[Amended by Bill No. 11-22]
The population of the County consists of persons of all age groups, both sexes and many races, colors, religions, ancestries, national origins, varied appearances and varied disabilities, all of whom should be free to exercise and enjoy all civil and constitutional rights, be assured equal protection of the law, equal treatment and fair treatment of the law and due process of the law with respect to education, housing, administration of justice, employment, public accommodations, government services and other related fields as situations may require, without interference and without discrimination because of race, creed, color, sex, national origin, ancestry, age, occupation, marital status, political opinion, personal appearance, mental or physical disability or familial status. The denial of these rights, privileges or freedoms endangers the rights of all citizens, intensifies group conflict, undermines the basic premises of a free society under democracy, adversely affects the general welfare of the entire community and reduces its productive capacity.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMMISSION The Human Relations Commission as established by the Charter.
DISCRIMINATION Acting or failing to act or unduly delaying any action regarding any person because of race, creed, color, sex, national origin, age (except as required by state or federal law), occupation, marital status, political opinion, personal appearance, physical or mental handicap or familial status in a way that adversely affects or interferes with such person's civil and constitutional rights, equal and fair treatment, due process in the areas of housing, employment, administration of justice, county services, education, public accommodations or other such related areas.
[Amended by Bill No. 11-22]
DWELLING Any building or structure, or portion thereof, which is designed, intended or arranged for use or occupancy as a home, residence or sleeping place for one (1) or more individuals,
EMPLOYER Any person engaged in commerce, industry, agriculture or a lawful profession who for compensation has hired or contracted for the services of five (5) or more employees for a total of twenty (20) or more hours in the current or preceding calendar year, or any agent of such person. "Employer" includes the county, a body corporate and politic of the state, to the extent provided in this chapter, and other governmental agencies.
EMPLOYMENT AGENCY Any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, including an agent of such a person, but not including any agency of the federal or state governments.
EQUAL TREATMENT Includes, but is not limited to, equal protection of the laws or a requirement of applying the same set of standards in a like manner in like instances, situations, occurrences or happenings with respect to the effort on a person's quality of life, liberty or the pursuit of happiness.
FAMILIAL STATUS One or more individuals, who have not attained the age of 18 years, being domiciled with:
[Added by Bill No. 11-22]
A. A parent or another person having legal custody of such individual or individuals; or
B. The designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. |
HOUSING Any dwelling for the use of one (1) or more individuals, groups or families, any mobile home site and any land offered for sale or lease for the construction of such dwelling, building, structure or mobile home site.
HUMAN RELATIONS COMMISSION COORDINATOR That person assigned by the County under the guidance of the Human Relations Commission to investigate complaints arising out of a violation of this chapter. The term shall include the word "investigator" and supportive staff of the Coordinator.
LABOR ORGANIZATION A person or organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization.
LENDING INSTITUTION Any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money or guaranteeing loans within the County.
OCCUPATION The principal lawful activity of one's life. Persons included in this definition are students, welfare recipients, retired persons and all other persons, irrespective of income, who are denied the equal protection of the laws.
PERSONAL APPEARANCE The outward appearance of any person, irrespective of sex, with regard to hairstyle, beards or manner of dress. Such term shall not relate to the requirement of cleanliness, uniforms or prescribed attire when uniformly applied for admittance to a public accommodation or a class of employees for a customary or reasonable business.
PLACE OF PUBLIC ACCOMMODATION Any retail store, inn, hotel, motel or other establishment which provides lodging to transient persons or any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility at which food or alcoholic beverages are sold for consumption on the premises or any gasoline station, motion-picture house, theater, concert hall, sports arena, stadium or place of exhibition or entertainment. Such term shall also include any athletic or recreation facility or any barbershop, beauty salon, health spa or other facility or any medical and health service individual, business or facility which maintains a building or office for providing related services or health care to the public or any educational or training facility and program which provides related services.
POLITICAL OPINION The opinion of persons relating to government or the conduct of government or related to political parties authorized to participate in primary elections in the state.
RESTRICTIVE COVENANT Any specification limiting the transfer, rental or lease of any dwelling because of race, color, religion or national origin.
UNLAWFUL PRACTICE An act of commission or omission which a legislative act has declared unlawful and which the County shall have the power to order to discontinue.
