For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them as follows:
A person, for whom or on whose behalf a complaint alleging
unlawful discrimination has been filed or issued.
Any act or attempted act which because of race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap, results in the unequal treatment or separation
or segregation of any person, or denies, prevents, limits or otherwise
adversely affects, or if accomplished would deny, prevent, limit or
otherwise adversely affect the benefit or enjoyment by any person
of employment, membership in a labor organization, ownership or occupancy
of real property, a public accommodation, a public service or an educational
institution.
Any university, college, or school operating within the City,
including any school, institution or organization for vocational training,
but the term shall not apply to the students of, or the education
provided by, any school maintained and operated by a religious corporation,
or association solely for the benefit of its own membership.
To use or be entitled to the use and benefit of the services
of a person as an employee.
Any and all persons who perform services for any employer
for compensation, whether in the form of wages, salary, commission
or otherwise.
Any person within the City who hires or employs any employee,
and any person wherever situated who hires or employs any employee
whose services are to be partially or wholly performed in the City,
but the term "employer" shall not include any person with
respect to the hiring or employment of a household domestic servant,
or any religious corporation, association or society with respect
to the hiring or employment of individuals of a particular religion,
when religion shall be a bona fide occupational qualification for
employment, provided such selection is not based on discrimination.
The state of being employed as an employee by an employer.
Any person regularly undertaking, with or without compensation,
to procure employees for any employer or to procure for employees
opportunities to work for any employer and includes any agent of such
a person.
To engage or contract for, or attempt to engage or contract
for, the services of any person as an employee.
Any person, employee representation committee, or plan in
which employees participate, and which exists wholly or in part for
the purpose of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours or other terms or conditions
of employment and shall include any conference, general committee,
joint or system board, or joint council.
A person duly authorized and licensed by the State to engage
in the practice of law.
The services and facilities of any and all places of business
within the City engaged generally in the provision of services or
goods to the public or soliciting generally the public patronage,
including, without limitation, theaters, hotels, motels, restaurants,
taverns, barber shops, beauty shops, insurance companies, lending
organizations, financial institutions and carriers.
Any services or facilities provided within the City to the
general public.
A real estate broker and a real estate salesman as defined
by State law.
Any right, title, interest in or to the possession, ownership,
enjoyment, or occupancy of any parcel of land, any building situated
thereon, or any portion of such building in the City.
A person against whom a complaint alleging unlawful discrimination
has been filed or issued.
(Ord. 1116 § 1)
It is the public policy of the City and the purpose of this
chapter:
A.
That
discriminatory practices based on race, age, color, sex, creed, religion,
marital status, ancestry, national origin or physical or mental handicap
with respect to employment, labor union membership, housing accommodations,
property rights, education, public accommodations, and public services,
or any of them, tend to create and intensify conditions of poverty,
ill health, unrest, lawlessness, and vice and adversely affect the
public health, safety, order, convenience and general welfare;
B.
To declare
as civil rights the rights of all persons to the fullest extent of
their capacities, and without regard to race, age, color, sex, creed,
religion, marital status, ancestry, national origin, or physical or
mental handicap, equal opportunities with respect to employment, labor
union membership, housing accommodations, property rights, education,
public accommodations and public services;
C.
To prevent
and prohibit any and all discriminatory practices based on race, age,
color, sex, creed, religion, marital status, ancestry, national origin
or physical or mental handicap with respect to employment, labor union
membership, housing accommodations, property rights, education, public
accommodations, or public services;
D.
To protect
all persons from unfounded charges of discriminatory practices; and
E.
To effectuate
the foregoing policy by means of public information and education,
mediation and conciliation, and enforcement.
(Ord. 1116 § 2)
Without limitation, the following are declared to be discrimination:
A.
Employer:
For an employer, because of race, age, color, sex, creed, religion,
marital status, ancestry, national origin or physical or mental handicap,
to fail or refuse to hire, to discharge an employee, or to accord
adverse, unlawful or unequal treatment to any person or employee with
respect to application, hiring, training, apprenticeship, tenure,
promotion, upgrading, compensation, layoff, discharge, or any term
or condition of employment.
B.
Employment
Agency: For an employment agency, because of race, age, color, sex,
creed, religion, marital status, ancestry, national origin or physical
or mental handicap, to accord adverse, unlawful or unequal treatment
to any person or employee with respect to application, hiring, training,
apprenticeship, tenure, promotion, upgrading, compensation, layoff,
discharge, or any term or condition of employment.
C.
Labor
Organization: For any labor organization, because of race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap, to deny full and equal membership rights
to an applicant for membership or to a member; to expel, suspend or
otherwise discipline a member; or to accord adverse, unlawful or unequal
treatment to any person with respect to his or her hiring, apprenticeship,
training, tenure, compensation, upgrading, layoff or any term or condition
of employment.
D.
