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HomeMy WebLinkAbout1984-03-12 OrdinanceDate: February 10, 1984 To: City Council From: Phyllis A. Williams, Civil Rights Specialist Re: City's Non -Discrimination Ordinance Attached is the information that was provided to the City Council during March 1983 regarding the proposed amendments to the City's non-discrimina- tion ordinance. Discussion on this item is scheduled for your February 21st meeting. Commission and staff representatives will be present at that time. bdw2/27 Attachment 0// I CHAPTER 18 HUMAN RIGHTS Art. I. In General, ss 18-1--18-15 Art. II. Commission, ss 18-16--18-30 Art. III. Discriminatory Practices, ss 18-31--18-44 ARTICLE I. IN GENERAL Sec. 18-1. Definitions. As used in this chapter the following terms shall have the meanings indicated: AGE MEANS CHRONOLOGICAL AGE OF ANY PERSON WHO HAS REACHED THE AGE OF 18 OR IS CONSIDERED BY LAW TO BE AN ADULT. CITY ATTORNEY shall mean the duly appointed attorney for the City or such person designated by him/her. COMMISSION shall mean the Iowa City Human Rights Commission. COMPLAINANT means a person who has filed a report of discrimination as provided for by section 18-37 of this chapter. COMPLAINT means a report of discrimination provided for by section 18-37 of this chapter. CONCILIATION TEAM shall mean a team of two (2) members or more of the Commission appointed to conciliate cases on which probable cause has been found. COURT means the district court in and for the judicial district of this state in which the alleged unfair or discriminatory practice occurred, or any judge of such court if the court is not in session at this time. CREDIT TRANSACTION means any open or closed end credit transaction including but not limited to a loan, retail installment transaction, credit card issue or charge, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such discredit is extended in the regular course of any trade or commerce. DEPENDENT MEANS ANY PERSON, REGARDLESS OF AGE, WHO RESIDES IN A HOUSEHOLD AND WHO DERIVES PRIMARY CARE OR SUPPORT FROM THAT HOUSEHOLD. DISABILITY MEANS THE PHYSICAL OR MENTAL CONDITION OF A PERSON WHICH CONSTITUTES A SUBSTANTIAL HANDICAP. A DISABLED INDIVIDUAL IS ANY PERSON WHO 1) HAS A PHYSICAL OR MENTAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES, 2) HAS A RECORD OF SUCH IMPAIRMENTS, OR 3)"IS) REGARDED AS HAVING SUCH IMPAIRMENT. I,# i z EMPLOYEE includes every person who works for wages, salary, or commissions or any combination thereof, and, in context, the term also includes those who are seeking or applying for employment. EMPLOYER includes all persons, wherever situated, who employ one or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere. The term includes the city itself, and all other political subdivisions, public corporations, governmental units conducting any activity within the city, and public agencies or corporations. EMPLOYMENT AGENCY means any person undertaking to procure employees or opportunities to work for any other person. HOUSING ACCOMMODATION includes any improved or unimproved real estate which is used, capable of being used, or intended to be used as a permanent or temporary residence or sleeping place for one or more persons whether by sale, lease, or otherwise. It specifically includes lots suitable for single or multi -family residential development. HOUSING TRANSACTION means the sale, exchange, rental or lease of real property or housing accommodation and the offer to sell, exchange, rent or lease real property. INVESTIGATOR means a person appointed by the city manager with the consultation of the Commission, to investigate complaints filed in accordance with this chapter. LABOR ORGANIZATION means any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. MARITAL STATUS MEANS CONDITION OF BEING MARRIED, SINGLE, DIVORCED, SEPARATED, OR WIDOWED. PERSON means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, the city or any board, commission, department, or agency thereof, and all other governmental units conducting any activity in the city. PUBLIC ACCOMMODATION means 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. Each and every 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 that, when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee or charge or gratuitously, it shall be deemed a public accommodation during such period. PUBLIC ASSISTANCE SOURCE OF INCOME MEANS INCOME AND SUPPORT DERIVED FROM ANY TAX SUPPORTED FEDERAL, STATE OR LOCAL FUNDS, INCLUDING BUT NOT LIMITED TO SOCIAL 3 SECURITY, SUPPLEMENTAL SECURITY INCOME, AID TO FAMILIES WITH DEPENDENT CHILDREN FOOD STAMPS, RENT SUBSIDIES, AND UNEMPLOYMENT COMPENSATION. RESPONDENT means a person who is alleged to have committed an act prohibited by this chapter, against whom a complaint has been filed, as provided by this chapter. SEXUAL ORIENTATION means the status of preferring a relationship of affection or a sexual relationship with a consenting adult of the same sex or with a consenting adult of the opposite sex. Sec. 18-2. Purpose. It is the purpose of this chapter to protect citizens of the city against discrimination as defined in this chapter. Moreover, this chapter provides for execution within the city of the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Acts and the promotion of cooperation between the city and the state and federal agencies enforcing these acts. Sec. 18-3--18-15. Reserved. ARTICLE II. COMMISSION Sec. 18-16. Established; duties generally. There is hereby established the Iowa City Human Rights Commission whose duty it shall be to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of this chapter and to protect citizens from unfounded charges of discriminatory practices. Sec. 18-17. Powers. The Commission created by this article shall have the following powers: (a) To