HomeMy WebLinkAbout~Master - Amending Chapter 19 1/2 of Municipal Code, Human Relations ORDINANCE NO. 2734
AN ORDINANCE TO AMEND THE
MUNICIPAL CODE OF THE CITY OF
AMES, IOWA BY REPEALING CHAP-
TER 1912 (HUMAN RELATIONS )
THEREOF AND ENACTING A NEW
CHAPTER 1912 (HUMAN RELATIONS )
FOR THE PURPOSE OF BECOMING
CONSISTENT WITH THE LAWS OF
THE STATE OF IOWA; REPEALING
ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HERE-
WITH; AND ESTABLISHING AN
EFFECTIVE DATE
Section One. The Municipal Code of the City of
Ames, Iowa shall be and is hereby amended by repealing
Chapter 191,2 as said Chapter has existed heretofore, and
enacting a new Chapter 1912 to read as follows :
CHAPTER 191,2
HUMAN RELATIONS
Sec. 1912-1001 . Purpose of chapter.
The purpose of this chapter is to implement the
provisions of Chapter 601A, Code of Iowa, and to
further provide for the general welfare of persons
in the City of Ames, Iowa, by prohibiting certain
discriminatory practices based on race, creed,
sex, disability, age, national origin, religion,
or ancestry, and to establish a commission for the
investigation of complaints of discrimination;
and, to undertake projects of education to prevent
discrimination; and, to establish procedures for
the conciliation of such complaints; and, to
enforce the provisions hereof.
Sec. 1912-1002 . Definitions .
tWhen used in this chapter, unless the context
otherwise requires :
1 . "Court" means the district court in and for
the judicial district of the state of Iowa in
which the alleged unfair or discriminatory prac-
tice occurred or any judge of said court if the
court is not in session at that time.
2 . "Person" means one or more individuals, part-
nerships, associations, corporations, legal repre-
sentatives, trustees, receivers, and the state of
Iowa and all political subdivisions and agencies
thereof.
3 . "Employment agency" means any person under-
taking to procure employees or opportunities to
work for any other person or any person holding
himself or itself to be equipped to do so.
4. "Labor organization" means any organization
which exists for the purpose in whole or in part
of collective bargaining, of dealing with em-
ployers concerning grievances, terms, or condi-
tions of employment, or of other mutual aid or
protection in connection with employment.
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5 . "Employer" means the state of Iowa or any po-
litical subdivision, board, commission, depart-
ment, institution, or school district thereof, and
every other person employing employees within the
state.
6 . "Employee" means any person employed by an
employer.
7. "Unfair practice" or "discriminatory practice"
means those practices specified as unfair or dis-
criminatory in this chapter.
8 . "Commission" means the Ames Human Relations
Commission created by this chapter.
9 . "Commissioner" means a member of the commis-
sion.
10 . "Public accommodation" means each and every
place, establishment, or facility of whatever
kind, nature, or class that caters or offers
services, facilities, or goods to the general
public for a fee or charge, provided that any
place, establishment, or facility that caters or
offers services, facilities, or goods to the
general public gratuitously shall be deemed a
public accommodation if the accommodation receives
any substantial governmental support or subsidy.
Public accommodation shall not mean any bona fide
private club or other place, establishment, or
facility which is by its nature distinctly pri-
vate, except when such distinctly private place,
establishment, or facility caters or offers ser-
vices, facilities, or goods to the general public
for fee or charge or gratuitously, it shall be
deemed a public accommodation during such period.
"Public accommodation" includes each state and
local government unit or tax-supported district of
whatever kind, nature, or class that offers ser-
vices , facilities, benefits, grants or goods to
the public, gratuitously or otherwise. This para-
graph shall not be construed by negative implica-
tion or otherwise to restrict any part or portion
of the pre-existing definition of the term "public
accommodation" .
11 . "Disability" means the physical or mental
condition of a person which constitutes a substan-
tial handicap. In reference to employment, under
this chapter, "disability" also means the physical
or mental condition of a person which constitutes
a substantial handicap, but is unrelated to such
person' s ability to engage in a particular occupa-
tion.
