[Amended 3-6-1978 by Ord. No. 5089]
Any citizen complaining of a violation of any
of the provisions of this article may submit such complaint to the
Human Relations Commission.
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State law reference — Employment discrimination,
K.S.A. § 44-1009 et seq. and § 44-1110 et seq.
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A.
In the event that the Human Relations Commission receives
a complaint that the City refused to hire, discharged, failed to promote
or discriminated against any person in compensation or conditions
of employment because of race, color, religion, sex, disability, national
origin or ancestry, the Human Relations Commission may investigate
after the complaint has followed the formal grievance procedure of
the City. After the grievance procedure has been complied with and
the complaint is not resolved, the Chairperson of the Commission shall
designate one or more Commissioners to investigate the complaint.
The investigation shall be completed within 30 days and submitted
to the full Commission.[1]
B.
In the event that the full Commission, at its next
regular meeting after the submission of the investigation, finds there
is probable cause for crediting the allegations of the complaint,
the Commission shall designate three members to attempt to conciliate
and mediate. In the event that no probable cause is found, the complainant
shall be informed in writing by the Chairperson and a report made
to the governing body of the City.
C.
In the event that probable cause is found by the Commission,
then within 15 days after conciliation and mediation have begun the
Commissioners charged with the responsibility shall issue a report
to the governing body stating the nature of the complaint and the
state of the negotiations. If, 30 days after conciliation and mediation
have begun, no final resolution of the complaint has been reached,
the complainant shall be advised of his opportunity to file a complaint
with an appropriate state or federal agency, and the Human Relations
Commission shall cease its attempts to conciliate or mediate the complaint
and render a full report of its activity in regard to the complaint
to the governing body forthwith.
A.
In the event that the Human Relations Commission receives
a complaint that any person, firm or corporation in the City of Parsons,
other than the City of Parsons, refused to hire, discharged, failed
to promote or discriminated against any person in compensation or
conditions of employment because of race, color, religion, sex, disability,
national origin or ancestry, or any employment agency refused to list
and properly classify for employment or refused to refer an individual
for employment because of race, color, religion, sex, disability,
national origin or ancestry, or any labor organization excluded or
expelled from its membership any individual or discriminated against
any individual in the admission, hiring, assignment, upgrading, transfer,
promotion, layoff, dismissal, apprenticeship, or training of any individual
because of race, color, religion, sex, disability, national origin
or ancestry, the Human Relations Commission may investigate said complaint.[1]
B.
The Chairperson of the Human Relations Commission
shall designate one or more Commissioners or may request the Equal
Opportunity Officer to investigate the complaint. The investigation
shall be completed within 30 days and submitted to the full Commission.
C.
In the event that the full Commission, at its next
regular meeting after the submission of the investigation, finds there
is probable cause for crediting the allegations of the complaint,
the Commission shall designate three members to attempt to conciliate
and mediate the complaint with the parties. In the event that no probable
cause is found by the Commission, the complainant and respondent shall
be informed in writing by the Chairperson and the investigation closed.
D.
In the event that probable cause is found by the Commission
within 30 days after conciliation and mediation have begun, the Commissioners
charged with the responsibility shall issue a report to the Human
Relations Commission concerning the results of the mediation and conciliation.
In the event that no final resolution of the complaint has been reached
within said 30 days, the complainant shall be advised of his opportunity
to file a complaint with the appropriate state or federal agency,
and the Commission shall cease to attempt to mediate and conciliate
and close its investigation.
A.
DISCRIMINATE
ETHNIC MINORITY GROUP
Definitions. For the purpose of this section, the
following terms, phrases, words, and their derivations shall have
the meaning given herein unless the context otherwise indicates:
To make distinctions in treatment because of the race, color,
religion, sex, disability, national origin or ancestry of any person.[1]
As defined in K.S.A. § 74-3284(e).[2]
B.
Policy. The policy of the City shall be to provide
equal opportunity to all employees and applicants for employment without
regard to race, color, religion, sex, disability, national origin
or ancestry and, to the greatest extent feasible, to provide opportunities
for employment and training to lower-income residents of the City.
[Amended 9-22-1977 by Ord. No. 5067[3]]
C.