receive, investigate, and finally determine the merits of complaints i j alleging unfair or discriminatory practices. (b) To investigate and study the existence, character, causes, and extent of discrimination in the areas covered by this chapter and eliminate discrimination by education, conciliation, and enforcement where necessary. (c) To issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. (d) To prepare and transmit to the city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work performed by the Commission. q b" 4 (e) To make recommendations to the city council for such further legislation concerning discrimination as it may deem necessary and desirable. (f) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. (g) To adopt guidelines by which to determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. (h) To make recommendations to the city manager and city council regarding the affirmative action program of the City and to offer assistance to city departments as will insure fair employment procedures and the provision of city services without bias. Sec. 18-18. Structure. The Commission shall consist of nine (9) members, appointed by vote of the city council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. Ser.. 18-19. Records to be public; exceptions. (a) All records of the Commission shall be public, except: (1) Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investigation of any charge shall be closed records, unless a public hearing is held. (2) The minutes of any session which is closed under the provisions of this chapter shall be closed records. (b) No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless each disclosure is made in connection with the conduct of an investigation. Nothing in this provision shall prevent, however, the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the state civil rights commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Commission or its staff shall constitute grounds for removal. 5 Secs. 18-20--18-30. Reserved. ARTICLE III. DISCRIMINATORY PRACTICES Sec. 18-31. Employment; exceptions. (a) It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights, or benefits of such membership, apprenticeship or training because of age, ' color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation of such applicant or member. (c) It shall be unlawful for any employer, employment agency, labor organization, or the employees or members thereof to directly or indirectly { advertise or in any other manner indicate or publicize that individuals are t unwelcome, objectionable, or not solicited for employment or membership because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. i (d) The following are exempted from the provisions of this section: (1) Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion 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. (2) An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (3) The employment of individuals for work within the home of the employer if the employer or members of his/her family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of his/her family. E . . 6 (5) To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (6) 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. (7) TO EMPLOY ON THE BASIS OF DISABILITY IN THOSE CERTAIN INSTANCES WHERE PRESENCES OF DISABILTY IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY NECESSARY TO THE NORMAL OPERATION OF A PARTICULAR BUSINESS OR ENTERPRISE. THE BONA FIDE OCCUPATIONAL QUALIFICATION SHALL BE INTERPRETED NARROWLY. Sec. 18-32. Housing; exceptions. (a) It shall be unlawful for any person to: (1) Refuse to engage in a housing transaction with any other person because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME. (2) Discriminate against any other person because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME; in the terms, conditions or privileges of any real estate transaction. (3) Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any person because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME is not welcome, objectionable, or not solicited. (4) Discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME 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. (b) The following are exempted from the provisions of this section: (1) Any bona fide religious institution with respect to any qualification it may impose based on religion when such qualifications are related to a bona fide religious purpose. r I (2) The rental or leasing of four (4) or fewer rooms within an owner - occupied rooming house in which renters pass through the owner's living area. (3) RESTRICTIONS BASED ON SEX OR THE PRESENCE OR ABSENCE OF DEPENDENTS IN THE RENTAL OR LEASING OF HOUSING ACCOMMODATIONS BY NON-PROFIT CORPORATIONS. (4) Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. (c) This section does not create an affirmative duty to remove barriers for the handicapped in excess of the requirements of Chapter 1O4A, of the Code of Iowa. (d) Housing accommodations may be designated specifically for the elderly and disabled. However, housing accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disability, MARITAL STATUS, national origin, sex, SEXUAL ORIENTATION, orientation, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME. Sec. 18-33. Public accommodation; exceptions. (a) It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of AGE, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful to directly or indirectly advertise or in any manner indicate or publicize that the patronage of persons is unwelcome, objectionable, or not solicited because of AGE, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. (c) This section shall not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to bona fide religious purpose. (d) Public accommodations may be designated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of AGE, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. Sec. 18-34. Credit transactions; exceptions. (a) It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to 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, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. V f/ (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to Chapter 524, 533, 534, 536, or 536A of the Code of Iowa to refuse to loan or to 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, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. (c) It shall be unlawful for any creditor to refuse to offer credit, life or health and accident insurance because of age, color, creed, DISABILITY, marital status, national origin, race, religion, sex or sexual orientation. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or DISABILITY of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting consideration not prohibited by Title XX. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this ordinance. (d) The following are exempted from this section: (1) REFUSAL TO ENTER INTO ANY CONSUMER CREDIT TRANSACTION COVERED ABOVE SHALL NOT BE A DISCRIMINATORY PRACTICE IF SUCH DENIAL IS BASED ON A FAIR AND REASONABLE DETERMINATION OF CREDIT -WORTHINESS OR ABILITY TO COMPREHEND THE TRANSACTION. Sec. 18-35. Aiding or abetting. It shall be a violation of this chapter for any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared to constitute discriminatory practices by this article. Sec. 18-36. Retaliations or reprisals. It shall be a violation of this chapter for any person to discriminate against another person because such person has either lawfully opposed any discriminatory practice forbidden by this article, obeyed the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. Sec. 18-37. Report. (a) The following procedures are the only authorized methods for reporting a discriminatory practice to the Commission: (1) Any person claiming to be aggrieved by a discriminatory practice within the city limits may by himself/herself or by his/her attorney, make, sign, and file with the Commission a verified written complaint which shall state the name and address of the person, employer, employment agency, or BUSINESS organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the circumstancs under which the discriminatory practice took place, the date, and shall contain such other information as may be required by the Commission. W 9 (2) The Commission, a commissioner, a city attorney, the state civil rights commission, or any other person aware of the existence of a discriminatory practice may in like manner make, sign, and file such complaint. (b) Any complaint filed under this ordinance shall be so filed within one hundred eighty (180) days after the most recent act constituting the alleged discriminatory practice. (c) A verified copy of a complaint filed with the state civil rights { commission under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be sufficient complaint for the purpose of this chapter, if it i alleges either in the text thereof or in accompanying statements that the alleged discriminatory practice occurred within this city. I Sec. 18-38. Investigation of complaints. (a) After the filing of a complaint, a true copy thereof shall be served within 20 days by registered mail to the person against whom the complaint is filed. Then a commissioner, the investigator, or another duly authorized member of the commission's staff, shall make a prompt investigation of the complaint. (b) Upon application, the commission may issue subpoenas requiring a party to appear or to produce books, documents, and records which may be relevant to the alleged discriminating practice. The Commission may issue subpoenas if it finds the following to be true: (1) The subpoena is necessary to carry out a public hearing of the Commission; or (2) The respondent fails to provide information relevant to the investigation and the investigator is unable to proceed without specific materials. (c) The investigator shall determine whether probable cause exists to believe that the person charged in the complaint has committed a discriminatory practice and shall file a detailed report with the city attorney. After completion of this determination, the city attorney shall send to the commission, a written statement of reasons as to whether or not probable cause exists to believe that a discriminatory practice occurred as alleged by the complainant. (d) At any time after the initial filing of a complaint of unfair or discriminatory practice, but before the investigator's recommendation to the city attorney, the investigator may seek a disposition of the complaint through the use of a predetermination settlement if such settlement is in the interest of the complainant. PREDETERMINATION SETTLEMENTS SHALL BE SUBJECT TO REVIEW BY THE COMMISSION CHAIRPERSON. Sec. 18-39. Results of investigation; action to be taken. 