Sec. 1912-1003 . Commission Appointed-Staff-Hearing
Officers
1 . Commission Appointed
The Ames Human Relations Commission shall consist
of seven (7 ) members appointed by the Mayor with
the advice and consent of the City Council .
Appointments shall take into consideration the
various racial, religious, cultural, and social
groups and geographical areas within the City of
Ames insofar as may be practicable. The term of
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appointment shall be three (3 ) years from April 1
of the year in which the appointment is made,
except that for the purpose of maintaining an
appropriate staggering of terms, the Mayor may
prescirbe a shorter term for any appointment or
reappointment. In the event that a vacancy occurs
in the membership of the Commission by death,
resignation or otherwise prior to the normal
expiration of the appointee ' s term, the Mayor,
with the approval of the City Council, shall
appoint a person to serve out the remainder of the
unexpired term. Any member or all members of the
Commission may be removed from office at any time
by the Mayor with the approval of the City Coun-
cil, for good cause. No person shall serve on the
Commission for more than six (6 ) years . The
Commission shall elect one of their members to be
chairperson, and develope their own rules of
procedure, not inconsistent with this chapter.
2 . Staff Function, Investigation and
Conciliation Officers
The Mayor, with the advise of the Human Relations
Commission and consent of the City Council, shall
appoint a minimum of seven persons as Investiga-
tion and Conciliation Officers, said persons to
serve as unpaid staff to the Commission. Their
term of office, method of appointment and method
for filling vacancies shall be the same as pre-
scribed for Commission members .
3 . Hearing Officers
There shall also be appointed by the Mayor, with
the advice of the Ames Human Relations Commission
and consent of the Council, a group of persons
educated in the law from among whom a hearing
officer shall be drawn by lot when needed to make
a "determination of probable cause" as required in
this chapter, or when deemed advisable by the
Commission, to conduct a hearing as provided for
herein. There shall be no limit to the number of
persons who may be added to said panel, but the
number shall not be allowed, by declinations to
serve or otherwise, to fall below three. No person
shall serve on this panel for more than six conse-
cutive years .
Sec. 1912-1004. Compensation and Expenses
The members of the Commission, the Investigation
and Conciliation Officers and the persons on the
hearing officer panel shall serve without salary,
wages or other compensation provided that they may
receive reimbursement for actual and necessary
expenses incurred as allowed by the City Council
pursuant to such procedures and policies for the
reimbursement of expenses as shall be established
by the City of Ames from time to time.
Sec. 1912-1005 . Powers and Duties
The Commission shall have the following powers and
duties :
1 . Prescribe the duties of the Director under
this chapter, the director shall be a person
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appointed by the Ames City Manager and serving as
the affirmative action officer for the City of
Ames .
2 . To receive, investigate, and finally determine
the merits of complaints alleging unfair or dis-
criminatory practices .
3 . To investigate and study the existence, cha-
racter, causes, and extent of discrimination in
public accommodations, employment, apprenticeship
programs, on-the-job training programs, vocational
schools, credit practices, and housing in this
city and to attempt the elimination of such dis-
crimination by education and conciliation.
4. To seek a temporary injunction against a re-
spondent when it appears that a complainant may
suffer irreparable injury as a result of an al-
leged violation of this chapter. A temporary
injunction may only be issued ex parte, if the
complaint filed with the commission alleges dis-
crimination in housing. In all other cases a
temporary injunction may be issued only after the
respondent has been notified and afforded the
opportunity to be heard.
5 . To hold hearings upon any complaint made a-
gainst a person, an employer, an employment agen-
cy, or a labor organization, or the employees or
members thereof, to subpoena witnesses and compel
their attendance at such hearings, to administer
oaths and take the testimony of any person under
oath, and to compel such person, employer, employ-
ment agency, or labor organization, or employees
or members thereof to produce for examination any
books and papers relating to any matter involved
in such complaint. The Commission shall issue
subpoenas for witnesses in the same manner and for
the same purposes on behalf of the respondent upon
his request. Such hearings may be held by the
commission, by any commissioner, or by any hearing
examiner appointed by the commission. If a wit-
ness either fails or refuses to obey a subpoena
issued by the commission, the commission may
petition the district court having jurisdiction
for issuance of a subpoena and the court shall in
a proper case issue the subpoena. Refusal to obey
such subpoena shall be subject to punishment for
contempt.
