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HomeMy WebLinkAbout1979-04-10 OrdinanceORDINANCE NO. 79-2951 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF IOWA CITY CONSISTENT WITH AMENDMENTS TO CHAPTER 601A OF THE CODE OF IOWA. BE IT ENACTED: SECTION 1. PURPOSE. The purpose of the ordinance is to amend Chapter 18 of the Code of Ordinance, the Human Rights Chapter, to comply with Chapter 601A, the Civil Rights Chapter of the Code of Iowa SECTION 2. AMENDMENT. Chapter 18 is hereby amended as follows: A. The definition of "Age" in Sec. 18-1 shall read as follows: "Age" means discriminatory practices toward persons who have reached the age of eighteen or are considered by law to be an adult. B. Sec. 18-17(1) is hereby amended to read as follows: (1) To receive, investigate, and finally determine the merits of complaints alleging unfair or discriminatory prac- tices. C. Sec. 18-31(d)(1) is hereby amended to read as follows: I. 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 admin- istrative officer, serving in a super- visory capacity of a bona fide religious educational facility or religious insti- tution, shall be presumed to be a bona fide occupational qualification. D. Sec. 18-31(d) is hereby amended by adding the following sections: 6. Notwithstanding the provisions of this section, a state or federal program MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOf1IE5 �7z 7 E F OR ANC[ NO. 79-2951 �. Page 2 designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible. 7. This section shall not apply to age dis- crimination in a bona fide apprenticeship employment program if the employee is over forty-five years of age. Sec. 18-32 is hereby amended by adding the following section: (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 pro- spective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, 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. Sec. 18-34 shall be amended to read as fol- lows: 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 race,color, creed, religion, national origin, age, sex, marital status, sexual orientation, or physical disability. (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, national origin, race, religion, marital status, sexual orientation, sex or physical disability. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L I G H. OR 'INCL NO. 79-2951 Page 3 (c) It shall be unlawful for any creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical dis- ability, sex or sexual orientation. 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 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. Sec. 18-37(b) is hereby amended to read as follows: Any complaint filed under this ordinance shall be filed within 180 days after the most recent act constituting the alleged discriminatory practice. Sec. 18-38(a) is hereby amended to read as follows: 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. Sec. 18-40 is hereby amended by adding the following section: (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 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES OR;NCE NO. 79-2951 Page 4 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 At 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 re- spondent, the commission shall take appropriate action to assure compliance. J. Sec. 18-43 is hereby amended to read as follows: (a) If upon taking into consideration of all of the evidence at a hearing, the com- mission 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. (1) For the purposes of this subsection and pursuant to the provisions of this chapter "remedial action" in- cludes but is not limited to the following: Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES OR, INCE N0. 79-2951 Page 5 ii. Admission or restoration of individuals to a labor organ- ization, admission to or participation in a guidance program, apprenticeship train- ing program, on-the-job train- ing program or other occupa- tional training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. iii. Admission of individuals to a public accommodation or an ed- ucational institution. iv. Sale, exchange, lease, rental, assignment or sublease of real property to an individual. V. Extension to all individuals of the ful l and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. vi. Reporting as to the manner of compliance. vii. Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusion of notices in advertising material. viii. 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. (2) In addition to the remedies in the pre- ceeding provisions of this subsection, the commission may issue an order re- quiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401PIES ORI ANCE NO. 9-2951 Page G action as in the judgment of the com- mission will carry out the purposes of this chapter as follows: In the case of a respondent operat- ing 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 commission finding of a discriminatory or unfair 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 dis- ciplinary procedures. ii. In the case of a respondent who is found by the commission to have engaged in a discriminatory 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, re- quested, 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 discrim- inatory or unfair practice is re- versed in the course of judicial review, the finding of discrim- ination is binding on the con- tracting agency. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I Ok'7ANCE NO. 79-2051 Page 7 Upon receiving a cert ificaLion made under this subsection, a con- tracting agency may take appro- priate action to terminate a con- tract 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 sub- divisions and agencies thereof to refrain from entering into further contracts. (3) 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. (b) If, upon taking into consideration all of 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. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ORD)'O�ICE NO. 79-2951 Page d Passed and approved this 10th day of April, 1979. ��(/Oi✓GGri MAYOR ATTEST: TY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 1 r r OR' WE NO. 79-2951 Page 9 It was moved by deProsse and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl _ x Neuhauser x Perret x Roberts x Vevera First consideration 3/27/79 Vote for passage: Ayes: Erdahl, Perret, Vevera, Balmer, deProsse. Nays: n n Absent: Neuhauser, Roberts. Second consideration 4/379 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Date of publication April 18, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES BY M LEGAL Dt:',;R7'IEEMl' 1 , r, MICROFILMED Or JORM MICROLAB