[Amended by Bill No. 76-95]
Any person claiming to be aggrieved by an alleged violation of this chapter may proceed directly with civil or criminal enforcement as provided for by this chapter, or the aggrieved person may file a complaint with the Human Relations Commission Coordinator of the county. If a complaint is so filed, the following procedures shall be utilized:
A. Form, contents, etc. Complaints shall be filed on a written complaint form provided by the Coordinator. The complaint shall state the name and address of the complainant and the respondent and such other information as may be required from time to time by the Coordinator. The complaint must be filed within six (6) months after the alleged violation has occurred or was discovered by the complainant. Complaints may be reasonably amended at any time after being filed.
B. Investigation, determination and conciliation.
(1) After the filing of any complaint, the Coordinator shall consider the complaint and cause it to be promptly investigated, and a copy of the complaint and any amendments thereto shall be served upon the respondent by certified mail within sixty (60) days after it is filed or amended.
(2) The results of the investigation shall be made as written findings, and copies of the findings shall be furnished to the parties.
(3) If the findings are that there is reasonable cause to believe that a violation of this chapter has occurred, the Coordinator shall immediately, but not later than thirty (30) days after the date of such findings, attempt to eliminate the violation by conference, conciliation and persuasion. If an agreement is reached for the elimination of the violation, it shall be reduced to a legally enforceable written instrument. If the Coordinator is unable to reach an agreement, the Coordinator shall so certify in writing that conciliation has failed and provide notice of such certification to all parties.
(4) If the findings are that there is no reasonable cause to believe that a violation of this chapter has occurred, the Coordinator shall transmit the findings to the parties no later than ten (10) days after the date of such findings.
(5) If there is a finding that there is a possible violation of this chapter and conciliation has failed, the Coordinator shall transmit the case to the proper criminal enforcement authority for further action.
If, at any time after a complaint has been filed, the Coordinator reasonably believes that appropriate civil action to preserve the status quo or to prevent irreparable harm is advisable, the Coordinator, represented by the County Attorney, may bring any action necessary to preserve such status quo or to prevent such irreparable harm, including but not limited to an action to obtain a temporary restraining order and for a preliminary injunction.
Any person who willfully falsifies any documents, records or reports that have been subpoenaed pursuant to this chapter or who willfully gives false testimony before any investigator or any court of law or who intimidates any witness, complainant or respondent in any proceeding before any investigator or court of law, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000.) or to imprisonment for a period not to exceed six (6) months, or both.
Any person who shall be found to have committed a violation of the provisions of this chapter relating to discriminatory or wrongful practices resulting in damage to the person aggrieved by such discriminatory or wrongful practices shall be liable for the payment to such person aggrieved of a civil penalty recoverable in a civil action.
It shall be unlawful for any person to retaliate or to cause or coerce or attempt to cause or coerce any other person to retaliate against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way in any proceeding under this chapter. Any person violating this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.) or a sentence of not more than six (6) months in jail, or both.
During the investigation of any complaint alleging a violation of this chapter and until such matters reach the stage of court hearings, the activities of all persons involved in connection with an investigation shall be conducted without publicity, and the investigators and other government employees shall hold confidential any information in relation thereto, including the identity of the complainant and the respondent, except that:
A. Any information may be released at any time if the release has been agreed to in writing by both complainant and respondent.
B. The identity of the complainant shall be disclosed to the respondent upon request.
C. The persons investigating complaints shall cooperate with federal and state agencies.
D. Any investigator or other government employee who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more that one thousand dollars ($1,000.) or imprisoned for not more than six (6) months, or both.
The provisions of this chapter shall be construed as vesting in all persons the right to be free of any practices within the county which are prohibited herein. Any person who is aggrieved by an act prohibited herein may bring an appropriate action in law or in equity in the Circuit Court for the county to seek damages, including counsel fees, redress of injury or injunctive relief arising out of any act prohibited herein, in addition to pursuing the procedures and seeking the remedies established herein.
It shall be a misdemeanor for any person to violate any unlawful practice prohibitions of this chapter, and, upon conviction of such violation, such person shall be punished by a fine of not more than one thousand dollars ($1,000.) or imprisoned for not more than six (6) months, or both.