6 . To issue such publications and reports of
investigations and research as in the judgment of
the commission shall tend to promote good will
among the various racial, religious, and ethnic
groups of the state and which shall tend to mini-
mize or eliminate discrimination in public accom-
modations, employment, apprenticeship and on-the-
job training programs, vocational schools, or
housing because of race, creed, color, sex, na-
tional origin, religion, ancestry or disability.
7 . To prepare and transmit to the Mayor and City
Council from time to time, but not less often than
once each year, reports describing its proceed-
ings, investigations, hearings conducted and the
outcome thereof, decisions rendered, and the other
work performed by the commission.
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8 . To make recommendations to the City Council
for such further legislation concerning discri-
mination because of race, creed, color, sex,
national origin, religion, ancestry or disability
as it may deem necessary and desirable.
9. To cooperate, within the limits of any appro-
priations made for its operations, with other
agencies or organizations, both public and pri-
vate, whose purposes are consistent with those of
this chapter, and is the planning and conducting
of programs designed to eliminate racial, reli-
gious, cultural, and intergroup tensions .
10. To adopt, publish amend, and rescind regula-
tions consistent with and necessary for the en-
forcement of this chapter.
11 . To receive, administer, dispense and account
for any funds that may be voluntarily contributed
to the commission and any grants that may be
awarded the commission for furthering the purposes
of this chapter with the approval of the City
Council .
12 . To refer a complaint to the Iowa Civil Rights
Commission under commission rules .
Sec. 191-2-1006. Unfair employment practices .
1 . It shall be an unfair or discriminatory prac-
tice for any:
a. Person to refuse to hire, accept,
register, classify, or refer for employ-
ment, to discharge any employee, or to
otherwise discriminate in employment
against any applicant for employment or
any employee because of the age, race,
creed, color, sex, national origin,
religion or disability of such applicant
or employee, unless based upon the
nature of the occupation. If a disabled
person is qualified to perform a parti-
cular occupation, by reason of training
or experience, the nature of that occu-
pation shall not be the basis for excep-
tion to the unfair or discriminating
practices prohibited by this subsection.
b. Labor organization or the employees,
agents or members thereof to refuse to
admit to membership any applicant, to
expel any member, or to otherwise dis-
criminate against any applicant for
membership or any member in the privi-
leges, rights, or benefits of such mem-
bership because of the age, race, creed,
color, sex, national origin, religion or
disability of such applicant or member.
C. Employer, employment agency, labor
organization, or the employees, agents,
or members thereof to directly or in-
directly advertise or in any other man-
ner indicate or publicize that indivi-
duals of any particular age, race,
creed, color sex, national origin, re-
ligion or disability are unwelcome,
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objectionable, not acceptable, or not
solicited for employment or membership
unless based on the nature of the occu-
pation. If a disabled person is quali-
fied to perform a particular occupation
by reason of training or experience, the
nature of that occupation shall not be
the basis for exception to the unfair or
discriminating practices prohibited by
this subsection.
An employer, employment agency, or their
employees, servants or agents may offer
employment or advertise for employment
to only the disabled, when other appli-
cants have available to them, other em-
ployment compatible with their ability
which would not be available to the dis-
abled because of their handicap. Any
such employment or offer of employment
shall not discriminate among the dis-
abled on the basis of race, color,
creed, sex or national origin.
2 . This section shall not prohibit discrimination
on the basis of age if the person subject to the
discrimination is under the age of eighteen years,
unless that person is considered by law to be an
adult.
3 . Notwithstanding the provisions of this sec-
tion, a city, state or federal program designed to
benefit a specific age classification which serves
a bona fide public purpose shall be permissible.
4. This section shall not apply to age discri-
mination in bona fide apprenticeship employment
programs if the employee is over fortyfive years
of age.
