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
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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.
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(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
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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.
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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
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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.
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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.
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Passed and approved this 10th day of April, 1979.
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MAYOR
ATTEST:
TY CLERK
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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
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