the employment status, wages, hours or employment conditions of any person as an employee because of race, color, religion, sex, sexual preference, national origin, handicap or ancestry.
(4) 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, sexual preference, national origin, handicap or ancestry in admission to, or employment in, any program established to provide apprentice training.
(5) 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:
A. Elicit or attempt to elicit any information concerning the race, color, religion, sex, sexual preference, national origin, handicap or ancestry of an applicant for employment or membership;
B. Make or keep a record of the race, color, religion, sex, sexual preference, national origin, handicap or ancestry of any applicant for employment or membership;
C. Use any form of application for employment, or personnel or membership blank, seeking to elicit information regarding race, color, religion, sex, sexual preference, national origin, handicap or ancestry; but 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;
D. 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, sexual preference, national origin, handicap or ancestry;
E. 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, sexual preference, national origin, handicap or ancestry of such group;
F. 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, sexual preference, national origin, handicap or ancestry.
(6) 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, sexual preferences, national origin, handicap or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, sexual preference, national origin, handicap or ancestry of any prospective employer.
(7) 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, sexual preference, national origin, handicap or ancestry, the full enjoyment of the accommodations, advantages, facilities or privileges thereof.
(8) For any person to discriminate in any manner against any other person 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 under this section.
(9) 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, to obstruct or prevent any person from complying with this section or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(10) For any person selling or renting real property to:
A. Refuse to sell or rent property to a purchaser or renter of real property solely because of their race, color, religion, sex, sexual preference, national origin, handicap or ancestry;
B. Evict from or deny occupancy to a purchaser or renter of any real property solely because of their race, color, religion, sex, sexual preference, national origin, handicap or ancestry;
C. Make any distinction, discrimination or restriction against a purchaser or renter in the sale, rental, price, terms, condition or privileges relating to the sale, rental, lease, occupancy of real property or in the furnishing of any facilities or services in connection therewith solely because of their race, color, religion, sex, sexual preference, national origin, handicap or ancestry;
D. Refuse to show any real property or otherwise attempt to prevent the sale, rental or lease of any real property to a purchaser or renter solely because of their race, color, religion, sex, sexual preference, national origin, handicap or ancestry;
E. Publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind relating to the sale, rental or leasing of real property which indicates any preference, limitation or discrimination based on race, color, religion, sex, sexual preference, national origin, handicap or ancestry.
(11) For any person to deny any individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment including, but not limited to medical, dental, health care and convalescent services of any kind whatsoever on the basis, in whole or in part, solely because of their race, color, religion, sex, sexual preference, national origin, handicap or ancestry.
(b) No person shall commit an unlawful discriminatory practice in the Village.
(c) It shall be unlawful for a person to commit intimidation. A person commits intimidation if, by reason of the actual or perceived race, color, religion, sex, sexual preference, national origin, handicap or ancestry of another individual, or group of individuals, he or she violates any of the following section of the Codified Ordinances of the Village: Section 648.04, Chapter 636 or Chapter 642.
(d) Nothing in this section shall bar any religious or denominational institution or organization, 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.
(e) Any employer of less than 12 persons is not subject to the provisions of division (a) hereof; furthermore, members of the immediate family of an employer shall not be included in determining the number of employees.
(f) Nothing in paragraphs (a)(1) to (5) hereof shall be construed to require 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 or her routinely to undertake any task, the performance of which is substantially and inherently impaired by his or her handicap.
(g) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 79-14. Passed 5-21-79; Ord. 2009-14. Passed 9-21-09.)