5 . This section shall not apply to:
a. Any employer who regularly employs
less than four individuals . For pur-
poses of this subsection, individuals
who are members of the employer' s family
shall not be counted as employees .
b. The employment of individuals for
work within the home of the employer if
the employer or members of his family
reside therein during such employment.
C. The employment of individuals to
render personal service to the person of
the employer or members of his family.
d. Any bona fide religious institution
or its educational facility, associa-
tion, corporation or society with re-
spect to any qualifications for em-
ployment based on religion when such
qualifications are related to a bona
fide religious purpose. A religious
qualification for instructional per-
sonnel or an administrative officer,
serving in a supervisory capacity of a
bona fide religious educational facility
or religious institution, shall be
presumed to be a bona fide occupational
qualification.
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Sec. 19;�-1007 . Unfair practices-accommo-
dations or services
1 . It shall be an unfair or discriminatory prac-
tice for any owner, lessee, sublessee, proprietor,
manager, or superintendent of any public accommo-
dation or any agent or employee thereof:
a. To refuse or deny to any person
because of race, creed, color, sex,
national origin, religion or disability
the accommodations, advantages, facili-
ties services, or privileges thereof, or
otherwise to discriminate against any
person because of race, creed, color,
sex, national origin, religion or dis-
ability in the furnishing of such accom-
modations, advantages, facilities, ser-
vices, or privileges .
b. To directly or indirectly advertise
or in any other manner indicate or
publicize that the patronage of persons
of any particular race, creed, color,
sex, national origin, religion or dis-
ability is unwelcome, objectionable, not
acceptable, or not solicited.
2 . This section shall not apply to:
a. Any bona fide religious institution
with respect to any qualifications the
institution may impose based on religion
when such qualifications are related to
a bona fide religious purpose.
b . The rental or leasing to transient
individuals of less than six rooms
within a single housing accommodation by
the occupant or owner of such housing
accommodation if the occupant or owner
or members of his family reside therein.
Sec. 1912-1008 . Unfair-or-discriminatory-practices
housing.
It shall be an unfair or discriminatory practice
for any owner, or person acting for an owner, of
rights to housing or real property, with or with-
out compensation, including but not limited to
persons licensed as real estate brokers or sales-
men, attorneys, auctioneers, agents or representa-
tives by power of attorney or appointment, or any
person acting under court order, deed of trust, or
will .
1 . To refuse to sell, rent, lease, assign or sub-
lease any real property or housing accommodation
or part, portion or interest therein, to any per-
son because of the race, color, creed, sex, reli-
gion, national origin or disability of such per-
son.
2 . To discriminate against any person because of
his race, color, creed, sex, religion, national
origin or disability, in the terms, conditions or
privileges of the sale, rental , lease assignment
or sublease of any real property or housing
accommodation or any part, portion or interest
therein.
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3 . To directly or indirectly advertise, or in any
other manner indicate or publicize that the pur-
chase, rental, lease, assignment, or sublease of
any real property or housing accommodation or any
part, portion or interest therein, by persons of
any particular race, color, creed, sex, religion,
national origin or disability is unwelcome, objec-
tionable, not acceptable or not solicited.
4. To discriminate against the lessee or pur-
chaser of any real property or housing accommo-
dation or part, portion or interest of the real
property or housing accommodation, or against any
prospective 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.
1912-1009 . Unfair-or-discriminatory-practices
education.
It shall be an unfair or discriminatory practice
for any educational institution to discriminate on
the basis of sex in any program or activity. Such
discriminatory practices shall include but not be
limited to the following practices :
1 . On the basis of sex, exclusion of a person or
persons from participation in, denial of the
benefits of, or subjection to discrimination in
any academic, extracurricular, research, occupa-
tional training, or other program or activity
except athletic programs;
2 . On the basis of sex, denial of comparable
opportunity in intramural and interscholastic
athletic programs;
3 . On the basis of sex discrimination among
persons in employment and the conditions thereof;
4 . On the basis of sex, the application of any
rule concerning the actual or potential parental,
family or marital status of a person, or the
exclusion of any person from any program or acti-
vity or employment because of pregnancy or related
conditions dependent upon the physician' s diag-
nosis and certification.