Prohibited. No person who is a citizen of the United
States shall be refused or denied employment in any capacity on the
ground of race, color, religion, sex, disability, national origin
or ancestry or be discriminated against in any manner by reason thereof
in connection with any employment or public work on behalf of the
City. The provisions of this subsection shall apply to and become
a part of any contract hereafter made by or on behalf of the City
which may involve the employment of laborers, workmen, mechanics,
or any other type or types of employees whatsoever on any public work
and shall apply to contractors, subcontractors, or other persons doing
or contracting to do the whole or a part of any public work contemplated
by the contract.[4]
D.
Affirmative action program.
(1)
Affirmative actions shall be taken to ensure the implementation
of the policy stated in this article concerning City employment.
(2)
Minorities and females are encouraged to apply for
jobs, seek further training, and compete for promotions, and all will
be afforded equal opportunity for development, advancement, and job
security. Supervisors, at all levels, will ensure that all actions
affecting the individual employee will be accomplished without discrimination.
All personnel responsible for these functions will plan and take affirmative
action to achieve improvement of the status of minority and female
employees to the maximum extent possible. These policies are designed
to ensure against practices of discrimination directed toward minority
and female employees; however, this does not imply preferential employment
for racial minorities or females but is designed to accomplish a positive,
continuing and affirmative equal employment opportunity program for
all citizens.
E.
Antidiscrimination clause in construction contracts.
Every construction contract entered into by the City shall include
the following provisions as part of the contract:
[Amended 9-22-1977 by Ord. No. 5067[5]]
(1)
The contractor shall not discriminate against any
employee or applicant for employment because of race, color, religion,
sex, disability, national origin or ancestry. The contractor shall
take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their
race, color, religion, sex, disability, national origin or ancestry.
(2)
The contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all applicants will receive consideration for employment without regard
to race, color, religion, sex, disability, national origin or ancestry.
(3)
The City of Parsons may direct that any bidder or
prospective contractor or subcontractor shall submit a statement in
writing, signed by an authorized officer or agent on behalf of any
labor union or any agency referring workers or providing or supervising
apprenticeship or other training, with which the bidder or prospective
contractor deals, with supporting information, to the effect that
the signer's practices and policies do not discriminate on the grounds
of race, color, religion, sex, disability, national origin or ancestry
and that the signer will affirmatively cooperate in the implementation
of the policy and provisions of this section of the Code of the City
of Parsons. In the event that the union or the agency shall refuse
to execute such a statement, the bidder or prospective contractor
or subcontractor shall certify such fact to the City and shall further
certify and set forth what efforts have been made to secure such statement
and such additional factual material as the governing body of the
City may require.
(4)
The contractor shall, to the greatest extent feasible,
give opportunities for employment and training to lower-income residents
of the project area and award contracts for work in connection with
the project to business concerns which are located in, or owned in
substantial part by, persons residing in the area of the project.
F.
City may require persons awarded construction contracts
to submit affirmative action program.
(1)
In any invitation for bids, or other solicitation
used for any proposed construction contract by the City, the City
may require a written statement to be signed by the bidder and submitted
with his bid stating that in the event he becomes the successful bidder
he will submit to the City an acceptable affirmative action program
in writing, consisting of matters hereinafter specified, whether or
not the work or any part thereof is subcontracted, prior to the issuance
of the work order.
(2)
An acceptable affirmative action program shall include:
(a)
A statement of equal employment policy, signed
by the contractor, which statement shall contain identification of
the contract, the amount of the contract, project identification number,
and any such other identification as may hereinafter be requested
and shall show that said contractor intends to, and will, exert positive
effort to assure equal opportunity in employment in the performance
of the contract.
(b)
An estimate of the number of the total work
force (both administrative and craft) to be employed upon the project.
(e)
A statement that the contractor will maintain
support data to show the progress toward said goals and that the contractor
will furnish from time to time, upon reasonable request, a report
of progress to the Equal Employment Officer of the City.
(f)
A statement that in any contract with a subcontractor, the contractor shall require that the subcontractor comply with Subsection F(2)(a) through (e) above; provided, however, that failure by a subcontractor to comply with such subsections shall not excuse the contractor from his duties with respect to the whole contract.
G.
Any violation of the provisions of Subsection C of this section, and any willful violation of the terms of the required affirmative action program, shall be cause for cancellation, termination or suspension of the contract, in whole or in part. Any violation of this article shall be considered in determining whether the contractor is a responsible person or bidder in the awarding of any further contracts by the City.