Persons
Transferring Real Property: For any person, having any interest in
real property and any real estate broker or real estate agent, because
of race, age, color, sex, creed, religion, marital status, ancestry,
national origin or physical or mental handicap, to fail or refuse
to sell, rent, assign, or otherwise transfer any real property to
any other person, or to accord adverse, unlawful, or unequal treatment
to any person with respect to the acquisition, occupancy, use, and
enjoyment of any real property.
E.
Persons
Engaged in Public Accommodations: For any person engaged in the provision
of public accommodations, because of race, age, color, sex, creed,
religion, marital status, ancestry, national origin or physical or
mental handicap, to fail or refuse to provide to any person access
to the use of and benefit from the services and facilities of such
public accommodations; or to accord adverse, unlawful, or unequal
treatment to any person with respect to the availability of such services
and facilities, the price or other consideration therefor, the scope
and quality thereof, or the terms and conditions under which the same
are made available, including terms and conditions relating to credit,
payment, warranties, delivery, installation, and repair.
F.
Persons
Engaged in Public Services: For any person engaged in the provision
of public services, by reason of race, age, color, sex, creed, religion,
marital status, ancestry, national origin or physical or mental handicap,
to fail or refuse to provide to any person access to the use and benefit
thereof, or the terms and conditions under which the same are made
available, including terms and conditions relating to credit, payment,
warranties, delivery, installation, and repair.
G.
Any Person
Concealing or Aiding in Discrimination: For any person, because of
race, age, color, sex, creed, religion, marital status, ancestry,
national origin or physical or mental handicap, to conceal or attempt
to conceal any unlawful discrimination or to aid, abet, compel, coerce,
incite or induce, or attempt to induce, another person to discriminate,
or by any means, trick, artifice, advertisement or sign, or use any
form of application, or make any record or inquiry, or device whatsoever
to bring about or facilitate discrimination, or to engage in or threaten
to engage in any reprisal, economic or otherwise, against any person
by reason of the latter's filing a complaint, testifying or
assisting in the observance and support of the purposes and provisions
of this chapter.
H.
Financial
Institutions: For any person, bank, banking organization, mortgage
company, insurance company, or other financial institution or lender
to whom application is made for financial assistance for the purchase,
lease, acquisition, construction, rehabilitation, repair, or maintenance
of any real property or any agent or employee thereof, to discriminate
against any person or group of persons, because of race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap of such person or group of persons or
of the prospective occupants or tenants of such real property in the
granting, withholding, extending, modifying, renewing, or in the rates,
terms, conditions, the extension of services in connection therewith.
I.
Exempt
Religious Organizations: Wherever religious organizations or bodies
are exempt from any of the provisions of this chapter, such exemption
shall apply only to religious qualifications for employment or residence
in church owned or operated property, and such organizations shall
not be exempt from any provisions of this chapter relating to discrimination
based upon race, age, color, sex, ancestry, national origin or physical
or mental handicap.
(Ord. 1116 § 3)
The City and all of its contracting agencies, departments and
units shall include in all contracts hereinafter entered into, or
renewed or extended, provisions whereby each other contracting party
agrees that:
A.
Contractor
Deemed Employer: With respect to any and all business conducted or
acts performed pursuant to said contract, such other contracting party
shall be deemed an employer within the meaning of this chapter and
shall be subject to the provisions of this chapter;
B.
Failure
to Perform: In the event said other contracting party fails to perform
the aforesaid contractual provisions, said contract may forthwith
be terminated and canceled in whole or in part by the City and said
other contracting party shall be liable for any costs or expense incurred
by it in obtaining from other sources the work and services to be
rendered or performed or the goods or properties to be furnished or
delivered to the City under the contract so terminated or canceled;
C.
Withholding
of Contract Price: Should the City Council in a proceeding brought
as hereinafter provided find that the said contracting party has engaged
in discrimination in connection with any such contract and issue a
cease and desist order with respect thereto, the City shall withhold
up to 15% of the said contract price until such time as the Council's
order has been complied with or said other contracting party has been
adjudicated not guilty of such discrimination;
D.
Access
to Records: Said other contracting party will permit access to any
and all records pertaining to hiring and employment and to other pertinent
data and records for the purpose of enabling the City Council, its
agencies or representatives, to ascertain compliance with the provisions
of this chapter applicable to said other contracting party;
E.
Binding
on Subcontractors, Suppliers: This section shall be binding on all
subcontractors or suppliers.
(Ord. 1116 § 4)
All officials, commissioners, agents, employees and servants
of the City, elected and appointed, including civil service employees,
and whether serving with or without compensation, shall observe the
terms and provisions of this chapter and shall, except as expressly
prohibited by law, respond promptly to any and all requests by the
City Council for information and for access to data and records for
the purpose of enabling the City Council to carry out its responsibilities
under this chapter. The failure of any such official, commissioner,
agent, employee or servant of the City to comply with any provision
of this chapter relating to any matter within the scope of his or
her official duties shall be deemed a violation of this chapter.
(Ord. 1116 § 5)