For the purpose of this section "educational
institution" includes any public preschool, or
elementary, secondary, or merged area school or
area education agency and their governing boards .
Nothing in this section shall be construed to
prohibit any educational institution from main-
taining separate toilet facilities, locker rooms
or living facilities for the different sexes so
long as comparable facilities are provided.
1912-1010 . Unfair-credit-practices .
It shall be an unfair or discriminatory practice
for any:
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1 . Creditor to refuse to enter into a consumer
credit transaction or 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 age,
color, creed, national origin, race, religion,
marital status, sex, or physical disability.
2 . Person authorized or licensed to do business
in this state pursuant to chapter 524, 533, 534,
536, or 536A to refuse to loan or 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, sex or physical dis-
ability.
3 . Creditor to refuse to offer credit life or
health and accident insurance because of color,
creed, national origin, race, religion, marital
status, age, physical disability or sex. 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 considerations
not prohibited by title XX, Federal Act.
The provisions of this section shall not be con-
strued by negative implication or otherwise to
narrow or restrict any other provisions of this
chapter.
Sec. 191-2-1011 . Aiding or abetting
It shall be an unfair or discriminatory practice
for:
1 . Any person to intentionally aid, abet, compel,
or coerce another person to engage in any of the
practices declared unfair or discriminatory by
this chapter.
2 . Any person to discriminate against another
person in any of the rights protected against
discrimination on the basis of age, race, creed,
color, sex, national origin, religion or dis-
ability by this chapter because such person has
lawfully opposed any practice forbidden under this
chapter, obeys the provisions of this chapter, or
has filed a complaint, testified, or assisted in
any proceeding under this chapter. An employer,
employment agency, or their employees servants or
agents may offer employment or advertise for
employment to only the disabled, when other appli-
cants have available to them other employment
compatible with their ability which would not be
available to the disabled because of their hand-
icap. Any such employment or offer of employment
shall not discriminate among the disabled on the
basis of race, color, creed, sex or national
origin.
Sec. 191z-1012 . Exceptions .
The provisions of section 1912-1008 shall not apply
to.
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1 . Any bona fide religious institution with
respect to any qualifications it may impose based
on religion, when such qualifications are related
to a bona fide religious purpose.
2 . The rental or leasing of a housing accommo-
dation in a building which contains housing accom-
modations for not more than two families living
independently of each other, if the owner or
members of his family reside in one of such hous-
ing accommodations .
3 . The rental or leasing of less than six rooms
within a single housing accommodation by the
occupant or owner of such housing accommodation,
if he or members of his family reside therein.
4. Restrictions based on sex on the rental or
leasing of housing accommodations by nonprofit
corporations .
5 . The rental or leasing of a housing accommoda-
tions within which residents of both sexes must
share a common bathroom facility on the same floor
of the building.
Sec. 191-2-1013 . Sex or age provisions not
applicable to retirement plans .
The provisions of this chapter relating to dis-
crimination because of sex or age shall not be
construed to apply to any retirement plan or
benefit system of any employer unless such plan or
system is a mere subterfuge adopted for the pur-
pose of evading the provisions of this chapter.
Sec. 1912-1014. Promotion or transfer.
After a handicapped individual is employed, the
employer shall not be required under this chapter
to promote or transfer such handicapped person to
another job or occupation, unless prior to such
transfer, such handicapped person by training or
experience is qualified for such job or occupa-
tion. Any collective bargaining agreement between
an employer and labor organization shall contain
this section as part of such agreement.
Sec. 1912-1015 . Complaint--hearing.
1 . Any person claiming to be aggrieved by a
discriminatory or unfair practice may, by himself
or his attorney, make, sign, and file with the
commission a verified, written complaint in tri-
plicate which shall state the name and address of
the person, employer, employment agency, or labor
organization alleged to have committed the discri-
minatory or unfair practice of which complained,
shall set forth the particulars thereof, and shall
contain such other information as may be required
by the commission. The commission, a commissioner
or the City Attorney may in like manner make, sign
and file such complaint.
