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HomeMy WebLinkAbout110 Civil RightsSECTION 110 CIVIL RIGHTS SUBSECTIONS: 110.100: FINDINGS RELATING TO DISCRIMINATORY PRACTICES 110.200: DECLARATION OF POLICY AND PURPOSE 110.300: DEFINITIONS 110.400: VIOLATION OF CIVIL RIGHTS 110.500: CONTRACTS WITH CITY 110.600: RESPONSIBILITIES AND DUTIES OF CITY EMPLOYEES 110.700: PENALTY 110.100: FINDINGS RELATING TO DISCRIMINATORY PRACTICES: It is determined that discriminatory practices based on race, color creed, religion, ancestry or national origin 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. Such discriminatory practices that threaten the rights, privileges and opportunities which are hereby declared to be civil rights, and the adoption of the regulations contained in this Section is deemed to be an exercise of the police power to the City to protect such rights. 110.200: DECLARATION OF POLICY AND PURPOSE: It is the public policy of the City and the purpose of this Section: (1) To declare as civil rights the rights of all persons to the fullest extent of their capacities, and without regard to race, color, creed, religion, ancestry or national origin, equal opportunities with respect to employment, labor union membership, housing accommodations and public services; (2) To prevent and prohibit any and all discriminatory practices based on race, color, creed, religion, ancestry or national origin, age and sex with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services; (3) To protect all persons from unfounded charges of discriminatory practices; (4) To effectuate the foregoing policy by means of public information and education, mediation and conciliation, and enforcement; and (5) To eliminate existing and the development of any new ghettos in the community. 110.300: DEFINITIONS: Person: Includes one or more individuals, labor organizations, partnerships. associations, corporations, legal representatives, agents, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, public bodies or public corporations including but not limited to the City or any department or unit thereof. Hire: To engage or contract for, or attempt to engage or contract for the services of any person as an employee. Employ: To use or be entitled to the use and benefit of the services of a person as an employee. Employer: Includes any person within the City who hires or employs and 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, 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 occupation qualification for employment, provided such selection is not based on race, color, ancestry or national origin. Employee: Includes any and all persons who perform services of any employer for compensation, whether in the form of wages, salary, commissions or otherwise. 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 and includes any agent of such person. Labor Organization: Includes 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 conference, general committee, joint or system board, or joint council. Real Property: Any right, title, interest in or to their possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of such building in the City, except: ➢ The occupancy of a room or rooms by not more than two (2) persons unrelated to each other, in a residential unit, where such occupancy is by leave or license of an owner or lessee of such residential unit who occupies the same or a portion thereof as his principal place of abode. Real Estate Broker, Real Estate Salesman: A real estate broker as defined by Minnesota Statutes, section 82.01, subdivision 4, and a real estate salesman as defined by Minnesota Statutes, section 82.01, subdivision 5. Public Accommodations: Includes 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 patronage, including without limitation, theaters, hotels, motels, restaurants, taverns, barber shops, beauty shops, insurance companies, lending organizations, financial institutions and carriers. Public Services: Includes services or facilities provided the City to the general public. 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. Lawyer: A person duly authorized and licensed by the State of Minnesota to engage in the practice of law. Complainant: A person for or on behalf a complaint alleging unlawful discrimination has been filed or issued. Respondent: A person against whom a complaint alleging unlawful discrimination has been filed or issued. Discrimination: Any act or attempted act which because of race, color, creed, religion, ancestry or national origin, results in the unusual 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 a person of employment, membership in the labor organization, ownership or occupancy of real property, a public accommodation, a public service or an educational institution. Such discrimination is unlawful and a violation of this Section. 110.400: VIOLATION OF CIVIL RIGHTS: Without limitation, the following are declared to be discrimination: (1) Employer: For an employer, because of race, color, creed, religion, ancestry or national origin, 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. (2) Employment Agency: For an employment Agency, because of race, color, creed, religion, ancestry or national origin, to accord adverse, unlawful or unequal treatment to any person in connection with any application for employment, any referral or any request for assistance in procurement of employees or to accept any listing of employment on such a basis. (3) Labor Organizations: For any labor organization because of race, color, creed, religion, ancestry or national origin, 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 hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment. (4) Real Estate Brokers or Agents: For any person having any interest in real property and any real estate broker or real estate agent, because of race, color, creed, religion, ancestry or national origin 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. (5) Public Accommodations: For any person engaged in the provision of public accommodations, because of race, color, creed, religion, ancestry or national origin, 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, installations and repairs. (6) Public Services: For any person engaged in the provision of public services, by reason of race, color, creed, religion, ancestry or national origin, to fail or refuse to provide to any person access to the use and benefit thereof, or to provide adverse, unlawful or unequal treatment to any person in connection therewith. (7) Financial Institutions, Lenders: 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 the race, color, creed, religion, ancestry or national origin 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 or privileges of any such financial assistance or in the extension of services in connection therewith. (8) General; Aid or Abet: For any person, because of race, creed, religion, ancestry or national origin, 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 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 Section. (9) Religious Organizations: Wherever organizations or bodies are exempt from any of the provisions of this Section, such exemptions shall apply only to religious qualifications for employment or residence in church owned or operated property, and such organization shall not be exempt from any provisions of this Section relating to discrimination based upon race, color, ancestry or national origin. 110.500: CONTRACTS WITH CITY: The City, and all of its contracting agencies, departments and units, shall include in all contracts hereinafter entered, provisions whereby each other contracting party agrees: (1) That with respect to any and all businesses 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. (2) That in the event said other contracting party fails to perform the aforesaid contractual provisions, said contract may forthwith be terminated and cancelled 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 cancelled. (3) That should the City 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 fifteen percent (15%) of the said contract price until such time as the City's order has been compiled with or such other contracting party has been adjudicated not guilty of such discrimination. (4) That 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, its agencies or representatives, to ascertain compliance with the provisions of this Chapter applicable to said other contracting party. This Section shall be binding on all subcontractors or suppliers. 110.600: RESPONSIBILITIES AND DUTIES OF CITY EMPLOYEES: 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 Section, and shall, except as expressly prohibited by law, respond promptly to and all requests by the City for information and for access to data and records for the purpose of enabling the City to carry out its responsibilities under this Section. The failure of any such official, commissioner, agent, employee or servant of the City to comply with any provisions of this Section relating to any matter within the scope of his official duties shall be deemed a violation of this Section. 110.700: PENALTY: Any person who discriminates or commits any act of discrimination as provided in this Section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) for each offense or by imprisonment of not to exceed ninety (90) days for each offense or both such fine and imprisonment. (Ord. Amd. 119-09, publ. 11/09/2019)