0// Finding of no probable cause. After an investigation under this article: If the investigator finds no probable cause to believe that the person charged hdS coom lttad an unfair or discriminatory practice, and the city :attorney concurs with that finding, he/she shall report the same to the Commission. If designated members of the Commission agree that no probable cause does exist, it shall notify the parties in writing by certified mailing, return receipt requested, of the findings and of the complainant's right to appeal therefrom. If they disagree as to no probable cause, they shall make the final determination on probable cause and proceed as provided in this chapter. If the complainant fails to object to the finding of no probable cause within ten (10) days of receipt of such written notice, the Commission shall close the case. The secretary of the Commission shall report this finding to the civil rights commission. If the complainant objects in writing to the finding of no probable cause within ten (10) days of receipt of such written notice, the designated members of the Commission shall hear his/her evidence in executive session. If they again find no probable cause to believe that the person charged has committted a discriminatory practice, they shall declare the case closed. After appeal, if they find probable cause to exist, they shall proceed as provided in this chapter. If the invest the designate lator and city attorney disagree as to probable cause, I members of the Commission shall make the final on probable cause and proceed as provided in this Finding of probable cause. After an investigation under this article: If the investigator finds probable cause to believe that the person charged has committed an unfair or discriminatory practice, and the city attorney concurs in that finding, then those members of the Commission designated as conciliators should make an independent evaluation as to the determination as to whether probable cause exists before proceeding with the conciliation. Upon the finding of probable cause to believe that the person charged has committed a discriminatory practice, a conciliation team shall promptly endeavor to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion in accordance with remedies provided in section 18-40. Section 18-40. Conciliation results. (a) If the conciliation team is able to effectuate a disposition agreeable to the complainant, the person charged, and the CONCILIATION TEAM, such disposition shall be reduced to a written stipulation and executed by the parties and the agreement reported to the Commission. 11 (b) If the person charged and the conciliation team agree to a disposition but the complainant fails to agree, the team shall report the matter to the designated members of the Commission in executive session. If the designated members of the Commission accept the conciliation agreement presented by the conciliation team and the person charged, they shall close the case (subject to continuing supervision of the charged party as provided in the agreement) and communicate the terms of the agreement to the state civil rights commission. This shall not prevent the complainant from taking other action as provided by law. If however, they reject the conciliation agreement, they may direct that further attempts at conciliation be made or proceed as provided in this chapter. (c) If the complainant and the person charged reach a mutually agreeable disposition of the complaint, but the conciliation team does not wish to ratify such agreement, the complainant and the person charged may proceed according to the terms of their agreement with no further involvement by the conciliation team and the Commission shall thereafter close the case. Such action shall not, however, in any way, prevent the Commission, as a non-party to the agreement entered into between the complainant and the person charged, from subsequently filing a new complaint against the person charged concerning the same alleged discriminatory practice. (d) The terms of a conciliation agreement reached with the respondent may require him or her to refrain in the future from committing discriminatory or unfair practices of the type stated .in the agreement, to take remedial action which, in the judgment of the Commission, will carry out the purposes of this Act, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the Commission of the violation, at any time within six months of its occurrence. In all cases where a conciliation agreement is entered into, the Commission shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Commission deems proper. At any time in its discretion, the Commission may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Commission shall take appropriate action to assure compliance. (e) For the purposes of this subsection and pursuant to the provisions of this chapter "remedial action" includes but is not limited to the following: (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. (2) Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. fZ11 Iz (3) Admission of individuals to a public accommodation or an educational institution. (4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual. (5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. (6) Reporting as to the manner of compliance. (7) Posting notices in conspicuous places in the respondents place of business in a form prescribed by the Commission and inclusion of notices in advertising material. (8) Payment to the complainant of damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees. (9) In addition to the remedies in the preceeding provisions of this subsection, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this chapter as follows: (a) In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the Commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the Commission shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures. (b) In the case of a respondent who is found by the Commission to have engaged in a discrminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the Commission shall so certify to the contracting agency. Unless the Commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contractng agency. T// 13 (c) Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this act; and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts. (10) The election of an affirmative order under paragraph (2) of this subsection shall not bar the election of affirmative remedies provided in paragraph (1) of this subsection. Section 18-41. Proceedings upon failure to conciliate. (a) If the conciliation team is unable to effectuate a disposition agreeable to the