2 . Any place of public accommodation, employer,
labor organization, or other person who has any
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employees or members who refuse or threaten to
refuse to comply with the provisions of this
chapter may file with the commission a verified
written complaint in triplicate asking the commis-
sion for assistance to obtain their compliance by
conciliation or other remedial action.
3 . a. After the filing of a verified complaint, a
true copy shall be served within twenty days by
certified mail on the person against whom the com-
plaint is filed. An authorized member of the
commission staff shall make a prompt investigation
and shall issue a recommendation to a hearing
officer under the jurisdiction of the commission,
who shall then issue a determination of probable
cause or not probable cause.
b. If the hearing officer concurs with the inves-
tigating official that probable cause exists re-
garding the allegations of the complaint, the
staff of the commission shall promptly endeavor to
eliminate the discriminatory or unfair practice by
conference, conciliation and persuasion. If the
hearing officer finds that no probable cause
exists, the hearing officer shall issue a final
order dismissing the complaint and shall promptly
mail a copy to the complainant and to the respon-
dent by certified mail . A finding of probable
cause shall not be introduced into evidence in an
action brought under Sec. 1912-1016 .
C. The commission staff must endeavor to elimini-
nate the discriminatory or unfair practice by
conference, conciliation and persuasion for a
period of thirty (30 ) days following the initial
conciliation meeting between the respondent and
the commission staff after a finding of probable
cause. After the expiration of thirty days, the
director may order the conciliation conference and
persuasion procedure provided in this section to
be bypassed when the director determines the pro-
cedure is unworkable by reason of past patterns
and practices of the respondent, or a statement by
the respondent that the respondent is unwilling to
continue with the conciliation. The director must
have the approval of a commissioner before by-
passing the conciliation, conference and per-
suasion procedure . Upon the bypassing of con-
ciliation, the director shall state in writing the
reasons for bypassing.
4. The members of the commission and its staff
shall not disclose the filing of a complaint, the
information gathered during investigation, or the
endeavors to eliminate such discriminatory or
unfair practice by conference, conciliation, and
persuasion, unless such disclosure is made in
connection with the conduct of such investigation.
5 . When the director is satisfied that further
endeavor to settle a complaint by conference,
conciliation, and persuasion is unworkable and
should be bypassed, and the thirty day period
provided for in subsection 3 has expired without
agreement, the director with the approval of a
commissioner, shall issue and cause to be served a
written notice specifying the charges in the
complaint as they may have been amended and the
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reasons for bypassing conciliation, if the con-
ciliation is bypassed, and requiring the respon-
dent to answer the charges of the complaint at a
hearing before the commission, a commissioner, or
a person designated by the commission to conduct
the hearing, hereafter referred to as the heraing
officer, and at a time and place to be specified
in the notice.
6 . The case in support of such complaint shall be
presented at the hearing by one of the commis-
sion' s attorneys . The investigating official
shall not participate in the hearing except as a
witness nor shall he participate in the delibera-
tions of the commission in such case.
7 . The hearing shall be conducted in accordance
with the provisions of chapter 17A, Code of Iowa
for contested cases . The burden of proof in such
a hearing shall be on the commission.
8 . If upon taking into consideration all of the
evidence at a hearing, the commission determines
that the respondent has engaged in a discrimina-
tory 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 will
carry out the purposes of this chapter. A copy of
the order shall be delivered to the respondent,
the complainant, and to any other public officers
and persons as the commission deems proper.
a. For the purposes of this subsection
and pursuant to the provisions of this
chapter "remedial action" includes but
is not limited to the following:
(1 ) Hiring, reinstatement or
upgrading of employees with or
without pay. Interim earned
income and unemployment com-
pensation shall operate to
reduce the pay otherwise
allowable.
(2 ) Admission or restoration
of individuals to a labor
organization, 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 .
(3 ) Admission of individuals
to a public accommodation or
an educational institution.
(4) Sale, exchange, lease,
rental, assignment or sublease
of real property to an indivi-
dual .
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(5 ) Extension to all indivi-
duals of the full and equal
enjoyment of the advantages,
facilities, privileges, and
services of the respondent
denied to the complainant
because of the discriminatory
or unfair practice.
(6 ) Reporting as to the
manner of compliance.
(7 ) Posting notices in con-
spicuous places in the re-
spondent' s place of business
in form prescribed by the
commission and inclusion of
notices in advertising ma-
terial .
(8 ) Payment to the complai-
nant of damages for 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 .
b. In addition to the remedies provided
in the preceding provisions of this
subsection, the commission may issue an
order requiring the respondent to cease
and desist from the discriminatory or
unfair practice and to take such affir-
mative action as in the judgment of the
commission will carry out the purposes
of this chapter as follows :
(1 ) In the case of a re-
spondent operating by virtue
of a license issued by the
state or a political subdivi-
sion or agency, if the commis-
sion, 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 know-
ingly or recklessly tolerated
by the board of directors of
the respondent or by an offi-
cer or executive agent acting
within the scope of his or her
employment, the commission
shall so certify to the li-
censing agency. Unless the
commission finding of a dis-
criminatory 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 li-
censing agency may initiate
licensee disciplinary proce-
dures .
14
(2 ) In the case of a respon-
dent 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, requested, com-
manded, performed, or know-
ingly or recklessly tolerated
by the board of directors of
the respondent or by an offi-
cer or executive agent acting
within the scope of his or her
employment the commission
shall so certify to the con-
tracting agency. Unless the
commission' s finding of a
discriminatory or unfair
practice is reversed in the
course of judicial review, the
finding of discrimination is
binding on the contracting
agency.
(3 ) Upon receiving a certi-
fication made under this
subsection, a contracting
agency may take appropriate
action to terminate a contract
or portion thereof previously
entered into with the respon-
dent, either absolutely or on
condition that the respondent
carry out a program of com-
pliance with the provisions of
this chapter, and assist the
state and all political sub-
divisiona and agencies thereof
to refrain from entering into
further contracts .
C. The election of an affirmative order
under paragraph "b" of this subsection
shall not bar the election of affir-
mative remedies provided in paragraph
"a" of this subsection.
9 . The terms of a conciliation agreement reached
with the respondent may require him or her to
refrain in the future from committing discrimina-
tory or unfair practices of the type stated in the
agreement, to take remedial action as in the
judgment of the commission will carry out the pur-
poses of this chapter, 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 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 respon-
dent, and such other persons as the commission
deems proper. At any time in its discretion, the
15
commission 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
respondent, the commission shall take appropriate
action to assure compliance.
10 . If, upon taking into consideration all of the
evidence at a hearing, the commission finds that a
respondent has not engaged in any such discrimina-
tory or unfair practice, the commission shall
issue an order denying relief and stating the
findings of fact and conclusions of the commis-
sion, and shall cause a copy of the order dismis-
sing the complaint to be served by certified mail
on the complainant and the respondent.
11 . The commission shall establish rules to
govern, expedite and effectuate the procedures
established by this chapter and its own actions
thereunder.
12 . A claim under this chapter shall not be
maintained unless a complaint is filed with the
commission within one hundred eighty days after
the alleged discriminatory or unfair practice
occurred.
Sec. 1912-1016 . One hundred twenty-day
administrative release
1 . A person claiming to be aggrieved by an unfair
or discriminatory practice must initially seek an
administrative relief by filing a complaint with
the commission in accordance with Sec. 1912-1015 .
A complainant after the proper filing of a com-
plaint with the commission, may subsequently
commence action for relief in the district court
if all of the following conditions have been
satisfied:
a. The complainant has timely filed the
complaint with the commission as pro-
vided in Sec. 1912-1015 .
b. The complaint has been on file with
the commission for at least one hundred
twenty days and the commission has
issued a release to the complainant.
2 . Upon a request by the complainant, and after
the expiration of one hundred twenty days from the
timely filing of a complaint with the commission,
the commission shall issue to the complainant a
release stating that the complainant has a right
to commence an action in the district court. A
release under this subsection shall not be issued
if a finding of no probable cause has been made on
the complaint by the hearing officer charged with
that duty, or a conciliation agreement has been
executed under Sec. 1912-1015, or the commission
has served notice of hearing upon the respondent.