parties within ninety (90) days, it shall file a report of no conciliation with the Commission and REPORT what further action as provided herein should be taken. (b) A conciliation team may recommend: (1) That no further action be taken thus closing the case. (2) That the Commission cause to be served a written notice requiring the respondent to answer the charges of such complaint at a hearing before the Commission. Sec. 18-42. Notice and hearing. (a) In case of failure to satisfactorily settle a complaint by conference, conciliation, and persuasion, the Commission may issue and cause to be served a written notice together with a copy of such complaint, as the same may have have been amended, requiring the person charged to answer such complaint in writing within ten (10) days after the date of such notice or within such extended time that the Commission may allow. (b) When the conciliation team is satisfied that further endeavor to conciliate would be futile, the team shall report the same to the Commission. If the Commission determines that the circumstances warrant, it shall issue and cause to be served a written notice requiring the person charged to answer the charges of such complaint at a hearing before the Commission or such other person designated by the Commission to conduct the hearing, hereafter referred to as hearing examiner, and at a time and place to be specified in such notice. (c) The case in support of such complaint shall be presented at the hearing by the city attorney or his/her agent. The members of the Commission who investigated or attempted to conciliate the complaint shall not participate in the hearing except as a witness nor shall they participate in the deliberations of the Commission in such case. (d) The person charged may file a written verified answer to the complaint, and may appear at the hearing in person, with or without counsel, and submit 401 14 testimony. In the discretion of the hearing examiner, a complainant may be allowed to intervene and present testimony in person or by counsel. (e) When the person charged has failed to answer a complaint at a hearing as provided by this section, the Commission may enter his/her default. For good cause shown, the Commission may set aside an entry of default within ten (10) days after the Commission may proceed to hear testimony adduced upon behalf of the complainant. After hearing such testimony, the Commission may enter such order as in its opinion the evidence warrants. (f) The Commission or the complainant shall have the power to reasonably and fairly amend any complaint and the person charged shall have like power to amend his/her answer. (g) The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examination shall be preserved. Plaintiffs shall bear the burden of proving allegations in the complaint. The testimony taken at a hearing shall be under oath, recorded, and, if ordered by the Commission, transcribed. Sec. 18-43. Findings and order. (a) If upon taking into consideration of all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discriminatory or unfair practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission shall carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, and complainant, and to any other public officers and persons as the Commission deems proper. A description of possible remedial actions appear in Section 18-40. (b) If, upon taking into consideration of all the evidence at a hearing, the Commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the Commission shall issue an order denying relief and stating the findings of fact and conclusions of the Commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. Sec. 18-44. Judicial review; enforcement. (a) The Commission may obtain an order of court for the enforcement of Commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the county. (b) Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the person charged. Thereupon the Commission shall file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such transcript an order enforcing, modifying, and enforcing as so 1 15 modified, or setting aside the order of the Commission, in whole or in part. (c) An objection that has not been urged before the Commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (d) Any party to the enforcement proceeding may move the court to remit the case of the Commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to adduce such evidence before the Commission. (e) The Commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the Commission's orders. (f) The Commission may appear in court by the city attorney or his/her designee. (g) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the Commission, the Commission may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to jurisdiction of the Commission and resides or transacts business with the county. Passed and approved this ATTEST: ACTING CITY CLERK MAYOR EXHIBIT II Proposed Changes in Iowa City Human Rights Ordinance (Please refer to Ordinance No. 77-2830, Exhibit III) A. Article I, Section 18-1 Definitions (p. 1-3) redefine AGE: means chronological age of any person who has reached the age of 18 or is considered by law to be an adult. i RATIONALE: To clarify and make grammatically consistent with other definitions. add definition DEPENDENT: any person, regardless of age, who resides in a household and who derives primary care or support from that household. redefine DISABILITY: means the physical or mental condition of a person which constitutes a substantial handicap. A disabled individual is any person who 1) has a physical or mental impairment or mental impairment which substantially limits one or more of such person's major life activities, 2) has a record of such impairments, or 3) is regarded as having such impairment. RATIONALE: To make consistent with Federal definition of disability. add definition MARITAL STATUS: means condition of being married, single, divorced, separated, or widowed. l RATIONALE: To clarify and broaden protection in this area. add definition PUBLIC ASSISTANCE SOURCE OF INCOME: means income and support derived from any tax supported federal, state or local funds, including but not limited to Social Security, Supplemental Security Income, Aid to Families with Dependent Children, Food Stamps, Rent Subsidies, and unemployment compensation. i delete, under SEXUAL ORIENTATION: everything after the first sentence, ending "of the opposite sex." I j RATIONALE: To make form consistent with other definitions. AN 0 2 B. Article III, Section 18-31 Employment (p. 5-7) (a) The clause at the end, reading "unless such disability is related to job performance of such person or employee" to be deleted. RATIONALE: Necessary exemptions are covered in subsection (d). (d)-(2) Add the words "or disability" to the end of clause. RATIONALE: To clarify intent. (d)-(7) Omit entire subsection (d)-(7). Add a new section (d)-(8), to read: To employ on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. RATIONALE: To allow additional exemption to employers. i C. Section 18-32 Housing (p. 7-8) (a)-(1) The clause "marital status, sexual orientation, presence or absence of dependents, or public assistance source of income" to be added to the end of this section. RATIONALE: To broaden protection in this area. (a)-(2) (3) (4) The above condition to be made in the appropriate place in each of these sections. RATIONALE: To be consistent throughout section. (b)-(3) Shall be changed to read "Restrictions based on sex or the presence or absence of dependents in the rental or leasing of I housing accommodations by nonprofit corporations." (d) The words "age, disability, marital status, sexual orientation, or source of income" to be added to the end of this clause. RATIONALE: To broaden protection, clarify intent. I Section 18-33 Public Accommodation (d) The words "age or disability" to be added to the end of this clause. RATIONALE: To clarify intent. 3 D. Section 18-34 Credit (p.8-9) (a) The word "Physical" to be deleted. RATIONALE: To broaden and make consistent the protection in this area. (b) The word "physical" to be deleted. RATIONALE: To broaden and make consistent the protection in this area. (c) The word "physical," which appears twice in this clause, to be deleted in both cases. RATIONALE: To broaden and make consistent the protection in this area. Add a new section (d)-(1), to read: (d) The following are exempted from this section: (1) Refusal to enter into any consumer credit- transaction covered above shall not be a discriminatory practice if such denial is based on a fair and reasonable determination of credit- worthiness or ability to comprehend the transaction. RATIONALE: To broaden and make consistent the protection in this area. E. General Procedures (p. 9-14) Section 18-37 (a)(1): (p. 9) delete "labor" add "business" in line six. RATIONALE: To clarify intent. Section 18-38 (d); (p. 10) delete last sentence; replace with: "Predetermination settlements shall be subject to review by the commission chairperson." RATIONALE: To expedite processing of predetermination settlements. Section 18-40 (a); p. 12) in first sentence, line 2, delete "commission" and replace with "conciliation team." End of sentence shall still read "reported to the Commission." RATIONALE: To conform to current practice - Commission on a whole does not participate in conciliation of an individual case. Section 18-40: (p. 13-14) add new subsection (e): move subsections 18-43 (a)-(1), 18-43 (a)- (2), and 18-43 (a)-(3) to become a new subsection, (e)-(1), (2) and (3). RATIONALE: To define "remedial" action for purposes of conciliation. Section 18-41: (p. 13) in line 3, delete the words "designated members of the"; delete "recommend" in line 4 and replace with "report." Delete last sentence, beginning with "Similarly, if..." Additional note: Throughout the ordinance, wherever the listing of protected classes appears, the listing shall be made in alphabetical order; except under Housing, Sec. (a)(1)(2)(3)(4), where the classes "presence or absence of dependents" and "public assistance source of income" shall appear at the end of the listing of other protected classes. RATIONALE: To make the listings consistent and aid in comparison from section to section. T.r 4 RATIONALE: To conform to current practice - Commission on a whole does not participate in conciliation of an individual case. Section 18-40: (p. 13-14) add new subsection (e): move subsections 18-43 (a)-(1), 18-43 (a)- (2), and 18-43 (a)-(3) to become a new subsection, (e)-(1), (2) and (3). RATIONALE: To define "remedial" action for purposes of conciliation. Section 18-41: (p. 13) in line 3, delete the words "designated members of the"; delete "recommend" in line 4 and replace with "report." Delete last sentence, beginning with "Similarly, if..." Additional note: Throughout the ordinance, wherever the listing of protected classes appears, the listing shall be made in alphabetical order; except under Housing, Sec. (a)(1)(2)(3)(4), where the classes "presence or absence of dependents" and "public assistance source of income" shall appear at the end of the listing of other protected classes. RATIONALE: To make the listings consistent and aid in comparison from section to section. T.r City of Iowa City- MEMORANDUM ity MEMORANDUM DATE: March 8, 1984 T0: City Council FROM: Human Rights Commission, Chairperson RE: Proposed Changes to the Iowa City Non -Discrimination Ordinance Letters which we received prior to our public hearing in support of our proposals are attached. The letters opposing our proposals have been given to you by the Housing Commission. to//