3 . An action authorized under this section is
barred unless commenced within ninety days after
issuance by the commission of a release under this
section or within one year after the filing of the
16
complaint, whichever occurs first. If a complai-
nant obtains a release from the commission under
this section, the commission shall be barred from
further action on that complaint.
4. Venue for an action under this section shall
be in the county in which the respondent resides
or has its principal place of business, or in the
county in which the alleged unfair or discrimina-
tory practice occurred.
5 . The district court may grant any relief in an
action under this section which is authorized by
Sec . 191-2-1015 to be issued by the commission. The
district court may also award the respondent
reasonable attorney' s fees and court costs when
the court finds that the complainant' s action was
frivilous .
6 . It is the legislative intent of this chapter
that every complaint be at least preliminarily
screened during the first one hundred twenty days .
Sec . 1912-1017 . Judicial Review--enforcement.
1 . Judicial review of the actions of the commis-
sion may be sought in accordance with the terms of
the Iowa administrative procedure Act. Notwith-
standing the terms of said Act, the petition for
judicial review may be filed in the district court
in which an enforcement proceeding under sub-
section 2 may be brought.
For purposes of the time limit for filing a peti-
tion for judicial review under the Iowa admini-
strative procedure Act, specified by Section
17A. 19, Code of Iowa, the issuance of a final
decision of the commission under this chapter
occurs on the date notice of the decision is
mailed by certified mail, to the parties .
2 . The commission may obtain an order of court
for the enforcement of commission orders in a
proceeding as provided in this section. Such an
enforcement proceeding shall be brought in the
district court of the district in the county in
which the alleged discriminatory or unfair prac-
tice which is the subject of the commission' s
order was committed, or in which any respondent
required in the order to cease or desist from a
discriminatory or unfair practice or to take other
affirmative action, resides, or transacts busi-
ness.
3 . Such an enforcement proceeding shall be ini-
tiated by the filing of a petition in such court
and the service of a copy thereof upon the respon-
dent. Thereupon the commission shall file with
the court a transcript of the record of the hear-
ing before it. The court shall have power to
grant such temporary relief or restraining order
as it deems just and proper, and to make and enter
upon the pleadings , testimony, and proceedings set
forth in such transcript an order enforcing,
modifying and enforcing as so modified, or setting
aside the order of the commission, in whole or in
part.
17
a ,
4. An objection that has not been urged before
the commission shall not be considered by the
court in an enforcement proceeding unless the
failure or neglect to urge such objection shall be
excused because of extraordinary circumstances .
5 . Any party to the enforcement proceeding may
move the court to remit the case to the commission
in the interests of justice for the purpose of
adducing additional specified and material evi-
dence and seeking findings thereof, providing such
party shall show reasonable grounds for the
failure to adduce such evidence before the commis-
sion.
6 . In the enforcement proceeding the court shall
determine its order on the same basis as it would
in a proceeding reviewing commission action under
section 17A. 19, subsection 8 of the Code of Iowa.
7 . The commission' s copy of the testimony shall
be available to all parties for examination at all
reasonable times, without cost, and for the pur-
pose of judicial review of the commission' s or-
ders .
8 . The commission may appear in court by its own
attorney.
9 . Petitions filed under this section shall be
heard expeditiously and determined upon the tran-
script filed without requirement for printing.
10. If no proceeding to obtain judicial review is
instituted within thirty days from the service of
an order of the commission under section 1912-1015,
the commission may obtain an order of the court
for the enforcement of such order upon showing
that respondent is subject to the jurisdiction of
the commission and resides or transacts business
within the county in which the petition for en-
forcement is brought.
Sec. 1912-1018 . Rule of construction.
This chapter shall be construed broadly to effec-
tuate its purposes .
Section Two. All ordinances or parts of or-
dinances in conflict herewith are hereby repealed to the
extent of such conflict if any.
Section three. This ordinance shall be full force
and effect from and after its passage and publication as
required by law.
Passed this 16th day of October 1979 .
Gins Bic-knese, City Clerk Lee ellinger, Mayor